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September

29

How to Get Your License Back if You Got a DUI in California and Live Out of State

Criminal Defense

Many of my client's are baffled by the complexities of the impact a DUI conviction can have on their out-of-state license. This article discusses the specifics regarding obtaining a DMV waiver of the DUI program requirement when you live in another State and can't complete the in state DUI program.

September

14

Mental Health Diversion Available Before Sentencing or Start of the Trial?

Criminal Defense

Mental health diversion is a pretrial program in California that diverts individuals from the criminal justice system into mental health treatment in lieu of facing a criminal trial or conviction. This is an alternative, created for individuals where mental health played a significant part in their alleged crime. However, is it available after the entry of a guilty/no contest plea or the commencement of trial?

July

30

New California Immigration Law PC 1473.7 Extended to Trial Convictions

Criminal Defense

New California law AB 1259 which extends PC 1473.3 to trial convictions, was effective as of January 1, 2022. This expands access to post-conviction relief. PC 1473.3 allows people who were convicted by plea bargain to request that the court vacate their conviction if they were not informed of the immigration consequences of their conviction. AB 1259 extends PC 1473.3 to additional defendants, including those convicted by jury trial.

June

29

California's New Law on Court Video Appearances in Criminal Cases AB-199

Criminal Defense

California enacted a new law effective July 1, 2022. This law addresses court video appearances in criminal matters AB 199. This bill extends the courts’ ability to allow defendants and witnesses in criminal proceedings to appear remotely under certain circumstances. AB 199 still requires the defendant’s consent, and the court still maintains the discretion to require the physical presence of any defendant or witness in a criminal proceeding.

June

12

AB 333: Redefining California Gang Enhancement with Changes in Definitions and Prosecution Process

Criminal Defense

AB 333 makes changes to current law that will reduce gang enhancements, and can possibly reduce the sentences of current inmates with gang enhancements. Amending Section 186.22 and adding Section 1109 to the Penal Code relating to criminal gangs, AB 333 makes several important changes to the law. Read more...

April

29

New Misdemeanor Diversion Law Doesn't Apply to California DUI's

Criminal Defense

New misdemeanor diversion law doesn't apply to California DUI's, it is found after confusion. Prosecutors argued instead that an existing state Vehicle Code provision forbids diversion for driving under the influence of alcohol or drugs. Regardless if it’s a DUI or any charge, if you have been charged with a misdemeanor and think you may be eligible for Diversion, please contact us at once for a free consultation.

April

19

DUI Lawyer

Criminal Defense

DUI Lawyer

April

09

Probation Violations - AB 1228 Helps Widen Post-Release Freedoms with Own Recognizance Release

Criminal Defense

Many newly released prisoners stay out of prison only at the whim of judges and probation officers. Individuals can lose their freedom on a technicality. However, AB 1228, a newly-enacted law, makes it harder to revoke their freedoms and take them back to prison.

February

27

3 New Mitigating Factors in Plea Bargaining for Survivors of Violence

Criminal Defense

Have you been charged or convicted with a crime, but are a survivor of violence? You may be eligible for a plea bargain or resentencing, that considers your status as a victim of violence. This violence can be psychological, physical, or childhood trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence.

February

11

Have You Been Subjected to Misconduct from a Police Officer or Police Gang?

Criminal Defense

Being subjected to misconduct from a Police Officer or Police Gang? Bill AB 958 states that it will define law enforcement gangs and officers, require law enforcement agencies to have a policy prohibiting law enforcement gangs, and make participation grounds for termination. Read more to find out how we can help if you have been subjected to misconduct.

December

30

Arson Charges Are Particularly Serious in California

Criminal Defense

Accused Of Arson? Arson charges are dependent on the accused perpetrator's intent. Did you mean to start a fire, or was it an accident? Did you intend to burn down a garage or an entire neighborhood? Did you intend to hurt anyone?

November

29

What to Do When You're Arrested for a DUI

Criminal Defense

An arrest for a DUI is a frightening and confusing experience, and most people lack knowledge about how to handle the situation. Everything you do and say matters, so it's essential to know your rights and be cognizant of your behavior and statements to the authorities. Read more for things you should be aware of.

November

15

Is a Warrant Always Needed for an Arrest?

Criminal Defense

There may be times when you're not sure whether the police have arrested you in a lawful way. Don't the police always need a warrant to make an arrest? Can they arrest you without one? You may not be sure about the answer, and it might help you to know whether the police followed due process while arresting you.

