Criminal Defense

Recent Posts in Criminal Defense Category

  • How to Remove the DV From Domestic Violence Charges

    Is it Possible to Avoid a DV Conviction? False accusations of domestic violence are not uncommon. Unfortunately, once the police have been notified, there is little, if anything, the defendant or the alleged victim can do to stop the case. So what happens when there isn’t enough evidence to convict someone of domestic violence, it’s not clear the violence was not in self-defense , or when the ...
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  • Aggravating and Mitigating Circumstances and Felony Sentences

    Picking the Punishment When sentencing a person for a felony conviction, judges must use their discretion to impose a sentence that is fair and just given the specific circumstances of the crime. For many felony crimes , the judge must issue a sentence within a range of possible imprisonment, with few exceptions. The range typically includes a lower, middle, and an upper end of the sentencing ...
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  • How Long Can a Restraining Order Remain in Effect?

    Restraining Order Duration Periods Restraining orders are commonly issued in cases involving crimes such as assault, harassment, and domestic violence. They can also be issued in certain family law matters. A judge can issue one of a few types of restraining orders, each of which may remain in effect for different periods of time. Understanding how long your restraining order will remain in effect ...
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  • Requesting Your Criminal Record From the State of California

    Having a criminal record can complicate job hunting. Most employers run background checks on potential employees, and if you don’t know what information they can see, it can be nerve-wracking to the say the least. You can save yourself some uncertainty by obtaining a copy of your criminal record from the State of California. Your California criminal record will display information about your ...
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  • Combating False Allegations of Domestic Violence

    Where’s the Evidence? We like to think that hard evidence is necessary in order to file charges against or convict someone in a criminal court. But this belief in justice can leave you unprepared for the reality of domestic violence cases. Typically, sufficient evidence is required to take legal action against someone, be it filing a restraining order or filing criminal charges. In many cases, ...
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  • Navigating DUI Pre-Trial Proceedings

    Steps Prior to Trial There are many stages in a DUI criminal case, beginning with the arrest and ending, in some cases, with a trial. Now, not all cases that are on the trial track actually make it there. In many criminal cases, a deal can be worked out before trial, thus saving both the defense and the prosecution from the cost and involvement of trial. And, deals worked out on the way to trial ...
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  • Can I Be Fired for a Criminal Conviction?

    Employers’ Rights If you have a criminal conviction, convincing someone to hire you can be challenging. Even if you already have a job and are convicted of a crime, your livelihood may be at stake. Generally speaking, an employer has the right to ask for written consent to perform investigative consumer background checks, also called consumer background check, on their employees and applicants. ...
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  • Just the Facts: Issues Addressed at DMV Administrative Hearings

    Two Actions: The DMV and the Court As part of any DUI case, there are two separate legal processes taking place: the criminal court process and the DMV process. The DMV process is administrative. Unless you request a DMV administrative review hearing, the DMV will automatically suspend your license is you are arrested for a DUI. You don’t to be convicted for this to happen. If you request a DMV ...
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  • Earning Early Release: What Prop 57 Means for California’s Prison System

    Pathways to Early Release California’s prison system is one of the most crowded in the nation. Amidst severe overcrowding and enormous costs, California took steps to reduce the statewide inmate population to alleviate these problems. Despite the drastic situation, this reduction could only happen gradually while preserving the safety of the community, a top concern for many who opposed the ...
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  • How Police Make Domestic Violence Arrests

    A Critical Decision Reports of domestic violence are taken very seriously. When responding to a domestic violence call, it can be difficult for law enforcement to know who is the victim and who is the abuser. Nevertheless, responding officers often make an arrest to prevent further violence from taking place. Being arrested for domestic violence can result is some serious consequences, so it is ...
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  • Domestic Violence Plea Bargains

    A Favorable Exchange In certain criminal cases, a defendant, or, more likely, his or her attorney, may be able to negotiate a plea bargain. A plea bargain is essentially a deal between the defendant and the prosecuting attorney. Typically, the defendant receives a lesser charge in exchange for a guilty plea. Plea bargains serve both the prosecuting attorney’s and the defendant’s interests. The ...
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  • Are You a UPS or Other Delivery Driver? Traffic School Could Save Your Job

    Traffic School and the Point System The California Department of Motor Vehicles (DMV) maintains driving records for all California drivers, including commercial drivers. Driving points are assigned to driving records for certain offenses. The driving point system also called the Negligent Operator Treatment System (NOTS), ensures proper action is taken against repeat traffic offenders’ driving ...
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  • What Is the Burden of Proof?

