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Month: December 2020 Archives

What Does California’s Implied Consent Law Mean?

According to California law, every person who is lawfully arrested for driving under the influence (DUI) must submit a breath test to determine their blood alcohol concentration (BAC). For an arrest to be lawful, an officer must have probable cause to believe that you were committing a DUI. If a driver refuses, they may face serious consequences. If you think you were arrested unlawfully or you refused to take a test to determine your BAC, it’s vital to seek legal representation immediately. What Is California’s Implied Consent Law? California’s implied consent law makes it mandatory for any driver in the state, regardless of whether they have a California driver’s license, to provide evidence to determine their BAC. The law also…


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California Voters Reject Measure to Abolish Cash Bail

Over the past few years, California lawmakers have tried to move past their tough-on-crime history. Voters and lawmakers have spent decades supporting strict criminal penalties and lengthy prison sentences. More recently, however, there has been a push to shrink the number of people incarcerated, ease punishments for those convicted of property and drug crimes, and expand parole. On the November 2020 ballot was California Proposition 25, which, if passed, would uphold 2018 Senate Bill 10, changing the cash bail system to a risk management system. However, the measure was rejected. Regardless, state prosecutors will aggressively pursue charges against you, because their goal is to gain a conviction. If you’re accused of a crime in California, you need an aggressive criminal…


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Preparing for Your Probation Violation Hearing in California

In California, individuals convicted of misdemeanor or felony offenses may sometimes be sentenced to probation instead of serving time in a jail or prison. Probation is generally viewed as a preferable alternative to incarceration, and may be considered for low-risk or first-time offenders. Under California Penal Code section 1203.3, “(a) The court has the authority at any time during the term of probation to revoke, modify, or change its order of suspension of imposition or execution of sentence. The court may at any time when the ends of justice will be subserved thereby, and when the good conduct and reform of the person so held on probation shall warrant it, terminate the period of probation, and discharge the person held.”…


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Do Domestic Violence Offenses Spike During the Holidays?

The holidays can be overwhelming. From buying presents for everyone on your list to planning out the perfect holiday dinner, the stress can get to the best of us. Several factors can contribute to domestic violence incidents over the holidays, including financial stress, increased alcohol use, and unrealistic expectations. Due to COVID-19, this holiday season may cause more stress than past seasons. If you’re being accused of domestic violence, it may be in your best interest to immediately contact a California domestic violence attorney. Looking at the Number of Domestic Violence Cases During the Holidays There’s a long-running narrative that domestic violence cases increase during the holiday season. Every December, it’s common to see stories on the news or in…


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