There are a number of good reasons that you want to try to remove a criminal conviction from your record—you may be denied access to credit or to educational opportunities. You may be denied the right to live in certain types of housing. Most importantly, though, you may face extreme difficulties finding gainful employment. Not…
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What to Know If You Are Arrested
When you are detained or arrested by law enforcement officers, it’s critical that you know your rights. Even though police officers should read you your Miranda rights when taking you into custody, you want to know ahead of time what is happening and what your rights are. What is an Arrest? There’s a difference between…
Top 4 Police Mistakes in DUI Investigations
So you’ve been arrested and charged with drunk driving… You don’t want to just plead guilty and take your punishment. Why? Because police officers regularly make mistakes in DUI cases. Here are the top 4 most common police mistakes in DUI investigations: The Officer Makes a Traffic Stop without Probable Cause A police officer doesn’t…
What to Expect if Convicted a Third Time for DUI in California
In California, as in all states, as a repeat offender you can expect significantly increased penalties on a DUI (driving under the influence) charge. If you are convicted a third time for drinking and driving, the penalties can include: A jail term of four months to a year, although alternatives to a jail sentence may be…
What to Do If You Are Served with a Restraining Order in California
Though the most common objective of a restraining order is to limit contact between the person served and others, typically a spouse or children, a restraining order can also require that the recipient fulfill other requirements, including payment of child or spousal support, payment of certain bills, compliance with custody and visitation orders, or even…
What Constitutes Illegal Gambling?
There was a time when gambling was illegal everywhere except Atlantic City and Las Vegas. Though all that has changed, with casinos, pari-mutuel betting tracks and poker rooms being legalized in many states, there are still certain types of gambling, or gaming, that are prohibited in every state. Gambling Defined Though the specifics can vary…
What is the California Statute of Limitations for Theft?
Did you expect a simple answer to this simple question? Under California law, the statute of limitations might be one year, three years, or four years for a theft crime, depending on the circumstances. The clock might start running at the time of the crime, or months, even years later. Three years of limitation might…
Theft by Deception
Finders, keepers? Not in California, where Penal Code Section 484-502.9 specifically states that keeping lost property if you have knowledge of its true owner is a crime. The code outlines a long list of specific offenses involving fraud and deception. Consider the following examples: defrauding a person of labor using a false reference to get…
California Prohibits Holding Cell Phone While Driving
Effective Sunday, January 1, 2017, it is against the law for motorists in California to hold a cell phone while on the road. The law is far-reaching, banning the holding of a cell phone for any purpose, from talking to texting to checking a map. Drivers may use cell phones when behind the wheel only…
California Addresses All Aspects of “Driving Under the Influence”
When most people think of a DUI, they associate it only with drinking and driving. But California officials are out to educate the public and to enforce a broader interpretation of the law. A new campaign, recently launched by the California Office of Traffic Safety, focuses on what is known as DUI-D—driving while under the influence…