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Subscribe to this list via RSS Blog posts tagged in San Jose criminal defense lawyer

Posted on in DUI

California DUI attorney, California defense lawyerIt is no secret what teens do when they go off to college: they study and socialize. Socialization frequently leads to alcohol consumption, often perceived as a necessary part of the integration period. Many college students are over the age of 21, which is the legal drinking age. However, there are many more within the 17 to 21-year-old age bracket, and if these students are consuming alcohol on a regular basis, trouble may be imminent. However, regardless of age, a DUI conviction has the potential to wreak havoc on educational opportunities.

San Jose Colleges and Universities

Were you aware that San Jose is home to 63 colleges and universities? Of course, you have heard of the larger options, but there are a significant amount of smaller establishments geared toward higher learning. Students go to learn and socialize - sometimes too much socializing. In one study, approximately 56 percent of students admitted to drinking within the last month. Researchers believe that alcohol is to blame for some of the trouble within the college-aged community, which is why many of these educational facilities have policies in place to reduce inebriation. A few statistics include:

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Posted on in DUI

California DUI attorney, California defense lawyerThe blitz of public service ads (PSA) developed by the Ad Council and the National Highway Traffic Safety Administration (NHTSA) emphasizing that buzzed driving is drunk driving flooded the airwaves throughout this past holiday season. Statistically, the need for increasing the awareness of this epidemic is strengthened as every day 28 people in the United States die due to an alcohol-related vehicle crash. Driving while under the influence (DUI) not only takes away a life too soon but the related damages contribute to a cost of $52 billion per year.

The series of hard-hitting PSA’s ran in conjunction with the holiday season beginning on December 26 through December 31. It was a timely effort since social drinking is heightened throughout the holiday season. The markets the PSA’s were distributed heavily was strategic by focusing on the ten states that could benefit most from the message due to the high rate of alcohol-impaired driving and DUI fatalities:

  • California,
  • Florida,
  • Georgia,
  • Illinois,
  • New York,
  • North Carolina,
  • Ohio,
  • Pennsylvania,
  • South Carolina, and
  • Texas.

This campaign, better known as the “Project Roadblock” initiative marks its 13th year in production as local broadcast stations donate airtime to relay the message of the dangers of driving while under the influence even at low-level alcohol consumption.

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San Jose criminal defense attorneyFor those who may be unfamiliar, there are currently 26 states, including California, that have adopted the Three Strikes and You Are Out law. California first adopted this sentencing provision in 1994 as an effort to reduce the number of felony convictions per person by imposing significant sentencing consequences for each felony conviction up to three.

On November 6, 2012, some 18 years later, California proposed an amendment to the law which became known as Proposition 36 to California voters. The proposition was passed and amended the original legislation in two ways:

  • Requirements for sentencing of a third strike offender was now set to 25 years to life if the offender was convicted of a violent felony with two or more previous strikes; and
  • The allowance of those offenders already serving a third strike sentence to petition the court for a reduction of this sentence down to a second strike eligibility.

As violent crime is on the rise across the United States one may believe that the Three Strikes and You Are Out law is necessary but the American Civil Liberties Union (ACLU) remains in disagreement.

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Posted on in DUI

San Jose criminal defense attorneyIf you have been charged with or arrested for driving under the influence (DUI) in California, you are likely aware of the long road ahead to have all of your driving privileges reinstated so that you can move forward with your everyday life and routines. Fortunately, with the help of a qualified lawyer, you can navigate the process more easily.

License Suspensions

Under California state law, an officer is required to immediately forward a completed license suspension notice to all relevant agencies when a person is arrested for DUI, including to the Department of Motor Vehicles. The DMV will immediately conduct a review of the suspension, including a review of any blood or chemical test results and an examination of the revocation order. If the review proves that the arresting officer followed all necessary protocol—and that the person was, in fact, driving under the influence of alcohol or drugs—the agency will approve the suspension. Once the charge passes this review, a person will be required to appear in court before a judge if he or she is interested contesting the suspension or revocation of his or her license.

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domestic violence, spousal battery, San Jose domestic violence lawyerWhen you have been accused of or charged with domestic violence, it is critical that you understand the charges so you can combat them effectively. There are several different types of domestic abuse, ranging from relatively low severity to extremely violent. In some cases, a person may be charged with domestic abuse without ever physically hurting someone—sometimes cases of harassment, alienation, or forbidding a domestic partner, spouse, or family member to live an independent life can be cause for charges of domestic abuse as well. The most common type of domestic violence charge—at least in common understanding of the crime—is criminal spousal abuse. In fact, however, there are two main types of criminal spousal abuse. One is corporal injury to a spouse, and the other is spousal battery.

Spousal Battery

Spousal battery is the lesser charge of the two, and usually results in a misdemeanor case. Note that this may also be considered domestic battery; the simple difference is the marital status of the couple involved. While this is frequently a misdemeanor charge, it can result in jail time, the length of which depends on the severity of the injuries sustained by the battered spouse or domestic partner. A misdemeanor battery charge usually results in a 30-day jail sentence, though this is merely standard by practice, not in law. If you have never faced such a charge before, your sentence will likely be less. In some instances, you may even only be sentenced to serve probation.

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Posted on in California Laws

transgender hate crime, San Jose criminal defense lawyerTransgender equality laws have been in the news lately, headlines by the bombshell story that North Carolina’s governor recently signed a law limiting the use of public bathrooms by transgendered people. The issue of transgender rights has long been one for debate, and the debate has not slowed as transgendered people and rights issues continue to be more widely accepted in society.

History of Transgender Rights in California

California was one of the first states to include transgendered people in their civil rights laws—the first law amending that state’s hate crime statutes to include specific mention of rights violations against transgendered people dates back to 1998. The 1998 California law also extended to transsexual people, and was widely considered broad enough to include any person who is assaulted or harassed for failing to conform to gender norms, including but not limited to: the way an individual dresses, the way an individual looks, and the way an individual speaks. At the time, California was only the third state to pass such a law, after Minnesota and New Hampshire.

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