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Hayward Criminal Defense Law Blog

Guidance when dealing with domestic violence allegations, charges

When it comes to criminal charges that hold lots of emotional weight, nothing quite tops the list like domestic violence allegations. Whether you are accused of domestic violence, or you have suffered what you believe to be domestic violence, it's a tough situation. A person's health and wellness is number one, so prioritizing this during this time is important. Domestic violence allegations can have lasting impacts on all involved, though, which is why individuals involved in these alleged incidences need to do everything they can to protect themselves.

Alleged victims of domestic violence can seek a protective order, which can limit or eliminate contact with the alleged perpetrator while the criminal process progresses. Those who have been served a protective order need to understand the limitations imposed on them so that they don't violate the order. Failure to do so could make it much more difficult on the accuser later in the criminal proceedings and could call for further consequences.

Six men charged in Alameda County with alleged drug crimes

Individuals in the East Bay can face the potential of serious consequences when they are accused of drug crimes. Without properly and aggressively defending themselves, these individuals may wind up facing years or even decades behind bars, financially ruinous fines, and irreparable damage to their reputation. This is why those who have been accused of these offenses need to take action to protect themselves and their future.

Six men are in this position now after they were taken into custody on drug trafficking and other charges. The charges, which were unsealed in January, come as part of a federal investigation. While the specific charges for each individual vary, overall the charges are related to conspiracy to sell cocaine, as well as gun possession and gun sales.

Potential defenses to drunk driving charges in Alameda County

Everyone can agree, laws made in the name of public safety and well-being are probably the most obvious laws in creation. However, it doesn't make it any easier when a person is alleged to have broken those laws. Being accused of drunk driving can bring some serious penalties if convicted. The penalties imposed for a DUI conviction are definitely more severe than in decade's past.

Of course, if one is accused of DUI and not convicted, it's a crisis averted. Some affirmative defenses to drunk driving include involuntary intoxication, entrapment, and necessity, among others. These defenses sound like what they are. One has ingested alcohol without their knowledge, one was 'entrapped' into drinking and driving, and one had to drive to prevent a greater evil.

How can a criminal defense attorney help me?

Facing criminal charges, especially for a violent crime, can be a frightening experience. The consequences of a conviction may include prolonged time behind bars where you will be apart from your family and everything familiar. Whether this is your first offense or you have gone through the justice system before, there may be no way to prepare for the emotions you may experience.

However, there is a way to prepare a strong defense that may result in a more positive resolution. Facing criminal charges without skilled legal assistance may open you to mistakes and missteps that could jeopardize your future and your freedom.

Protect your rights when charged with DUI

No one lives life without making mistakes. The severity of these mistakes, however, differs from person to person. Unfortunately, some of us make the choice to get behind the wheel of a vehicle while under the influence of alcohol. This is not a good decision to make, but that doesn't mean that your rights should be thrown to the wayside. Being confronted with DUI charges requires experienced representation on your side.

Drunk driving is one of the most aggressively pursued crimes in our state and can permanently affect a person's life. That's why it's so important to have the proper representation. At The Law Offices of Frederick R. Remer, we fight back against this aggressive pursuit with an equally aggressive approach. Other attorneys may be quick to accept a plea and move on to another client, but not our office. We will take your case to trial if it's in your best interest and provide comprehensive representation until a resolution is reached.

Ignition interlock device to be mandatory for DUI offenders

Tougher legislation has been hitting DUI offenders nationwide. Since criminal law is handled at the state and county level, this is a trend that has been gaining in popularity all over the country and California. California in particular has been the most recent state to join the majority of states that require drivers convicted of DUI or drunk driving to install an ignition interlock device on their vehicle. Now it seems that it is even more impactful than ever for those accused of DUI to examine the legal options before them.

As of January 1st, all California residents convicted of DUI must install an ignition interlock device. The device is mounted on the steering wheel of the person's vehicle, and it prevents the vehicle from starting if the driver's blood-alcohol reading is above a predetermined level. Many people don't have an issue with the interlock itself, more-so the cost. It is believed by some that the installation of these devices in first-time DUI offenders' vehicles will increase public safety and decrease alcohol-related deaths.

Drunk driving charges have different levels of severity

We have all heard of a friend or family member getting pulled over after having one too many alcoholic beverages. Maybe you have found yourself accused of doing this. However, depending on the circumstances surrounding an arrest, and any specific things that happened before or leading up the alleged drunk driving incident, can affect the severity of the charge and/or the potential punishment that may be dealt upon conviction.

Drunk driving charges can be amplified if a person has been convicted of DUI previously. Also, if a car accident is involved and injuries resulted, the otherwise drunk driving charge could be upgraded to felony DUI. If a person is under the legal drinking age at the time of apprehension, then the charge can alter as their legal limit is 0, not .08, per state law. As you can see, drunk driving charges are not always so cut and dry.

Acts that could be considered domestic violence

Disagreements can turn into fights, which can turn into something neither side wanted to happen. However, if a line is crossed, a conflict could be considered domestic violence. Did you also know that domestic violence acts can occur without any actual conflict? This is because acts of domestic violence can be physical or mental and emotional.

So. this begs the question, what acts can be considered domestic violence? The easiest to recognize are acts of physical violence, many of which leave a mark on the body. The harder ones to distinguish are the acts that cause mental or emotional turmoil. However, there are also sexual acts that can be considered domestic violence, as well as threats or even financial abuse. In short, there could be more than one way to engage in or be the victim of domestic violence acts.

Has a loved one's addiction led to credit card fraud?

Opioids can seem like a lifesaver when doctors prescribe them to individuals suffering from serious pain. On the other hand, opioids can also seem to destroy lives when people become addicted to them. Unfortunately, opioids are highly addictive, and even someone who starts out using the pills as a prescription pain reliever could succumb to addiction.

Addiction can also result in someone carrying out other unseemly behaviors, some of which could be illegal. If you have a loved one who suffers from opioid addiction, you may have become a victim of his or her behavior, such as having your credit card stolen so the person could pay for drugs. In fact, this type of addiction and credit card fraud often correlate.

Rape kits in domestic violence cases could be processed faster

According to recent reports, there is a backlog in the testing of rape kits for all kinds of victims, including domestic violence victims. It could take several weeks, months or even years for a rape kit to be tested. This can cause problems across the board, but it appears there has been an advance in the technology with which a rape kit is tested.

The advances in technology would allow a rape kit to be processed in a more timely manner. It should help to reduce the 225,000 or so rape kits that are awaiting analysis. Part of the advances came from right here in Alameda county. A technique developed by the Oakland Police Department now makes it easier and quicker for the analyst or technology to differentiate between the attacker's and victim's cells. This could shed light on domestic violence cases, as well as incidents of rape.

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