Criminal Defense
License Suspension in California Can Result from Various Traffic Violations
Your license can still be suspended even if you are not convicted of a DUI in California Although it is well-known that if you are convicted of DUI, your driver's license will most likely be suspended. What is not as commonly known is that there are many cases in which if you are convicted of a violation other than DUI you can still get your driver's license suspended. Violations of…
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California Drug Diversion Programs: Penal Code 1000 or Proposition 36?
If I am eligible for both Penal Code 1000 and Proposition 36 drug diversion, which is preferred? Penal Code 1000 is more time-consuming and intensive than the treatment mandated by Proposition 36. Treatment under Penal Code 1000 can last up to three years, with a minimum of eighteen months. On the other hand, the maximum treatment period under Proposition 36 is twelve months, with the possibility of aftercare for six…
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California Drug Diversion Program under Penal Code 1000 Minimizes Collateral Damage
Avoid devastating collateral consequences; Why you need to retain a California drug offense defense attorney to get admitted to Penal Code 1000 drug diversion program Under Penal Code 1000, even if the defendant has entered a plea of guilty, he is not "convicted" while undergoing the treatment in the deferred entry of judgment program. Penal Code 1000 provides, "A defendant's plea of guilty...shall not constitute a conviction for any purpose…
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How To Keep Your Criminal Record Clean By Entering Drug Treatment
Which Prior Convictions Will Disqualify Me For Drug Diversion Under Proposition 36 or Penal Code 1000? Prior convictions for California drug offenses, even drug sales, will not necessarily disqualify a defendant under Proposition 36. The only prior conviction that excludes a defendant under Prop 36 is one for a serious or violent felony listed in Penal Code 667. 5(c) or Penal Code1192.7. However, even this exclusion can be avoided if…
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Orange County Criminal Defense Attorney on Suppressing Evidence
Why you need a criminal defense law firm to win your motion to suppress evidence If you're a defendant in a criminal case, you should ask your California criminal defense attorney about the possibility of filing a motion to suppress evidence under California Penal Code Section 1538.5. Under PC 1538.5 a defendant may to suppress evidence obtained by the government during a search or seizure on either of the…
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California Prison Sentence Reduction Possible, Based on Recent Decision
Under New California Supreme Court Decision, Hundreds Of California State Prison Inmates Have A Shot At A Shorter Sentence. The recent California Supreme Court's decision in the matter of In re Gomez, opens the door for sentence modification in California for hundreds of Inmates incarcerated in the State Prison system. The court's unanimous decision, deals with people convicted of crimes between two United States Supreme Court announcements on how to…
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Traffic Violation Required to Satisfy Probable Cause in California
Police Cannot Pull You Over Just for Your Temporary Operating Permit Police officers need probable cause in order to pull motorists over. What this means is that they must have probable cause to believe that a motorist performed a traffic violation. Over the years, police officers have come up with just about any excuse to justify pulling motorists over, in order to satisfy this probable cause requirement. One of their…
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Grand Theft Auto Conviction in California May Cost You Your License
Under New California Law, A Person Convicted Of Theft Of A Motor Vehicle May Have Their Driving Privileges Suspended Or Revoked. Under New California law, the court may impose a license suspension or revocation for a person convicted of theft of a motor vehicle. A conviction allows the court to impose an open-ended license suspension or revocation, with no specified ending date. California Vehicle Code Section 10851, states that "any…
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California Child Abuse Central Index: Are You on the List?
How Can I Find Out if My Name is Listed on the Child Abuse Registry Under the Child Abuse Neglect Reporting Act, California must maintain a registry of actual and suspected child abusers. This registry is known as The Child Abuse Central Index: aka CACI. CACI presently contains 800,000 plus names, and is plagued with many procedural problems that have caused widespread constitutional violations. One of the reasons that CACI…
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Drivers License Suspension A Possible Punishment for Speeding in California
Under New California Law, A Person Who Is Convicted Of Driving In Excess Of 100 MPH May Have Their Driving Privileges Suspended. Under California law, the court may impose a drivers license suspension on drivers convicted of driving in excess of 100 mph. The court may suspend driving privileges without any opportunity for obtaining a restricted license during the period of suspension. As of 2009, California Vehicle Code Section 13200…
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