Is post-accident alcohol consumption a valid DUI defense?
Is post-accident alcohol consumption a valid DUI defense?
Post-Accident Alcohol Consumption is a common DUI defense argument applicable in certain DUI fact pattern scenarios. The availability and effectiveness of this defense will rest upon the surrounding facts and circumstances, specifically, the availability of alcohol from the time of the accident and/or crash to the time that police made contact with the driver. It is extremely important to develop a drinking history timeline. A credible drinking pattern is used…
Read MoreWhat are the different types of Elder Abuse in California?
Elder Abuse in California can be any of the following circumstances: 1. Physical Abuse-Causing pain or injury on a senior victim-usually 65 years and older; 2. Emotional abuse-typically mental suffering by being neglected, left alone or being left isolated and ridiculed verbally/emotionally; 3. Neglect and endangerment-willfully placing the senior victim at risk of his health and safety and endangering their well being; and, 4. Financial defrauding a senior victim is…
Read MoreHow Can I Get My Name Removed From The Megan’s Law Website?
The California Department of Justice operates a sex offender database pursuant to its sex offender tracking program. The Department of Justice makes information about registered sex offenders available to the public through their Megan’s Law website. This website can include information about sex offenders including name, date of birth, height, weight, ethnicity, the crime or crimes they were convicted of and their full home address. This obviously can have a…
Read MoreMy name is on Megan’s Law Website? How do I get it removed?
Sex Offender Registration If you are a registered sex offender in California and your name and/or photo is on the Megan’s Law Website in California, you may be eligible for Exclusion from Internet Disclosure which would remove you from the website completely. Certain sex crimes and certain factual situations can give rise to exclusion and removal of your name from the website. It would require you retain an experienced criminal…
Read MoreCan criminal charges be refiled if the judge dismisses them?
It depends upon the nature of the charges. If the judge dismisses felony charges at the conclusion of the preliminary hearing, the District Attorney can file the charges one more time and attempt to convince another judge there is enough evidence to have you stand trial. If the judge dismisses misdemeanor charges then they normally cannot be refilled by the district attorney at a later date. However, there are some…
Read MoreHow Can An Elder Abuse Attorney Help Me Win My Case? – PC 368
If you have been charged with elder abuse, it is imperative that you contact an attorney if you are going to successfully raise a defense. Depending on the facts of your case, a criminal defense attorney may be able to get your charges lowered or even get your case dismissed. You won’t know unless you call an attorney. You need to call an attorney who is knowledgeable about elder abuse…
Read MoreHow long is someone listed on CACI? Is it a lifetime listing?
In most CACI cases, you are placed on CACI for a period of ten years. However, for serious sexual abuse allegations that are substantiated you can be placed on CACI for life.
Read MoreCan I get probation for petty theft? (Penal Code Section 484)?
YES. In California you are facing a possible jail sentence if you are convicted of petty theft. In addition, petty theft is a crime of “moral turpitude” for immigration purposes. If you are convicted of petty theft this can greatly impact your ability to find employment. You should immediately contact our criminal defense law firm so we can help you find a way to receive an alternative sentence that may…
Read MoreIs it possible to be charged with a DUI for smoking marijuana?
Yes, you can get a DUI for smoking marijuana. Driving under the influence of a controlled substance is typically punishable as a misdemeanor. It is usually difficult for the prosecution to prove that you were under the influence of a controlled substance, since a breathalyzer test will not detect if you are under the influence of drugs. Therefore, it is near impossible for a prosecutor to determine how much drugs…
Read MoreI Am Being Charged With Embezzlement. Should I Hire An Attorney?
You should without a question hire an attorney if you are charged with the serious crime of embezzlement. Embezzlement, put simply, is the theft of something that you have legal control over, or that you are “entrusted” with. Embezzlement is most frequently seen in connection with employment situations. Because of the stigma that a California embezzlement charge carries, it is certainly a charge worth fighting. False accusations, misleading evidence, or…
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