In this article, you can discover… How a “wobble” offense is defined under California law. Who decides whether a “wobbler” is charged as a misdemeanor or a felony. How early legal representation can help impact your case. What Is A “Wobbler” Offense Under California Criminal Law? A “wobbler” offense is an offense that can be charged as either a felony or a misdemeanor, hence “wobbling” between two very different legal and prosecutorial outcomes. How Does A Wobbler Differ From A Straight Felony Charge? With wobbler felony offenses, it may be possible for your attorney to negotiate down to charges that are below a felony. For example, you may be able to plead “guilty” or “no contest” to criminal threats and, in exchange, face misdemeanor charges instead. This can mean the difference between two to five years of probation vs. only one year of probation. At that point, prison is taken off the table, as is formal probation. Who Decides Whether…Read More
In this article, you can discover… Whether surveillance footage can be a reliable source of evidence in theft cases. The penalties for being convicted of theft in California. If a criminal defense attorney can challenge the authenticity or accuracy of video footage. How Reliable Is Surveillance Footage In California Theft Cases? The reliability of surveillance footage as evidence depends on the quality and angle of that footage. Some footage, especially from Big Box stores like Target, can be especially clear and straightforward. The reliability of footage also depends on what it purports to show. If footage is of dubious origin, grainy, or doesn’t clearly show something relevant to the case, it may be possible to contest it. For example, if a police officer films a computer screen with their cellphone as the computer plays back surveillance footage, the quality of this footage may be quite poor, allowing me to have it thrown out as evidence. Are Plea Deals Or Reduced…Read More
In this article, you can discover… Whether legally prescribed medication can lead to a DUI charge. If field society tests are reliable for prescription medication impairment. How a DUI attorney can help challenge the evidence against you. Can I Get A DUI For Using Legally Prescribed Medication? Yes, you can get a DUI for being under the influence of legally prescribed medications. California prohibits people from driving under the influence of alcohol or drugs, and this includes lawful prescription drugs as well as illegal drugs— the law does not differentiate between the two for the purposes of a DUI. Essentially, if you can not operate a motor vehicle safely when on your prescription medication, a DUI is possible. You may argue that you didn’t know the medication would impact you that way. But if there is a warning label on your medication that says, “Do not drive or operate heavy machinery” or “May cause drowsiness”, the courts will typically see…Read More
In this article, you can discover… Whether your employer must be legally notified of your DUI arrest. Whether a DUI can impact your professional license in California. How an experienced attorney can help you navigate a DUI with care and skill. Am I Legally Required To Tell My Employer About A DUI Arrest In California? This depends on your employer. Some workplaces will require you to report a DUI arrest, while others will only require you to report a DUI conviction. Can Being Arrested For DUI Without A Conviction Still Lead To Job Loss? Possibly, though this depends on your employer and the specific industry you are in. For example, if you drive for a living, a DUI arrest could lead to a suspension or termination. However, each industry and sector is different, with some employers having no issues with a DUI arrest. How Does A DUI Arrest Affect Licensed Professionals Like Teachers, Nurses, Or Real Estate Agents? If you…Read More
In this article, you can discover… How to dress and prepare for a domestic violence court hearing. Whether the alleged victim will be present during your first court appearance. The next legal steps after your first court appearance, and how an attorney can help. How Should I Dress And Present Myself For A Domestic Violence Court Hearing? For a domestic violence court hearing, you should dress as if you were at a business meeting, at church, or at another important function. This can mean a suit, dress pants and a blouse, or any other type of neat, presentable clothing. Avoid wearing t-shirts, shorts, casual clothing, or anything that would possibly signal gang affiliation, especially if the latter is relevant to your case. Will My Alleged Victim Be Present During My First Domestic Violence Court Appearance? Your alleged victim is not likely to be present during your first court hearing unless there is an issue with the protective order. In some…Read More
In this article, you can discover… The possible immigration consequences of a misdemeanor vs. felony DUI. Whether a DUI arrest can threaten your green card status. How an attorney can help you navigate DUI charges as an immigrant. What Are The Immigration Consequences Of A Misdemeanor Versus A Felony DUI In California? The immigration consequences of a DUI for non-citizens in California appear to be changing quickly. In the past, misdemeanor DUIs did not have much of an impact on immigration status. Today, it is advised to keep any and all DUI convictions off your record as a non-citizen, including those of a misdemeanor DUI. A single felony DUI conviction, especially if someone was hurt or killed as a result of your impaired driving, can lead to your deportation. As a result, it is incredibly important to be sure that an experienced DUI defense lawyer handles your case, ideally allowing DUI charges to be dropped or reduced to a lesser…Read More
In this article, you can discover… How long a drug diversion program lasts in California. The types of education offered in California drug diversion programs. What type of communication to expect from your attorney during your diversion program. How Long Does A Diversion Program Last In California? In California, a drug diversion program typically lasts between 12 and 18 months. During this time, you would typically check in with your case manager at least once a week and appear in court anywhere from once a month to every three months. What Types Of Drug Education Classes Or Court-Ordered Therapy Are Required In California’s Diversion Programs? Diversion classes typically take the form of a 12-step program modeled on Alcoholics Anonymous, classes to help you deal with stress triggers, and individual psychological counseling to address and work through the underlying reasons for your drug or alcohol use. Are Random Drug Tests Required During A Drug Diversion Program? Yes, random drug tests will…Read More
In this article, you can discover… How to qualify for a drug diversion program in Los Angeles. What happens if you fail a drug diversion program in California. How your criminal defense attorney can help you qualify for a drug diversion program. Who Qualifies For A Drug Diversion Program In Los Angeles County? In recent years, drug diversion in Los Angeles County has greatly expanded, making it more accessible even for individuals with prior arrests or convictions. The purpose of diversion is to help users move toward recovery. In order to qualify for a drug diversion program, you must be charged as a user. If the case against you involves sales, possession for sales, or anything that suggests an exclusive business operation, you will not likely be eligible. If you’re facing charges like simple possession or being under the influence and there’s no intent to sell, you may still be eligible for a drug diversion program. For more information on…Read More
In this article, you can discover… The standard field sobriety tests used by LAPD during DUI stops. How accurate field sobriety tests are as evidence in DUI cases. How a DUI defense attorney can challenge field sobriety test results. What Are The Standard Field Sobriety Tests Used By Los Angeles Police During DUI Stops? During a DUI stop in Los Angeles, the Los Angeles Police Department (LAPD) most commonly utilizes the three field sobriety tests that are approved by the National Highway Traffic Safety Administration. These are: Horizontal Gaze Nystagmus (HGN) Test - the officer will examine your eyes and check your ability to follow a moving object, like a pen or flashlight. One-Leg Stand Test - you will be asked to stand on one leg, keep your arms at your side, and keep your balance for around 30 seconds. Walk-and-Turn Test - you walk an imaginary line for nine steps, make a turn as requested by the officer, and…Read More
In this article, you can discover… What you can do to mitigate the future career consequences of charges. How to protect your current job if you’re facing criminal charges. How expunging a conviction can improve your job prospects. How Does A Criminal Conviction Impact Your Career Or Academic Opportunities In California? The impact of a criminal conviction on your career or academic opportunities in California varies depending on the type of conviction, the license you hold, and your specific circumstances. Certain charges, such as crimes of violence, crimes involving moral turpitude (like dishonesty), and sex-related offenses, can significantly affect your professional life. These convictions can also hinder your ability to join the military or gain admission to many schools and colleges. Are There Any Legal Protections For Employees Who Are Facing Job Loss Due To A Criminal Conviction In California? If you have lost your job due to a conviction for a type of crime not related to your field…Read More