It is standard practice for criminal defense attorneys to ask prosecutors to grant deferred sentencing in Colorado (C.R.S. 18-1.3-102) for their misdemeanor clients. These defendants have a better chance of getting deferred sentencing if they have no prior criminal history and are not a threat to public safety. Deferred sentencing definition A Colorado criminal defense attorney’s …
DWAI stands for the Colorado crime of “driving while ability impaired” (42-4-1301 (1)(g)). In Colorado, people commit DWAI if they are operating a motor vehicle while they are impaired by drugs or alcohol in “the slightest degree.” DUI per se versus DWAI The Colorado crime of DUI per se (42-4-1301(2)(a)) occurs when a person drives …
Numerous factors surrounding a car accident can be used to tell who was at fault for the crash. Some of these are the location of the damage on the vehicle, statements by the drivers and any witnesses, skid marks, and video of the accident. Pieces of evidence like these are used to show who is …
Generally speaking, no. This means if you are stopped on suspicion of DUI and asked to perform field sobriety tests (FSTs), you can lawfully refuse to do so. In fact, most criminal defense attorneys and DUI attorneys recommend that you politely refuse to take FSTs because they are more likely to hurt than help your …
If you are charged with California DUI and plead guilty to California “wet reckless” as a plea bargain, then you may find that you are unable to travel to Canada. Travel to Canada with a DUI can be difficult or impossible, because Canadian immigration law prevents anyone with a serious criminal conviction from entering the country. …
Amazingly enough, the answer is yes. Under California law, you could theoretically receive a county jail sentence for squealing your tires. Vehicle Code 23109(c) sets out the crime of “exhibition of speed.” This “crime” consists of nothing more than accelerating or driving at an unsafe speed in order to show off or impress other people. …
Identity theft occurs when someone acquires and uses another person’s private identifying information. Both California, as well as federal law, imposes punishments for identity theft. It is possible for individuals to be prosecuted for the same act of identity theft under both state and federal law. Both California Penal Code 530.5 PC and California Penal …
Individuals who have been the victim of police misconduct in California may file a criminal complaint. However, various types of police misconduct could constitute a crime, civil cause of action, or both. Victims may consider filing a civil rights lawsuit in order to be financially compensated for the harm they suffered if a police department …
If you are severely intoxicated on private property in California, can you be charged with being “drunk in public” under Penal Code 647(f) PC? If the private property is “open to the public,” the answer is: absolutely. Private Property “Open to the Public” California Penal Code Section 647(f) makes it a crime to be in …
If that donut or sandwich you’re eating on your morning commute to work in California causes you enough distraction to affect the safety of your driving, you could be pulled over and charged with the crime of reckless driving. When most people think of “distracted driving,” they think of people using hand-held cell phones and …
It is estimated that fewer than 5 percent of slip and fall cases go all the way to trial. Most are resolved short of trial, with many being settled out-of-court. Your case may be more likely to go to trial if there is an unwillingness to settle, if you were seriously hurt, or if you …
Electric skateboards and so-called “hoverboards” are increasingly popular amoung young people. But while a California law makes these boards legal, it also makes riding one under the influence a crime. In October 2015, then-Governor Jerry Brown signed AB 604 into law. Effective January 1, 2016, the law allows people 16 and older to ride electric …
Subject to certain age restrictions, someone from out of state can legally drive in California as long as: The driver has a current, valid license from the state in which he/she resides, and The license is valid for the type of vehicle the person is driving in California (such as a car, truck, motorcycle, etc.). …
The California DMV can suspend or restrict a license due to a driver’s cataracts or macular degeneration. But it may only do so if the condition actually affects a driver’s ability to drive safely. And even when driving ability is affected, cataracts and macular degeneration don’t always result in a lost license. Sometimes a driver …
Assembly Bill 2138 was signed into law by Gov. Brown in September 2018. According to the bill, a licensing board cannot take away, or deny, a license on the basis of a criminal conviction if the following is true: The conviction is seven years or older; and, The conviction is not substantially related to the …
5 things to look for in a slip and fall doctor are: whether he or she will provide treatment on a medical lien, whether the doctor is in your insurance network, the doctor’s experience treating injuries that will lead to a lawsuit, the doctor’s experience with workers’ comp cases, if you slipped and fell on …
With so many telemarketers ignoring the Federal Trade Commission’s National Do Not Call Registry, many people have begun taking matters into their own hands. Techniques we have seen touted on the internet include: Deliberately wasting the telemarketer’s time, Cussing, Blowing a whistle or air horn into the phone, Threatening the telemarketer, and Talking dirty to …
If you or someone you know in California is a “hoarder,” criminal charges can be added to the pile of problems created by this challenging mental illness. The Mayo Clinic defines “hoarding disorder” as: “a persistent difficulty discarding or parting with possessions because of a perceived need to save them. A person with hoarding disorder …
Chewing tobacco has little if any effect on a person’s actual blood alcohol level. Amazingly enough, however, chewing tobacco can lead to falsely high BAC results on a DUI breath test—and thus to unfair charges of DUI. This is because of the phenomenon known as “mouth alcohol.” DUI breath tests are supposed to only measure the …
On January 1, 2018, the state of California legalized the use of recreational marijuana by adults age 21 and over. Medical marijuana also remains legal and may be used by people under age 21 with a doctor’s recommendation (and consent of a parent if the patient is under 18). But marijuana remains an illegal Schedule …
It may surprise you that a landlord can sue a tenant who brings bedbugs onto the landlord’s property in California. This applies to both residential and commercial tenants. Under California law, tenants have a legal duty to keep the premises they rent clean and sanitary. Breaching this duty is considered negligence. But even if the …
California Assembly Bill 1584 states that if law enforcement personnel wish to collect a DNA sample from a minor, they must first get the permission of both the minor and his/her parent(s). The California governor signed AB 1584 into law in September 2018; and, it imposes several other rules on the collection of a minor’s …
Assembly Bill 2952 was signed into law by Gov. Brown in September 2018. According to the bill, prosecutors can access California juvenile records that get sealed after a minor successfully completes informal probation. This is provided, though, that the prosecutor: gains the approval of the court to access such records; and, only accesses the records …
Misdemeanor probation, sometimes referred to as “summary” or “informal” probation, is an alternative to jail. It allows low-risk offenders to serve most or all of their sentence under court supervision instead of behind bars. Summary probation typically lasts for one year in California. During that time, the defendant must comply with certain conditions, such as: …
You can sue the salon for a tanning bed burn if the negligence of the salon or its employees caused your injuries. This can happen if, for example, the tanning bed was not properly maintained or if an employee forgot to end your tanning session. These burn injuries can be serious. If you did not …
