California Criminal Record Expungements A criminal record of any kind — whether for a felony or a misdemeanor — can wreak havoc on your life. You may find it difficult, if not impossible, to get a job, rent an apartment, apply for a loan, or even obtain higher education. In some cases, you may be able to have your criminal record expunged. Certain requirements must be met, but if your expungement is successful, your criminal record may no longer be available to employers, landlords, and more. Are You Eligible For An Expungement Of A Felony? Some felony crimes are eligible for an expungement and some are not. Therefore, if you wish to petition for the dismissal of your criminal records, you must not have: Sentenced to serve time in a state prison Committed new…Read More
What You Need To Know About Federal Crimes Federal crimes, sometimes called “white collar crimes,” are non-violent crimes that tend to carry a hefty sentence. If convicted of a federal crime, you face significant penalties. Here’s what you should know about federal crimes and how to get the legal help you need during this difficult time. Money Laundering Money laundering is a serious crime that involves concealing the origins of illegally obtained money. This usually occurs by transferring it through legitimate businesses. Money laundering is a “wobbler” crime in California, meaning it can be charged as a misdemeanor or a felony. However, jail time is usually included in the sentence. Immigration Law Violations If charged with violating U.S. immigration law, you face significant penalties, including deportation. In fact, many individuals are unaware of their…Read More
Probation Violation Help In California After a crime conviction, probation is often enacted. When on probation, you need to follow strict rules, some of which can be difficult to adhere to. Additionally, if you violate your probation, you could face more penalties. Therefore, it’s vital to contact a criminal defense attorney immediately to learn more about what your next step should be. Examples Of Probation Conditions Numerous conditions can be placed on a defendant’s probation. Many of them may be unique to the case. However, the probation conditions that are most common are as follows: Attend mandatory counseling connected with your violation, like drug and alcohol counseling or sex offender counseling Avoid alcohol and drugs and submit to random drug testing Wear a GPS monitoring device that tracks your location and alerts authorities if…Read More
Sobriety Tests: What You Need To Know A breathalyzer test is used to detect the amount of alcohol in a person’s bloodstream through their breath. Along with roadside sobriety tests, the results are used to determine if a person should be arrested for a DUI. But could the test be wrong? Here’s what you should consider. Breathalyzer Basics To Understand There are three versions of a breathalyzer machine that each work differently to measure the amount of alcohol in a person’s bloodstream. Infrared spectrometry is highly accurate but is a cumbersome device that requires a lot of space. Semiconductor testers are often used for personal BAC testing and are the least accurate of the three. Fuel cell breathalyzer tests are what most law enforcement officers use in the field to test BAC…Read More
Does A Misdemeanor Require A Lawyer Many people assume that misdemeanor crimes are trivial and don’t require the assistance of an attorney. While it is true that misdemeanor crimes result in less penalties than felonies if you are convicted, these crimes are still life changing. The short answer is yes, you absolutely still need a lawyer to represent you after an arrest for a misdemeanor crime. Jail Time While some misdemeanors won’t result in jail time, some will. No matter how short the sentence, or even if you end up being ordered to jail only on the weekends, your life will still be significantly changed by incarceration. A lawyer may be able to help you avoid incarceration at all, whereas facing charges without a lawyer gives you a higher chance of incurring…Read More
California Searches And Warrants Being searched by the police or being handed a warrant is a frightening prospect. However, it’s important to keep a level head and understand your rights when it comes to searches and warrants. Here are answers to the questions you want to know. 1. What Is a Warrant? Simply defined, a warrant is a document, signed by a judge, that gives law enforcement officers the authority to go into a premises (residential or commercial) and search or make an arrest. The warrant, however, only gives officers the authority to enter the place described in the warrant and seize items described in the warrant. 2. What If Officers Do Not Have a Warrant? If officers approach your home without a warrant to enter, you have the legal right to…Read More
Possession Laws In California Being arrested for the possession of drugs in California can be a frightening and disconcerting experience. However, in order to properly defend yourself against these charges, it’s important that you understand the difference between the types of possession and how they can play an important role in your case. Actual Possession If you are found in actual possession of drugs, this means a law enforcement officer has found drugs on your person, such as in your pocket or in your hand. Constructive Possession Constructive possession is charged when drugs are found in a place that an individual had cause to know about, such as in a vehicle or at a home. However, this charge means that other people may also have had knowledge of the drugs. Defenses Against…Read More
Can You Challenge Breathalyzer Test Results In California? When a person is pulled over and the law enforcement officer suspects the person has been drinking, they will typically issue a breathalyzer test. If the results are over the legal limit of 0.08% BAC, the person is generally arrested. Contrary to popular belief, breathalyzer results don’t clinch a guilty verdict. Here’s how you can challenge the validity of the results and increase your chances of a case dismissal. Did The Officer Properly Service And Calibrate The Breathalyzer Equipment? Law enforcement has a variety of protocols required to ensure that each breathalyzer is properly calibrated and serviced. A log is usually kept of when the equipment was last serviced or calibrated. Your DUI attorney should obtain this information to determine whether or not the…Read More
California Assault & Battery: What You Need To Know Understanding assault and battery is sometimes difficult. Often, the crimes are charged together. Therefore, many people consider them to be a single crime. The truth is, you can be charged with assault and battery separately. However, battery typically isn’t charged without assault even though the reverse is not always true. Criminal Charges can often be complex but here’s what you need to understand about assault and battery and how you can protect your rights after being charged with this crime. What Is Assault? Assault is defined as the threat of bodily harm, even if no actual bodily harm occurs. However, the threat must be great enough that it’s considered reasonable for the victim to fear for his life or safety. What Is Battery? Battery…Read More
Facing Your Second DUI Offense? If you have been charged with driving under the influence of alcohol for the second time in California, you stand to incur some harsh penalties. Here’s what you need to know about second time DUI offenses and how to protect your rights under the law. When Is A Second Offense Charged? California has a “lookback” period of 10 years. If you are arrested for driving while intoxicated two times in 10 years, the second offense is charged as a second offense. However, if you are arrested for driving while intoxicated two times in 12 years, the second offense will be charged as a first offense. Once 10 years has passed, your record “resets” back to zero. Penalties For A Second Offense DUI In California Unlike a first offense DUI, a…Read More