September

29

How a DUI Lawyer Can Help with California’s Tough Penalties for a DUI

Criminal Defense

In the State of California, the penalties for a DUI conviction are tough. If you are caught driving with a blood alcohol concentration of 0.08 percent or above or driving under the influence of alcohol or drugs, or both, to the point that your driving is significantly affected, you can be convicted of a DUI charge. How can a DUI lawyer help with California’s tough penalties for a DUI?

September

13

When Do You Need to Hire a Fresno DUI Attorney?

Criminal Defense

It is illegal to drive under the influence, which means that all Fresno DUI charges go to criminal court. While individuals have the right to represent themselves in court, most defendants in these cases will either have a court-appointed public defender or hire a private attorney to represent them.

July

30

3 Ways in Which Your Attorney Can Present Your DUI Defense

Criminal Defense

There are many ways in which an attorney can present a DUI defense, depending on the circumstances under which the person was arrested. Of course, there are many factors which determine whether a person will be convicted of driving under the influence. There are various things which the arresting officer will note in their report, and these may be used to determine whether the person was driving under the influence of alcohol. Read More...

June

29

What Ways Can a DUI Affect Your Life?

Criminal Defense

A DUI conviction can have far-reaching consequences that will affect virtually every aspect of your life, from your finances to your employment and even your personal relationships. Some of these effects are short-term, but others are long-term and potentially permanent. Read more to find out what ways a DUI affect your life.

June

07

Facing a DUI? Is It an Infraction, Misdemeanor or Felony?

Criminal Defense

If you have been arrested and charged with a DUI (driving under the influence), you could be facing different charges. You may be looking at a misdemeanor or a felony. Because of that, you should be asking yourself which one you are facing. They each have their own consequences, so it is important to know exactly what you are being charged with.

April

29

The Benefits of Having Your Record Expunged

Criminal Defense

One of the most important actions you can take is clearing up a prior criminal conviction. I would file this under the category of a “no brainer.” Why would you want a charge to be lingering out there as an excuse for denying you a job, denying you a rental, denying you a mortgage application, etc. Expunging a prior conviction is a smart, useful, and financially sound decision. Investing in yourself is the best investment you can make.

April

18

Got Bail? California Supremes Change Bail Dynamic with Humphrey Decision

Criminal Defense

The California Supreme Court, last month, upheld the Court of Appeal Decision in In Re Kenneth Humphrey. This is a game changer for the bail system in California. Now the court can consider a defendant’s ability to pay the bail in deciding what the bail should be, or if alternatives to incarceration can be arranged.

April

04

Slashing Criminal Court Fees in California

Criminal Defense

Finally, defendants are getting some financial relief when it comes to the burden of onerous court fees. Starting July 1, 2021, administrative fees for criminal court proceedings will be no longer be charged in California. If you are a Fresno resident with questions about fees imposed in a criminal proceeding, contact us for more information on this new law.

February

27

Thousands of California Residents Accused of Unemployment Fraud During Current Crisis

Criminal Defense

Unemployment benefits skyrocketed as soon as the coronavirus made itself known. Many states, including California, are finding out that they gave out millions of dollars in benefits that they have now decided to revoke. Some authorities in California are saying that mass unemployment fraud has been committed.

February

21

New Extensive Expungement for California Inmate Firefighters

Criminal Defense

Those who have felony convictions know all too well just how life-altering that conviction can be. The negative impacts of a felony record are far-reaching. However, there is hope for some California felons to have convictions expunged. Thanks to a new law, AB 2147, inmates who put their lives on the line as part of the California prisoner wildfire fighter program are now eligible for a dramatic expungement that has a far-reaching impact.

February

07

How Do Competent Criminal Defense Lawyers Win your Case?

Criminal Defense

Are you facing criminal charges that could attract a hefty fine or imprisonment? A competent criminal lawyer can help to mitigate or negate the charges you are facing. Experienced Defense Lawyers understand that no criminal case is like another; they spot unique aspects of your case and use tactics to safeguard your rights and interests. Read more to find out how.

December

30

Get A Misdemeanor Charge Dismissed Through AB 3234- California's New Diversion Law

Criminal Defense

There's some good news for many Californians facing criminal misdemeanor charges. As of January 1, 2021, Assembly Bill 3234 is now an active law. A primary provision in this bill means California judges can now offer a pretrial diversion in a qualifying misdemeanor case even when the prosecuting attorney objects to the offering. This can be a great tool for experienced lawyers to help clients avoid criminal convictions.

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