    Bearing the Burden The U.S. judicial system relies on strict procedures to ensure justness and fairness. There are legal standards that must be met before a judgment can be made. These standards are particularly important to criminal defendants. Criminal defendants are presumed innocent until their guilt is proven. In criminal cases, you must present sufficient evidence to establish that a fact is ...
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  • Can an Off-Duty Traffic Citation Affect My CDL?

    When Your Job Is at Stake CDL holders are held to a higher standard than non-commercial vehicles, both on and off-duty. Needless to say, CDL holders must be extra careful on the road at all times. Commercial drivers can face more than just a fine if they get a traffic citation; they can face discipline or even lose their job. This is true even if they were driving their personal vehicle off-duty ...
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  • Do Sobriety Checkpoints Target Certain Drivers?

    Checkpoint Rules Many people are arrested at the 2,500 or so sobriety checkpoints California operates throughout the state every year. For those facing DUI charges from a sobriety checkpoint stop, it is important to know and understand your rights as well as the legal requirements sobriety checkpoints must adhere to. One of the most important of these requirements pertains to whom police officers ...
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  • What Delivery Drivers Should Know About DUI Convictions

    CDLs and DUIs If you are a commercial driver such as a delivery driver, being convicted of a DUI introduces special considerations, even if you were driving off-duty and in your own vehicle. Not only can you lose your license , your job might be on the line as well. And commercial drivers can be held to a higher standard that non-commercial drivers when it comes to DUIs. The blood alcohol ...
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  • Proving Injury in Domestic Violence Cases

    Tenuous Evidence When it comes to domestic violence offenses, the evidence is sometimes in scarce supply. Consequently, domestic violence cases are some of the toughest a criminal defense attorney will ever handle because of a few key factors. There are often no witnesses to the offense because many domestic violence crimes are committed in the privacy of the defendant’s home. In many cases, it is ...
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  • How Long Must I Have an IID Installed in My Car?

    Restricting Your Driving If you get a DUI conviction in Alameda, Los Angeles, Sacramento or Tulare counties, the court will order you to install an ignition interlock device (IID) in any car you own or drive. Installing an IID will cost you in both time and money. Not only will you need to pay for the installation and rental of the device, but you will also have to take your car in at least every ...
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  • How Does the Prosecutor Prove Intoxication By a Drug?

    Drugs and DUIs When it comes to California DUI laws, driving under the influence of many substances is illegal. Alcohol is just one of these, albeit a very common one. Many other controlled substances, such as over the counter drugs , illicit drugs or even prescription drugs have the potential to affect a person’s ability to drive as safely and with as much caution as a sober person would under ...
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  • California’s Forthcoming Ignition Interlock Device Requirement

    The Future of California DUI Penalties In California, certain DUI offenders are required to install ignition interlock devices in the cars they own or drive. These devices prohibit drivers from starting their car without first providing a breath sample with no detectable alcohol in it. The devices are expensive and inconvenient, but they inarguably cut down on subsequent DUI offenses. Because of ...
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  • Can Felons Vote?

    How Do Criminal Convictions Affect Voting Rights? Voting rights are important to many Americans. Especially in today’s political climate, the right to vote is a great way to make your voice heard. And, as California proposes more and more controversial laws, every vote counts. Unfortunately, a person convicted of a felony may lose his or her right to vote . While this may be the least of your ...
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  • How to Disclose Your Criminal Past on Job Applications

    Knowing What to Disclose When applying for jobs in California, having a criminal past can hold you back. In today’s day and age, whether or not it is fair, hiring managers frequently don’t give applicants with criminal histories the time of day. Because of this, many job seekers with criminal histories hesitate to give any information about their conviction to their potential employers. Disclosing ...
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  • What Is a Violent Felony?

    An Important Designation Among the potential criminal charges you could face, felonies are the most serious. Far more serious than infractions or misdemeanors, felonies are punishable by prison time and can revoke many rights. Felonies considered as violent are unique in that they often result in enhanced sentences (i.e. harsher penalties) and more significant long-term consequences than ...
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  • Facing a DUI in California? 10 Terms You Need to Know

    Facing DUI charges is stressful, confusing, and overwhelming. Aside from worrying about your future, you will be encountering many legal terms you may not understand. But to face your charges with confidence, you will need to understand the basics of DUI law. To help you do that, here are ten DUI terms you need to know: Admin Per Se: California’s administrative per se law is fairly basic. Per se ...
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  • By the Book: Title 17 Regulations and DUI Defense

    Following Proper Procedure Many DUI cases hinge on the results of blood alcohol content (BAC) tests. Because these tests can have such serious consequences, they are subject to numerous regulations. These regulations ensure the tests produce legally valid and accurate results and do not violate the defendant’s rights. Title 17 regulations , part of the health code, set forth regulations for the ...
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