Yes. Please also remember that the consequences for a commercial DUI in Nevada are often harsh. 1. What happens to a person’s commercial driver’s license after a DUI? A first-time DUI by a commercial driver in Nevada carries a one-year-long suspension of his/her commercial driver’s license (CDL). However, the suspension is increased to three years …
We all know it’s rape to use physical force or threats to make someone submit to having intercourse. Most of us are also pretty well aware that having sex with an unconscious person, such as someone who is passed-out drunk, also constitutes rape under California law. But what about having sex with an incompetent person? …
Under California self-defense laws, you generally have the right to “stand your ground” and defend yourself and others without retreating. No state law statute authorizes this right that there is no duty to retreat. Instead, case law and jury instructions recognize the right of a person to use force in self-defense without first trying to escape or run …
Normally, shoplifting merchandise valued at $950 or less is treated as a simple misdemeanor under California Penal Code 459.5 PC. The crime is punishable by custody in county jail for up to six months. But police and prosecutors will often try to hit shoplifters with the more severe charge of burglary under Penal Code 459 …
We all know the police generally must get a search warrant before they can search someone’s home and seize property. But do law enforcement personnel have to obtain a court order for a wiretap? If so, when is an order granted? 1. When can the police obtain a search warrant? In general, police can obtain …
If you are convicted of any DUI-related offense in California, a judge can order you to install an Interlock Ignition Device (IID) onto your vehicle. But exceptions do apply. Note that IID’s are essentially mini-breathalyzer instruments installed onto your vehicle that prevent your car from operating unless you successfully provide an alcohol-free breath sample. 1. …
One of the most common questions DUI clients ask me is, “What if they didn’t read me my rights?” Unfortunately, police are generally not required to read Miranda rights at a roadside DUI investigation. This is why it is so important for people under arrest for DUI to invoke their right to remain silent. 1. Is lying …
For various reasons, a defendant may plead guilty or no contest to a DUI charge. If the defendant later decides that a plea was not in his/her best interest, the accused must file a motion to withdraw the plea to enter a new one. 1. When can a defendant withdraw a plea in a California …
Oftentimes a child’s parents who are not married either share custody of their child(ren) or one parent gains custody and the other is granted a right to scheduled visits. If you are the parent who has custody the majority of the time, and you interfere with the other parent’s visitation rights, you not only jeopardize …
California relies on a blanket assumption that children under 14 are legally incapable of committing crimes. This means that even if they physically commit a crime, it will most likely not qualify as such because children this young don’t have the maturity or mental capacity to understand the wrongfulness of their actions. If, however, a …
One of the basic California DUI probation terms that gets imposed in connection with a DUI sentence is that the defendant not drive with any measurable amount of alcohol in his/her system. A person that violates this term may be found in violation of his/her probation and may have to serve a county jail sentence. …
California heroin law prohibits a variety of heroin-related offenses. Two of these that may cause some confusion include California’s law against being under the influence of heroin and driving under the influence of heroin. 1. How does California law define “under the influence of heroin”? According to California law, Health and Safety Code 11550, you …
When you are arrested for a DUI, you choose a breath test or blood test, and these tests are to be administered to you at no cost. However, many California hospitals are sending bills in the neighborhood of $300 to those persons that were arrested for DUI and elected the blood test. 1. Who has to …
The California appellate process is somewhat limited and deals with specific legal issues. You can generally appeal your DUI case provided that it involves one of these “appeal-worthy” issues. It is important to understand the California appellate process to ensure an issue warrants an appeal. 1. When can a person appeal a DUI? Before you …
Suppose you wish to appeal your California state conviction. In that case, you file your appeal in either the Appellate Division of the Superior Court or the California Court of Appeal and then, if necessary, with the Supreme Court of California. However, if you wish to appeal your California federal conviction, you would file a California …
The courts have generally upheld California’s Three Strikes Law as constitutional. However, there are times when its application constitutes “cruel and unusual” punishment which is unconstitutional. Fortunately, when this is the case, the law provides a remedy. The remedy is to appeal a California “three strikes” sentence. What is California’s three-strikes law? California’s “three strikes” …
Persons detained by the police for suspected criminal activity should never give a statement. Whether you are being detained for a simple traffic violation or for a serious crime, do not make a statement. You should always invoke your right to remain silent. 1. Do the police always have to read people their Miranda rights? …
Penal Code 530.5 is the California statute on identity theft. While the law criminalizes various acts, people should know that using another person’s ID card is a separate offense. The offense is prohibited under Penal Code 13004. 1. How does California law define “identity theft”? California Penal Code 530.5 PC makes it a crime to …
People who get pulled over on suspicions of driving under the influence have the right to remain silent. This right means you do not have to answer an officer’s questions. If you do, however, make sure you tell the truth. A lie can expose you to further criminal charges. 1. What are some common scenarios …
Because a “no contest” plea under California DUI law is essentially the same as a guilty plea, you may not give much thought to which plea to enter if you are about to be convicted of misdemeanor driving under the influence. But if your DUI involved any other cars, passengers, pedestrians, or property, which plea …
While most California DUI cases resolve before trial, some proceed to a jury trial (as opposed to a court, judge, or “bench” trial). And because DUI trials are among the most common types of California misdemeanor trials, there are definitely some routine practices that you can expect to see. 1. What are some routine practices …
A criminal conviction in California can result in several penalties. For example, an offender may receive a county jail or prison term and may even have to pay substantial fines. But what happens if the offender holds a professional license? The license may actually be included in penalties as well. 1. How does a criminal …
Obviously, suffering a California drunk driving conviction is never a good thing. You face substantial fines, participation in alcohol and/or drug education classes, car insurance repercussions, and, depending on the severity of the offense, sometimes even a county jail or prison sentence. But is there a worry about losing a professional license? 1. How does …
These three California offenses are very closely related, and commonly confused. This is because each one shares “elements” with the other. Let me explain. 1. How does California law define “robbery”? Penal Code 211 PC, California’s robbery law, punishes the act of taking someone else’s property from that person’s “immediate presence” when accomplished by force …
California criminal law recognizes two similar forms of assault. These are assault with a deadly weapon (under Penal Code 245a1) and assault with a firearm (under Penal Code 245a2). Let’s take a look at the difference between the two offenses. 1. How does California law define “assault with a deadly weapon”? Penal Code 245a1 PC defines …
