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San Diego County Criminal Defense Legal Blog

Could I Be Electronically Monitored Instead of Jailed in California?

As of July 2020, there are almost 100,000 people incarcerated in California. With overcrowded jails and prisons on top of the rising cost to incarcerate criminals, it’s no surprise that criminal courts are looking for creative ways to sentence convicted criminals. A common alternative to jail time is electronic monitoring through ankle devices. To better understand this type of sentencing and how to obtain it, you should seek competent legal counsel. Attorney Dod with Dod Law can answer your questions about the possibility of avoiding incarceration through electronic monitoring. How Does Electronic Monitoring Work? Electronic monitoring is a form of surveillance of a specific person. Courts use it as intensive supervision that verifies offenders are at a designated location during…


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5 Things Out-of-State Drivers Should Know about a California DUI

According to Business Insider, California gets the most tourists of any state in the US. From its beaches to theme parks, wineries, and famous icons, millions of people flock to the state every year. If you’re visiting the Golden State, be wary of how many drinks you have before getting behind the wheel. Drunk driving arrests are very common in California. Driving under the influence (DUI) charges are hard enough to deal with it, and they become even more complicated if you have an out-of-state driver’s license. If you’re from out of state and received a DUI, you should immediately contact a California DUI attorney. Attorney Dod of Dod Law will be able to help you understand your legal rights…


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Can a DUI be Expunged in California?

Being charged with driving under the influence (DUI) can have long-lasting effects on your life. You may face time in jail, have to pay large fines, or lose your driving privileges. Despite common belief, a California DUI charge does not drop off your criminal record over time. It will stay on your record for life unless you take the steps needed to expunge the conviction. Expunging a DUI is a lengthy and challenging process for anyone to go through alone. To better understand the process, reach out to a skilled California DUI attorney. Attorney Dod with Dod Law will be able to handle court matters and answer any legal questions you may have. What Does Expunging a DUI Entail? DUI…


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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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What Are the Signs that a Relationship Might Become Violent?

Domestic violence remains a rampant problem in the U.S. Though most people in romantic relationships will not experience violence, enduring violence from a partner is a painful reality for one in four women and one in seven men. This violence does not just affect the victim; society as a whole suffers when individuals are not permitted to live free and safe lives. In fact, from 2003–2012, domestic violence accounted for “21% of all violent victimizations” in the country—a significant portion of crime for which police resources are needed. Some people who have never experienced domestic violence may not understand the complexities of an abusive relationship. Some might wonder why victims get involved with their abusers in the first place. When…


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What Happens If I Fail to Register as a Sex Offender in California?

As a convicted sex offender, you may face more serious consequences after serving your sentence than had you been convicted of most other crimes. Society ostracizes sex offenders without even knowing what crimes they committed. Part of this is because many sex offenders must register as such by law. Being on the sex offender registry can make it extremely challenging to move on from a mistake for which you’ve paid your dues. In California, the actions that constitute a sex crime vary drastically. There are dozens of sex crime charges you may face, and many of these require sex offender registration upon a conviction. If you face charges for a sex crime in San Diego, Attorney Dod of Dod Law…


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What Are the Consequences of Violating the Terms of Probation?

A defendant who is convicted of a crime may ultimately be grateful to avoid a jail or prison sentence by being placed on probation instead. Judges may grant probation during sentencing, but probation may also be agreed to as part of a plea bargain between prosecutors and defense attorneys when the case has a slim chance of returning a desirable verdict for the defense. Probation is an alternative sentence in which defendants must follow a strict set of rules during the probation period to ensure that they avoid reoffending and complete other terms mandated by the court. It’s a way to keep defendants integrated into society and outside of overcrowded jails and prisons. Defendants who are least likely to reoffend…


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