California Blog

How Low-Carb / High-Protein Diets Can “Trick” a DUI Breath Test

Posted on June 11, 2020 | Category: DUI

Some medical and physiological conditions can cause DUI breath tests to produce falsely high results. Such conditions include: diabetes (a common DUI defense) ketosis hypoglycemia, fasting, and high-protein / low-carbohydrate diets (such as the Atkins and Paleo diets). These conditions involve insufficient carbohydrate intake for energy, or — in the case of diabetes — insufficient insulin to keep blood …

Informants Must Pass Reliability Tests

Posted on June 10, 2020 | Category: Laws

Police informants in California provide the authorities with information that leads to search warrants, wiretaps, surveillance and the solving of crimes. The types of informants can range from random citizens who are aware of criminal activity…to agents of the police who infiltrate criminal organizations and report on their activities. No doubt informants are a very …

DUI Probation Violations

Posted on June 10, 2020 | Category: DUI

When people plead guilty to a California DUI charge, they usually get placed on probation. The court imposes certain “terms and conditions of probation.” Violating these terms and conditions may result in a bench warrant for one’s arrest, a probation violation, and possible jail time. The terms of probation consist of affirmative duties and prohibitions. …

What is the Average Jail Sentence for DUI Manslaughter in California?

Posted on June 2, 2020 | Category: DUI

DUI manslaughter potentially carries 1 to 10 years. If you accidentally kill someone while you are DUI in California, you are probably bracing yourself for serious criminal charges and a long jail sentence. But in fact California laws on “vehicular manslaughter while intoxicated” (DUI manslaughter) provide for a wide range of potential sentences depending on …

False Imprisonment vs. Kidnapping

Posted on April 3, 2020 | Category: Kidnapping

Penal Code 236 PC California’s false imprisonment law and Penal Code 207 PC California’s kidnapping law are frequently confused and commonly misunderstood. Many people believe that Penal Code 236 PC California’s false imprisonment law necessarily involves incarceration in a jail or prison. Although false imprisonment may involve such circumstances, it generally doesn’t. Simply put, false …

Can a permanent resident be deported for a misdemeanor?

Posted on April 3, 2020 | Category: Misdemeanor

Permanent residents can be deported for certain misdemeanors. These include: crimes involving moral turpitude, drug crimes, firearms offenses, failing to register as a sex offender, violating a restraining order, domestic violence offenses, and child abuse crimes. These offenses make non-citizens deportable. This includes permanent residents. All non-citizens are deportable for certain crimes. What are deportable …

How to beat a solicitation charge – 3 legal strategies

Posted on March 27, 2020 | Category: Criminal Defense

There are 3 common strategies for how to beat a solicitation charge. These include asserting that the police engaged in illegal entrapment, showing the evidence to be insufficient to support a conviction, and attacking the arresting officers’ credibility. Each of these strategies can undermine the prosecutor’s case. It can prevent them from proving the charge beyond a …

Statute of Limitations for Statutory Rape

Posted on March 23, 2020 | Category: Criminal Defense

The statute of limitations for statutory rape in California is either 1 year or 3 years. If the charge is a misdemeanor, it has to be filed within 1 year. If it is a felony, it has to be filed within 3 years. If it is not filed within this timeframe, the charge can be …

Statute of Limitations for PAGA Claims

Posted on March 22, 2020 | Category: Laws

The statute of limitations for PAGA claims is 1 year. The Private Attorney General Act lets California workers file lawsuits against their employer for violating labor laws. To do so, the workers have to follow pre-filing requirements. This all has to be done before the statute of limitations has expired. If the statute of limitations …

What felonies cannot be expunged?

Posted on March 22, 2020 | Category: Felony

Many felonies cannot be expunged. Each state has its own rules. Some states will not expunge any felonies. Others will expunge most of the offenses. Some felonies are almost never eligible for expungement. These include murder, serious violent crimes, and sex crimes involving children. In many cases, there is a waiting period to expunge a …

Is there a ink between hernia mesh and heart problems?

Posted on March 19, 2020 | Category: Hernia Mesh Lawsuit

There may be a link between hernia mesh implants and heart problems. Doctors have found that some people suffer heart conditions after an implant. While they seem to be rare, these heart conditions can be life-threatening. Worse, they can be difficult for doctors to diagnose. There may be a link between hernia mesh implants and …

How to Register an Unregistered Gun in California

Posted on March 19, 2020 | Category: Gun Laws

You can register an unregistered gun in California by completing and submitting a Firearm Ownership Report (FOR) Application. This voluntarily declares that you are the owner of the firearm. However, this form cannot be used to register an assault weapon. A FOR Application is not required for most firearms. They will have been registered by …

Can you sue someone for giving you herpes?

