People who get pulled over on suspicions of driving under the influence have the right to remain silent. This right means you do not have to answer an officer’s questions. If you do, however, make sure you tell the truth. A lie can expose you to further criminal charges. 1. What are some common scenarios …
Because a “no contest” plea under California DUI law is essentially the same as a guilty plea, you may not give much thought to which plea to enter if you are about to be convicted of misdemeanor driving under the influence. But if your DUI involved any other cars, passengers, pedestrians, or property, which plea …
While most California DUI cases resolve before trial, some proceed to a jury trial (as opposed to a court, judge, or “bench” trial). And because DUI trials are among the most common types of California misdemeanor trials, there are definitely some routine practices that you can expect to see. 1. What are some routine practices …
A criminal conviction in California can result in several penalties. For example, an offender may receive a county jail or prison term and may even have to pay substantial fines. But what happens if the offender holds a professional license? The license may actually be included in penalties as well. 1. How does a criminal …
Obviously, suffering a California drunk driving conviction is never a good thing. You face substantial fines, participation in alcohol and/or drug education classes, car insurance repercussions, and, depending on the severity of the offense, sometimes even a county jail or prison sentence. But is there a worry about losing a professional license? 1. How does …
These three California offenses are very closely related, and commonly confused. This is because each one shares “elements” with the other. Let me explain. 1. How does California law define “robbery”? Penal Code 211 PC, California’s robbery law, punishes the act of taking someone else’s property from that person’s “immediate presence” when accomplished by force …
California criminal law recognizes two similar forms of assault. These are assault with a deadly weapon (under Penal Code 245a1) and assault with a firearm (under Penal Code 245a2). Let’s take a look at the difference between the two offenses. 1. How does California law define “assault with a deadly weapon”? Penal Code 245a1 PC defines …
Under a 2010 Supreme Court opinion, juvenile offenders cannot receive life in prison without the possibility of parole as a sentence. 1. What did the Supreme Court say? In the case of Graham v. Florida, the Court said life without parole for juvenile offenders contravenes the evolving standards of decency through which we evaluate the …
Unlike some other states, California’s gun laws require that all private party gun transfers be brokered through a licensed California gun dealer. If you don’t participate in this type of necessary exchange, a prosecutor can charge you with a crime. The facts of the case will dictate which California gun law(s) prosecutors will accuse you …
Suppose the police arrest a person for a California DUI and also have a “reasonable suspicion” that the suspect was engaged in criminal activity. In that case, the police can search the party’s car and its contents. In doing so, they may find illegal weapons. A prosecutor can then charge the person with both DUI …
Although these are three completely separate crimes, they are often very closely related. This is because any one of these offenses is typically (though not necessarily) carried out simultaneously with the others. 1. What is the connection between the three offenses? The three crimes in question include: Penal Code 417 PC, California’s brandishing a weapon …
Staged accidents are just that — “accidents” that are staged. Often orchestrated by sophisticated crime rings, these intentional collisions are planned to make it look like an insured driver is at fault when, in reality, the insured driver was “set up” by the seemingly victimized party/parties. 1. Will a party receive penalties for staging an …
Contrary to popular belief, the prosecutor, not the victim, determines whether to file or drop California domestic violence charges. Many California prosecuting agencies go so far as to subscribe to a “no drop” policy. This means that even if the victim doesn’t want to “press charges,” the prosecutor will not drop the case. 1. What …
In law, we frequently refer to the term “burden of proof.” This legal term refers to how much proof the prosecutor or plaintiff needs before he/she can obtain a ruling against the defendant. Two of the most common “burdens” are “preponderance of the evidence” and “beyond a reasonable doubt.” 1. What is the “preponderance of …
Although this difference seems obvious, people often mistake the non-criminal infraction of driving without a license in one’s possession for the more serious misdemeanor offense of driving without a valid license. 1. What is the law under Vehicle Code 12951? California Vehicle Code 12951 penalizes driving without a license in your possession.1 As previously stated, …
It depends. Unless there is “pronounced weaving” for a “substantial” distance, witnessed by a “seasoned” officer, the answer will be no. Good news for many California DUI suspects. 1. When can weaving serve as probable cause for a DUI stop? Many officers will pull over suspected drunk drivers because they are weaving within their lanes. …
While everyone knows about the great weight-loss benefits of the Atkins Diet, few people know about the diet’s other big advantage… it’s a possible California DUI defense. 1. How does an Atkins Diet defense work? The Atkins Diet serves as a valid DUI defense since a low-carbohydrate / high-protein Atkins-style diet can fool DUI breath …
The core difference between defamation and false light is that defamation harms the victim’s reputation, while false light invades the victim’s privacy. There are many implications that come from this difference. For example, a defamatory statement only has to be made to one other person, while false light requires the disclosure to be to the …
Perhaps surprising, people can get arrested for driving under the influence of Listerine, Nyquil, a few sips of a cocktail, or any other liquid or substance that contains alcohol. It’s not that these drivers are necessarily “under the influence,” but it is due to the fact that the substances mentioned are all capable of producing …
Many people incorrectly believe that if you are arrested for a California DUI, and the police don’t read you your “Miranda rights,” your DUI charges will automatically be dismissed. The fact, however, is that absent particular circumstances, Miranda rights are generally not required as a part of a California DUI investigation. 1. What are Miranda …
Nevada DUI laws make a third DUI in seven years a felony, carrying at least a year in state prison. But since 2007, third-time offenders have had the choice to go to DUI Court instead, a rigorous rehab program. In Douglas County, half of the participants have been successful and had their felony DUI convictions …
People convicted of certain sex offenses in California become registered sex offenders for life. They must register with their local police department(s) every time they change their residence and every year within five days of their birthday. But what if an offender forgets to register? Can he/she receive life in prison? Can the party raise …
California self-defense laws allow people to use reasonable force (and even violence) to protect themselves against an attacker. An attacker’s threats, though, must be immediate and a person must use no more force than is reasonably necessary to thwart the attack. But what if someone starts a fight? Can he claim self-defense as a legal …
Blackmailing is when people demand money or another benefit from someone in return for that person’s promise that he/she will not reveal compromising or damaging information about them. The act is a criminal offense in California under Penal Code 518. PC 518 is the California statute that defines the crime of extortion. 1. How does …
Much of the negotiations between prosecutors and DUI defense attorneys involve reducing a DUI charge to a wet reckless or a dry reckless. Both of these reduced charges fall under California Vehicle Code 23103, the statute defining reckless driving. 1. What is a “wet reckless” in California? A “wet reckless” is a particular form of …
