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Can I Get a Restricted Driver’s License for a Second, Third or Fourth Time DUI?

Assuming one does not have a DUI involving bodily injury, one experiencing a second, third and fourth time DUI can apply for and be granted a restricted driver’s license to come and go to work to support themselves and their family.  This is often not known, quite sadly, especially when fully one-fourth of all DUI arrests are for second, third and fourth time DUI’s.  To read about the time when one becomes eligible, click on the following link.

Prop 47 – Must One Ask for Relief or Is It Automatic?

If one has a felony conviction for certain specified theft or possession of drug offenses, that person may eligible for reduction of the conviction to a misdemeanor.  However, is this an automatic process?  Is there someone at the courthouse who uses computer search capabilities to identify those that are eligible and then reduces the convictions?  Or must one affirmatively file a petition for such relief or appear in person in court?  To read answers to these questions, click on the following link.

What Is an Ex Post Facto Law and When Can It Matter?

You may have heard about a law that is “ex post facto.”  What does that mean?  Is that Latin or Greek for something?  There is usually a sense of outrage or indignation, as if something is fundamentally unfair and that the government is abusing its power.  To read an article about just what an ex post facto law is and how it can be an issue in today’s world, click on the following link.

Can Death Threats in a Rap Song Be Criminal Threats?

There are certainly many songs that glorify the “thug life” and address violence against others.  However, can such lyrics by the author constitute criminal threats such that the singer can be arrested, charged and convicted of criminal threats?  Obviously, the specificity of the threats is the issue – the more specific, the more likely it is a crime.  To read about an appellate decision that addressed this factual scenario, click on the following link.

Proposition 47 (Prop 47) Now Applies to Juvenile Cases

When Proposition 47 was written, there was nothing in its text that suggested it would apply to juvenile matters.  Indeed, there is no such thing as a conviction in a juvenile court (it is an adjudication) or a “no contest” plea (it is an admission).  However, there also was nothing in Prop 47 that said juvenile matter were excluded from Prop 47’s benefits.  In the following case summary, we present a recent reported decision that clarified that Prop 47 does apply to juvenile cases.

I Am or Know a Victim of Elder Abuse – What Should I Do?

Our office defends those who are accused of elder abuse, most commonly financial elder abuse.  However, we often receive telephone calls and e-mail inquiries from victims of elder abuse asking what to do or who they can contact to bring the abuser to justice.  Because this is asked so often, and we do understand the serious nature of such charges, we wrote the following article to help those in need of such information.

What Is a Harvey Waiver and How Does It Affect Restitution?

When a judge sentences someone in a case involving multiple counts and restitution is an issue, one may hear the judge ask if the defendant accepts a Harvey waiver.  What is this?  It this bad for a defendant?  What is one waiving?  Does this mean restitution will be lower or higher?  Click on the following link to find out.

What Is Marsy’s Law and What Does It Provide a Victim?

Under California law, a victim of certain crimes has a right to be notified of certain events in the case, beginning with the amount of bail set by the judge.  Victims are often unaware of these comprehensive rights, so the following article seeks to inform any victim or friend of a victim of these rights, as they are important.  Click on the following link to read about these rights.

What’s J.O.I.N. & Who’s Eligible for This Diversion Program?

The Juvenile Offender Intervention Network (J.O.I.N. or JOIN) is a program from youthful offenders accused of more minor offenses.  A juvenile accused of rape, kidnapping, attempted murder, etc., would be ineligible, as well as a juvenile accused of a minor offense but with a significant prior criminal history.  If one is eligible, however, it is a great opportunity to “earn a dismissal” of one’s juvenile case.  To read more about this program, click on the following link.

Charged with Conspiracy? What Must the Prosecutor Prove?

Most people readily understand that if one is charged with conspiracy, the prosecutor must prove that the defendant had an agreement with someone else to commit a crime.  However, how specific must that agreement be and what further steps must defendant take to commit the crime?  After all, two people can talk idly about how financially rewarding it would be to rob a bank, but idle talk alone is no crime without more.  What exactly is needed?  Click on the following link to find out.


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