Criminal Defense
Will a DUI Charge Impact My Custody Rights?
Child custody can be one of the most contentious issues in a divorce or relationship breakup. In many cases, the court will make the decision regarding child custody. When custody is shared, and you have been arrested and charged with DUI, questions regarding parenting could be exploited by the lawyer representing the other parent.
How Does a Court Determine the Value of Stolen Goods?
The value of stolen goods will determine whether a charge will be filed as petty theft or grand theft. The value of the goods is a crucial point in the level of a theft charge. The value should reflect the “fair market value” of the item. If it is determined the value is above $950, grand theft charges will be filed. The value of the item is of critical importance to the accused person – if the allegedly stolen item is overvalued by the prosecutor, the accused could face an unfair legal situation.
Can I Get Probation for Domestic Violence?
Rather than incarceration, you may have probation as the penalty for a domestic violence offense.
The Sting: Understanding Entrapment and Prostitution
California has taken a mixed stance on prostitution over the years. While it is illegal in all contexts across the state, new laws have been enacted to protect prostitutes from prosecution in certain scenarios… but the state has also continued efforts to limit prostitution as much as possible. For “johns” and other sexual solicitors, there are still harsh penalties, and law enforcement has continued to utilize prostitution stings to catch and prosecute offenders.
Will an Old, Out-of-State DUI Affect My Current Charge?
Having to go through the process of fighting a DUI once can be draining, especially if your case ended in a license suspension and criminal penalties. Years later, you may think the charge is far behind and that you have paid your debt to society. But if you end up on the wrong side of the law again, that old DUI charge may come back to haunt you – even if it took place in another state.
Do Juveniles Have a Right to Self-Defense?
Self-defense is one of the first legal concepts the average person brings up when facing a potential assault and battery charge. While this is a useful defense, it only applies in a handful of scenarios and requires a skilled attorney to know how to use it. When a minor is arrested for inflicting physical violence on someone else, this defense may rely on a specific interpretation of the law.
The Impact of a DUI on Your Visa
California has one of the largest immigrant populations in the United States, serving as a home to thousands of people from all around the world. Many are here legally, attending school and working for local businesses on certified visas. While these documents can be key to a new life, there are several strict rules you have to follow. If you are arrested for driving under the influence of alcohol or drugs, it can put your visa in jeopardy.
When Policing Errors Lead to an Arrest
Whether you saw those intimidating red-and-blue flashing lights in your rearview mirror or were suddenly served an arrest warrant, your first thought was probably, “What did I do wrong?”
Beating a DUI With a Blood-Split Motion
When an officer believes a suspect has committed a DUI, the officer can have the suspect perform several tests: a field sobriety, breathalyzer, or chemical test. Most people are aware that these are standard procedure, but defendants in DUI cases should also know that they can request their own independent tests. Referred to as a “blood split motion,” this can be a powerful tool in avoiding the full penalties of a DUI charge.
How Probation Works for DUIs
If you’ve been arrested for a DUI in San Diego, your biggest concern is staying out of jail. We have good news: California courts can invoke other, and oftentimes lighter, punishments for defendants convicted of driving under the influence. One option that defendants tend to overlook is probation, which may allow them to avoid jail time altogether. How can you qualify? Let’s find out.
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