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Hayward Criminal Defense Law Blog

How does California law impact domestic violence allegations?

Human nature spans a variety of emotions. Love, hate, happiness and anger are just a few feelings that a person can experience as frequently as on a daily basis. Sometimes, emotions can get out of control and be the driver behind poor decisions. However, domestic violence is illegal in the state of California and there are ways to be prosecuted for this type of crime.

When there are allegations of domestic violence, there are usually two sides. One party may see the domestic violence allegation differently than the other. Two people may describe an event completely differently. However, evidence and corroboration of events can help to prove the truth of one side over the other. California law allows those who allege domestic violence to seek emergency protection orders against their alleged attacker.

Drunk driving arrests trending fewer in bay area

Recent reports have shown that drunk driving arrests have trended down in the last two years in the San Francisco bay area. What would cause a decline in nearly 2,400 arrests in a two-year span? At first, authorities and the city were scratching their head. Then they realized the factor introduced that could have impacted the result of fewer drunk driving arrests.

That factor is ride sharing services like Uber and Lyft. Studies by the University of California at Davis found that arrests had declined by 32 percent in San Diego, 28 percent in San Jose, 26 percent in Sacramento and 14 percent in both Los Angeles and the San Francisco-Oakland area in the two years after ride sharing began in each of the areas. These are significant numbers and it means far less people were facing potential criminal charges for drunk driving or intoxicated driving allegations. Other large cities that use the ride-sharing apps, like Las Vegas, have also seen huge decreases in the amount of intoxicated driving allegations.

Everyday objects could be considered drug paraphernalia by police

For better or worse, police officers often receive training in identifying objects that could indicate drug use. The problem is that people who abuse, sell and manufacture drugs use everyday objects. For this reason, a police officer may immediately suspect an individual of possessing drugs due to the presence of one or more object in your possession.

Most illicit drugs require the use of certain objects in order to use, manufacture or sell them. If police suspect you of a drug crime based on objects you are carrying or are in control of, it might be useful to understand what drug officers suspect you have in your possession.

Don't face felony DUI charges alone

Everyone stops out for a drink after work, right? This isn't exactly true, although many do indulge in spirits after work hours. How a person gets home after enjoying a few drinks is important. It is illegal to get behind the wheel when one is intoxicated beyond the legal limits.

Because of this, one may be facing charges related to DUI or felony DUI. There is a big difference between the two, as the latter is obviously charged as a felony and the other, a misdemeanor. Felony is most characterized as one convicted of such a crime would be a convicted felon and they could face one year or more in jail. However, one is not convicted of a crime merely because they are accused of one.

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.

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