October

Blog Posts in October, 2017

  • Aggravated Domestic Battery: The Important Elements

    Complicating Factors Domestic battery is one of California’s domestic violence offenses. Battery is a misdemeanor charge . Although misdemeanors are less serious than felonies , there are certain things that can increase the seriousness of a battery charge. In light of such aggravating circumstances, the offense can be charged as aggravated battery. But aggravated battery is not a domestic ...
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  • Challenging Your Accuser’s Exaggerated Claims

    When Things Get Out of Hand In domestic violence cases, the prosecution process often begins with the alleged victim calling law enforcement. The word of the victim will be taken seriously, and, in most cases, the alleged abuser will be arrested. False accusations are not uncommon in California domestic violence cases. Unfortunately, those that do make false accusations are often emotionally ...
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  • Wobbler Domestic Violence Cases: The Factors Considered

    Two Possibilities Certain domestic violence offenses are considered wobbler crimes. In California, wobbler crimes are those that can be charged as either misdemeanors or felonies. In wobbler crime cases, the prosecuting attorney can decide to file charges as a misdemeanor or a felony. How the prosecutor decides to charge an offense is determined on a case-by-case basis, so it’s important to learn ...
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  • Do I Need an Attorney for a Traffic Ticket?

    An Attorney for a Ticket? Traffic tickets in California can come with steep fines and penalty assessments. When coupled with long-term effects on your insurance rates, a simple traffic ticket can be a very costly mistake you’ll pay for over years. Needless to say, getting a ticket is stressful, and you might want to learn about your rights. One of your most important rights regarding traffic ...
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  • Should I Always Accept a Plea Bargain?

    An Agreement Between the Defendant and the Prosecution A plea bargain is an agreement between the defendant and the prosecution where the defendant agrees to plead guilty to certain charges in exchange for dropping or reducing certain charges or a lesser sentence. Plea bargains can be favorable to both the defendant and the court because the court avoids the resources involved in a trial and the ...
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  • Can I Appeal a Trial Verdict?

    When Courts Get It Wrong Sometimes courts make mistakes. When those mistakes happen, wrongfully convicted criminal defendants might have a right to appeal a trial verdict. As long as the defendant has grounds, he or she may file an appeal. The ground is the legally justified for the appeal. If you believe your trial verdict was a mistake, you might be able to appeal it. But a trial verdict appeal ...
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  • The Trick to Postponing Your License Suspension After a DUI Arrest

    Get a Stay to Stay on the Road Once you’re arrested for a DUI, the countdown to your license suspension begins. The arresting officer will give you a notice of your suspension, which states your suspension will go into effect in 30 days. Inaction is the quickest route to losing your license. If you do nothing, the DMV will automatically suspend your license in 30 days, leaving you with no options. ...
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  • Do I Have to Be Present at My DMV Hearing?

    Appearing at Your Hearing If you are facing proceedings with the California Department of Motor Vehicles, you probably want to know what to expect. Many people have never been to an administrative hearing of any kind. Without knowing what to expect, it’s hard to prepare, which can hurt your chance of winning your case. The first thing to understand is that DMV proceedings differ from criminal ...
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  • Have Priors? Here’s What That Means for Your Current Charges

    When the Deck is Stacked Against You When you are being prosecuted for a crime, many factors can influence your case. The facts and circumstances of your offense can influence how the prosecuting attorney files the charge. And many additional factors can influence how the judge sentences you. Among the most important of these numerous factors that can affect a criminal case is the defendant’s ...
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  • What Type of Attorney Can Help With a Traffic Ticket?

    Specialists vs. Generalists Licensed attorneys can provide legal advice on a wide range of legal topics. They are trained to interpret and apply the law. Although laws vary from issue to issue, attorneys have the general skills needed to practice law. At the same time, people who seek the help of an attorney typically want someone who is good at what they do. They don’t want to hire a criminal ...
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  • How Many Driving Points Will I Get for a DUI?

    The Points Add Up Among the many consequences of a DUI conviction, you will become involved with the California Department of Motor Vehicles, which oversees your driving privileges. The DMV will handle your Administrative Per Se license suspension, which is an automatic license suspension that takes effect 30 days after a DUI arrest . This suspension is separate from the suspension the court will ...
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