Posted on March 18, 2020 | Category: Personal Injury

You can sue someone for giving you herpes. The legal mechanism for this is a personal injury lawsuit. If the transmission came from nonconsensual sex, it can be a civil battery. It can be a negligence claim if the infected person lied about having an STD or should have known about the infection but did not use …

What’s the difference between aiding and abetting?

Posted on March 17, 2020 | Category: Criminal Defense

Anyone who intentionally helps someone else commit a crime is aiding them. Aiding and abetting are similar legal concepts but have slightly different meanings. Aiding a crime means helping someone else commit a crime. Abetting means to encourage or incite a criminal act, but does not necessarily entail helping or facilitating its execution. Both aiding and abetting are …

Is DUI a Crime of Moral Turpitude?

Posted on March 17, 2020 | Category: DUI

The presence of certain aggravating factors will turn a DUI into a crime of moral turpitude. A DUI can be a crime of moral turpitude (CIMT) if there were aggravating factors. It can also be a CIMT if drugs were involved. If it is a CIMT and the offender is not a U.S. citizen, that person’s immigration status can …

Is Battery a Crime of Moral Turpitude?

Posted on March 16, 2020 | Category: Criminal Defense

Battery can be a crime of moral turpitude, but only if the injuries it causes are significant. Battery can be a crime of moral turpitude (CIMT) if it causes significant injuries. This can trigger extra collateral consequences of a conviction. If you are not a U.S. citizen, you may be deported. However, many batteries do …

Where do people arrested by CHP get taken?

Posted on March 12, 2020 | Category: Criminal Defense

People arrested by CHP are taken to local county jails, city jails, police department jails or holding facilities. Aside from the CHP Lockup facility in Sacramento, the CHP does not operate its own system of jails. If arrestees are not released on bail or their own recognizance, they are held in these facilities until their arraignment. They can …

The Difference Between Lost Wages and Loss of Earning Capacity

Posted on March 11, 2020 | Category: Personal Injury

Injuries can result in lost income and loss of earning capacity Loss of earning capacity covers future economic loss, while loss of wages covers what has been lost already. Lost income is easier to calculate because it looks backwards. Loss of earning capacity can be more difficult because it requires a an estimate of what the …

How a DUI can impact your student loans

Posted on March 9, 2020 | Category: DUI

A DUI can only preclude you from getting federal student loans if drugs were found or if you are currently incarcerated. This could also cause a person to lose existing loans already granted. You may be ineligible to apply for federal aid for up to 2 years. In addition to federal funding, a DUI conviction can …

How to check the status of your California drivers license

Posted on March 9, 2020 | Category: Drivers License

Was your license suspended? Here are some tips to find out… There are 3 ways to check the status of your California driver’s and whether it is valid or suspended: online on the DMV website, in person at a DMV office, and by mailing an INF 1125 form to the DMV headquarters. Each method has …

20 Legal Defenses for Fighting California DUI Charges

Posted on March 7, 2020 | Category: DUI

There is no such thing as a hopeless California driving under the influence (DUI) case. No matter what the allegations against you are, there will always be a promising DUI defense strategy that you can try. The prosecution may allege that you drove with a blood alcohol concentration (BAC) of 0.20% (well over the legal …

Do I need an ignition interlock device if I don’t own a car?

Posted on March 4, 2020 | Category: DUI

No Car? Request an IID exemption. If the court ordered you to install an ignition interlock device (IID), but you do not have a car, you can request an exemption. By filing a declaration of non-ownership form, you ask the court to waive the IID requirement. Declarations of non-ownership have strict requirements. If any one of …

Five Common Examples of Aiding and Abetting a Crime

Posted on March 4, 2020 | Category: Criminal Defense

Acting as a get-away driver is one example of aiding and abetting a crime Five common examples of aiding and abetting a crime are: encouraging someone else to commit a crime, providing information or equipment, knowing that it would be used in the commission of a crime, assisting with the commission of the crime, acting as …

6 Alternatives to Jail in a DUI Case

Posted on March 3, 2020 | Category: DUI

Sentencing alternatives can help defendants avoid jail time. There are six common sentencing alternatives to jail for driving under the influence (DUI). They are: drug or alcohol treatment or rehab, Mothers Against Drunk Driving (MADD) Victim Impact Program, community service, electronic monitoring with a SCRAM device, sober living, and DUI school. Each of these alternative …

5 Prescription Drugs that Commonly Lead to DUI Charges

Posted on February 27, 2020 | Category: DUI

DUI charges can stem from any drug that impairs the ability to operate a vehicle safely. There are five prescription drugs in particular that commonly lead to DUI charges: Adderall, Xanax, Ambien, Vicodin, and Clarinex. Each of these can cause a motorist to be under the influence. None of these drugs cause any alcohol to enter the bloodstream. …