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San Jose California Criminal Defense Blog

Omitting assets in bankruptcy filings can lead to serious charges

Facing a large amount of debt is overwhelming, and sometimes it seems as if there is no way out. Filing for bankruptcy stops creditors from harassing you for payment and gives you a chance to start over. But, this fresh start comes at a cost - the court looks at everything you own and determines what can be sold to pay off your debts. For many people, this is hard to swallow. 

There may be things you want to hold on to. You may think, "Why don't I just give some of these valuables to a family member, then get them back when all this bankruptcy business is over?" 

DUI checkpoints in California

There are many things drivers can encounter out on the roads. Here in California, this includes DUI checkpoints. These are temporary checkpoints that law enforcement sets up to check drivers for signs of impaired driving. California is among the 37 states that use this DUI enforcement method. Each year, thousands of DUI checkpoints are conducted in the state.

And California may be seeing a boost in such checkpoints in upcoming months. This is due to a new statewide DUI prevention program that started last month. The program is set to run until the end of Sept. 2019. It is being funded by grant money.

Testing drivers for marijuana and other drugs

California is approaching the one-year anniversary of legalized recreational marijuana use. Like other states that have done this, law enforcement is looking at better ways to detect driving under the influence of marijuana and other drugs. This is easier said than done – whereas alcohol and certain other drugs flush out of the body’s system quickly, traces of marijuana stay in the bloodstream and urine for several weeks after the impairing effects wear off. This makes it particularly challenging for officials, but there are other tests that can be used to determine impairment.

Marijuana field tests

What you should know about your Miranda rights

You have certainly heard the term Miranda rights or Miranda warnings from watching popular TV shows or movies. Do you know what your Miranda rights are? At the time of your arrest and prior to any interrogation, you must clearly be informed of your rights. You undoubtedly know at least the first part, that you have a right to remain silent. But do you know and understand the rest of it?

Here in California, 0.08 is not the only legal limit

The legal limit sets what blood alcohol levels automatically put a driver in violation of the state’s DUI laws when he or she is behind the wheel. The general legal limit here in California is 0.08 percent.

However, there are some drivers in the state that are subject to a lower legal limit than this. This is because state law sets special legal limits for certain classes of drivers.

Hidden DUI costs

Facing DUI charges is difficult on its own, but the monetary cost of a DUI can be more startling than you may realize.

DUIs end up being expensive because the United States takes drunk driving very seriously. According to the National Highway Traffic Safety Association, nearly 29 individuals die in drunk driving accidents in the United States. When you are facing a DUI, there are a lot of costs that can add up, many of which you may not realize you need to pay for.

Defend yourself against a protective order

California’s domestic violence laws are among the most rigorous in the nation. In domestic violence cases, a criminal protective order can be used to protect individuals who file charges against family members, spouses and others they believe pose a safety threat.

Judges, prosecutors and police officers strictly enforce these orders and violating the terms of these orders can have lasting repercussions. However, you do have a right to defend yourself in court against allegations. There are steps you can take to challenge accusations lawfully and avoid consequences that can affect your record, parenting rights and employment opportunities.

Three Strikes Sentencing law explained

People who are not even fans of baseball are likely to be aware of what happens when someone gets three strikes. It means they are out. In the California court system, your third strike means you will be facing a considerable amount of time, maybe even the rest of your life, behind bars.

The Three Strikes sentencing law is a set of regulations that pose harsh penalties for defendants who have been convicted multiple times. The goal of the Three Strikes Sentencing law is to keep individuals off the track of crime or face extended jail time. Three strikes sentencing has had its share of controversy as many individuals were sent to jail for long periods of time for minor offenses. Because of this, steps were taken to amend the original regulations. However, the Three Strikes law is still a serious threat to anyone who has a previous felony convictions.

Expungement in California? Here’s how it works

When you are convicted of a crime, you will likely face consequences including a black mark on your adult record. This can make it hard for you to find a job as well as impact other aspects of your life, as your crimes will show up on any background check.

It is possible that you may get your record expunged. While this does not erase the crime, it does dismiss them. Your record will no longer say that you have been convicted of a crime and you will not have to tell future employers of your conviction. But how do you know if you are able to be expunged? What is the process of expungement if you are eligible?

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