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Frederick R. Remer
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Hayward Criminal Defense Law Blog

Intent to sell allegation could change the scope of drug charges

If a person is charged with intent to distribute or another similarly worded term for intent to sell in a drug crime charge, this is a serious allegation. Rather than being slapped with a charge for drug use, the prosecution is going to allege that a person was not only in possession, but looking to sell to others for profit.

The reason this can become serious quickly is because intent to sell can be charged as a federal crime. Depending on the evidence the prosecution may have in their possession, this could result in a felony conviction or a stint in a federal prison. If a person has been charged with possession, this is usually treated as a state-mandated crime and is not typically a felony unless the person is in possession of a certain amount or if prior convictions impact the current drug charge the person is facing.

Can allegations of domestic violence result in restraining order?

When a couple does not agree on something, things can escalate quickly. In most instances, this means a quick argument which is resolved at a later time. However, sometimes disagreements between spouses or family members can get really heated and, on some occasions, violent. If you or a loved one has been involved in an incident related to domestic violence, understanding what could happen next is important for both parties involved.

If the police are called to a home due to allegations of domestic violence, they may enforce and "EPO," or Emergency Protection Order. Emergency Protection Orders are a kind of restraining order, but a temporary restraining order. It's meant to give space to both parties involved in a domestic violence situation to prevent any further escalations of violent behavior. There are other, more permanent, restraining orders that could result after-the-fact.

DUI checkpoint announced by California Highway Patrol

Did you know that you can be randomly stopped, assessed and even searched at designated areas during special checkpoints by licensed officers? It's true. California law allows for DUI checkpoints to be set up and orchestrated on Alameda county roads. The intention of the DUI checkpoint is to deter or catch intoxicated drivers.

This is because it's proved that intoxicated drivers are dangerous drivers. While these checkpoints are announced ahead of time in the local news, the exact day, time and location will not be named, just that a DUI checkpoint will be set up. Why is this? The way the message is delivered about the checkpoint is done in hopes of deterring intoxicated drivers from getting behind the wheel, but also to encourage those who are intoxicated to find a safe ride home.

A strong defense against charges of white collar crimes

White collar crime involves criminal activity committed with the intent of financial gain. Even though white collar crime charges lack a violent element, a conviction can result in serious penalties, such as extensive time behind bars. If you are facing these types of charges, you would be wise to take your situation seriously and build a strong defense.

California readers may know most white collar crimes involve deception, theft and other means of accessing information, taking assets or stealing money. These cases can be quite complex, and it is never too early to take steps to protect your interests. Whether you are under investigation, already facing charges or believe you may be soon, you can take steps to start developing a defense strategy.

Domestic violence could happen to you, your family

Everyone has disagreements. It is a part of life-it is not possible that you and your loved ones are always going to see eye-to-eye on everything. While most disagreements get resolved without major issues, sometimes things escalate. If a situation has become violent or you feel emotionally victimized by your partner or a family member, it could be a situation that would qualify as domestic violence.

Occurrences of domestic violence are high and this negative behaviors affects many people each year. There are laws in place to protect victims of domestic violence, criminal charges can be filed and it can mean repercussions for all family members impacted. If going through a divorce or a change in child custody, instances of domestic violence on record can greatly impact the outcome. At the Law Office of Frederick R Remer, we want nothing more than to see our client and those in our Hayward community, safe happy and healthy.

What factors can contribute to a charge of felony DUI?

If you or a loved on has been pulled over and arrested on charges related to intoxicated driving, there are many questions the accused and family will have about what's happening. A person can be arrested and charged with DUI, or a drunk driving related offense, and there are different severity levels when it comes to DUI. Rather, one-size DUI does not fit all. The highest level of DUI-related charge one could be facing is felony DUI.

So what is the difference between regular, misdemeanor DUI and felony DUI? Well, since one is prosecuted as a misdemeanor and the other, a felony, the potential punishments if convicted of the charges are different, with felony DUI being more severe. What factors might bump a regular misdemeanor DUI from the lesser charge to the more severe felony DUI? Elevated blood alcohol concentration (BAC), bodily harm, prior convictions, children in the vehicle, or apprehended while on suspended/revoked license can elevate the charge from standard DUI to felony DUI.

Drug paraphernalia, assault charges for man

There are a few situations that can cause a person to act in a way that they otherwise wouldn't. Okay, maybe more than a few, but it's fairly well known that drugs and alcohol can cause a person to behave in ways they otherwise wouldn't when they are sober. An altercation happened between a man and a police officer in Berkeley that ended with several criminal charges, one related to drug charges. The police officer left the scene with a concussion.

According to reports, the officer was called to the scene after someone called in to report that the man was unresponsive. Once the officer arrived, he started a conversation with the man, who is alleged to be a homeless man in the area. The fire department and paramedics were dispatched to check on the man's well-being and overall health. When the officer attempted to keep the man in the vicinity, so his health could be assessed, he became uncooperative.

License reinstatement process after DUI in California

If you or a loved one has been convicted of DUI and you are thinking of reinstating your driver's license, there are a few things to know. The entire experience of being charged with DUI to the sentencing, if convicted, can be pretty stressful. However, for many, license reinstatement is possible after having it revoked or suspended after DUI conviction. California law dictates this process and may apply differently to differing situations.

California has some pretty strict regulations for those who have been convicted of DUI and are looking to reinstate their license. First, one must fulfill the mandatory suspension period and then one would qualify to pay the driver's license reissue fee. One must also complete a DUI program and submit a Notice of Completion Certificate (Form DL-101) which can then be submitted for proof to a person's insurance company. The reinstatement fee owed is $55 but this is separate from any fines required by the courts after DUI conviction.

The issues with DUI-marijuana

California is the latest in a number of states that have legalized the use of marijuana for medicinal and recreational purposes. If you are one of the many people that this legislation benefits, then you may want to keep in mind that the marijuana may be legal, but driving after or while using it remains illegal.

Police can still pull you over on suspicion of impairment. You may pass an alcohol breath test, sure, but you may not pass a field sobriety test. Your behavior may give the officer reason to believe that you are high. As a result, you may find yourself under arrest, but you may want to hold off on pleading guilty just to put an end to the matter.

Do domestic violence allegations leave you wondering what's next?

When it comes to life at home, it isn't always easy. Most of the time loved ones are able to get along, but sometimes conflict happens. If that conflict turns violent, one may be left facing charges related to domestic violence. There are several things to consider when charged with domestic violence and the potential ramifications could be more severe if convicted of domestic violence allegations.

California lawmakers have gone to great lengths to protect those who have been negatively impacted by domestic violence. On the flip side, this means that those accused of this crime could face penalties related to a conviction of such a charge. Any person who alleged domestic violence and calls the police can automatically apply for and receive a temporary restraining order (TRO) against the alleged perpetrator. The mere allegation of domestic abuse and the issuance of a TRO can result in you not being treated equally in matters of child custody and visitation, in addition to other criminal charges that may pend due to an incident in which domestic violence is alleged.

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