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Recent blog posts

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Have you ever paid for a traffic ticket you thought you didn’t deserve? When it comes to tickets for traffic violations, often times the easiest and quickest solution is to bite your tongue and pay, no matter how fair the ticket actually is. Some Californians say they even plan for traffic tickets throughout the year and budget for them.  In the past, contesting a traffic violation might have first required that the tickets fines be paid before being heard. A recent emergency action passed by California court leaders aims to change that. This June, for the first time, many Californians will be able to dispute their traffic violations in court without being required to pay the fines beforehand.

Imagine being told that you had to serve time in prison before your case was ever heard in court. On a much smaller scale, that is essentially what was being told to millions of Californians looking to dispute their traffic violations in court. They would not be heard unless they paid first, thus denying their right to being “innocent until proven guilty.” Since 2006, almost 5 million Californians have had their licenses suspended due to unpaid violations. Ticket costs have risen dramatically in California over the past few years, adding to the problem. A ticket for running a red light can run upwards of $500. Not stopping at a stop sign can be $300 or more.  

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California recently joined states like Montana, New Jersey, Massachusetts, and Maine in establishing clear protection for personal information stored on laptops, tablets, and cellphones. In the past, information stored on a cellphone or other device could be searched by law enforcement without a warrant or wiretap order and used in criminal cases. Just this month, however, the California State Senate approved a bill that would place restrictions on access to digitally stored personal information, and would require in most cases that law enforcement obtain a search warrant prior to access.

Access to information stored digitally, including locational information, has been a complicated issue in the past for both California and the United States as a whole. The Supreme Court has yet to decide on the issue, leading to a mess of certain states that require warrants, and many that do not. California law enforcement, prior to this recent bill’s approval, was able to access any personal information, including sent and received text messages and emails. In the past, law enforcement officials would be required to obtain a search warrant for a person’s physical mail box, but not for their emails or text messages.

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San Jose drug crimes lawyer

Following states like Colorado and Oregon, California voters will get the chance to vote on likely more than one proposal on the 2016 ballot for legalization of recreational usage of marijuana.The state already has a large medical marijuana industry, but recent polls indicate that more and more of California voters are in favor of recreational marijuana legalization. Is legalization of recreational marijuana coming in 2016 for California residents?

California has long been on the forefront of marijuana decriminalization and legalization. It was the first state to approve the usage of marijuana as a medical treatment and has since paved the way for nearly half of the United States to create and implement their own medical marijuana laws. Los Angeles recently saw its first marijuana vending machine installed. Currently, low level possession, even outside of medical use, is decriminalized and handled more like a speeding ticket than a majorly punishable offense. Still, it is argued that marijuana, a substance potentially safer or at least comparable to alcohol and tobacco, should be legalized and regulated similarly.

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domestic violence

There are several types of domestic violence that continue to plague American society. Domestic violence is not only defined as violent action within a married couple, but it can refer to any violence perpetrated by a member of a household or person with whom one has an intimate relationship.

According to the California State Courts, domestic violence can include behavior such as:

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Failed a San Jose DUI Breathalyzer Test

As someone who recently failed a breathalyzer test for driving under the influence in San Jose, you are probably feeling ashamed, humiliated, and terrified about the potential legal consequences.

Even if you didn’t cause any damage or hurt anyone – and thus you cannot be subjected to punishments per California Vehicle Code section 23153(a) or 23153(b) – you no doubt fear going to jail, having your license stripped, and paying potentially thousands of dollars in fines and fees (and that’s the tip of the iceberg).

On the other hand, you may be prematurely judging yourself as “guilty.”

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Tagged in: Alcohol DUI
Arrested for DUI – What Should I Do Next?

You’ve just been arrested for DUI. Now the question is—“What should I do next?” The most important action to take after being arrested for a DUI is to seek out an attorney who extensively works on DUI cases. Time is of the essence because you only have 10 days to set a DMV hearing. Otherwise you will automatically lose your license. By setting the hearing you will get a stay of suspension of your license—which means you will keep your license at least until the DMV makes a decision on the hearing.

The DMV hearing should always be handled by an attorney. People often ask me if they can handle the hearing. The analogy I give is the question, “If you had an electrical problem in your house would you re-wire your own house?” You need a professional who knows what he or she is doing, and has handled such hearings many times! Many people think that if they blew or gave blood and the result is over .08 then why get an attorney? I always hear “I’m already screwed.” Not true. DMV hearings are won on defects and mistakes in the officer’s report or procedure.

Here are some examples:

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Tagged in: Alcohol DUI
Domestic Violence – A General Overview

A criminal arrest for domestic violence is an extremely serious matter and can have long term impacts on your career, finances, and living situation. It is important that you understand the charges against you and their consequences. It is just as important that you find an attorney that can effectively defend you and your interests.

Domestic Violence Arrest

The first thing that generally happens in a domestic violence situation is that someone calls 911. It might be the alleged victim, it might be a neighbor, it might even be the accused individual. The important point here is that the decision to call the police is generally the last meaningful decision the involved parties are going to be making for a while.

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Tagged in: Domestic Violence

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