Many people who want to have their criminal records expunged ultimately want to have any evidence that they were in trouble with the law eliminated. After they go through this process, they think that their record will be erased. It will be as if they had never been arrested in the first place and had never been convicted in court. It is, ultimately, not quite that simple. Expungement can be beneficial, but it simply does not work the way that many people assume. Here’s how it could work for you. Your record would be sealed Instead of erasing it, expungement seals your record. If you apply for ..read more

A domestic violence conviction can have long-term consequences on your life beyond doing time in jail. You will also end up with a criminal record, and the negative perception from others could strain your personal and business relationships.  One of the most common defenses in domestic violence charges is claiming self-defense. If you acted to protect yourself from imminent harm or danger, it cannot be considered domestic violence, as it is within your rights to do so. But, how viable is a self-defense claim in the face of domestic violence charges? Here is what you need to know: The cir ..read more

We’ve all seen disturbing videos of police traffic stops for minor violations like expired license plates, broken taillights and items hanging from the rearview mirror that turned deadly for drivers (as they can for officers). There have been calls for an end to these “pretext stops” for non-moving violations that are too often an excuse for officers to search vehicles for drugs, weapons and other illegal items. People in lower-income areas and specifically people of color, police reform advocates say, are disproportionately stopped. While the legality of pretext stops has been upheld by the U ..read more

Everyone makes mistakes. Many mistakes don’t have large consequences and are easily forgettable. However, making a mistake that goes against the law could lead to serious criminal charges.  To ensure that you don’t suffer the punishment of a criminal record, you should consider avoiding these common mistakes that lead to DUI charges:  1. Drinking coffee to sober up Factually speaking, coffee is a stimulant and alcohol is a depressant. It’s commonly believed that people can sober up by mixing coffee and alcohol or drinking one after the other. In theory, this would make it so people w ..read more

Individuals convicted of domestic violence often want to know if they can expunge, or remove, their past conviction from their record. A domestic violence conviction can severely affect an individual’s life, including in employment, licensing and other areas. Can the court expunge a domestic violence conviction? Yes in most misdemeanor cases, so long as the defendant did not violate any of the terms of their probation for that conviction or committed additional criminal offenses after the domestic violence conviction they are trying to expunge. In the case of a one-time domestic violence event ..read more

If you are stopped by the police with reasonable suspicion that you may be drunk, they may perform a breathalyzer test. If your blood alcohol concentration (BAC) level is 0.08% or more or 0.01% or higher for drivers under 21 or 0.04% or more if you are a commercial driver, you may be arrested and charged with driving under the influence (DUI) of alcohol. However, you can fight this charge and prevent it from getting into your record. One of the defenses you can use is challenging the breathalyzer test. This guide discusses how you can do this. Reliability Breathalyzers are one of the best devi ..read more

You know that you can be arrested if you’re caught with illegal drugs in California. An example could be something like cocaine or heroin. These are controlled substances that people are not allowed to use under any circumstances. They are widely used in a recreational sense, but everyone who does so is potentially risking arrest if they are caught by the authorities. However, you may simply have prescription drugs in your possession. Is there any way that these drugs, which are also controlled substances, could also cause you to be arrested? Impaired driving If you are driving while you’re un ..read more

Securing bail while you are on trial can be a great relief. There is just something about being free to carry on with your life. But bail is never an end to your legal troubles. One of the conditions you must meet while on bail is appearing in court for your trial or as otherwise directed by the judge.  People miss court for a variety of reasons. Perhaps, you were hospitalized or had a family situation that coincided with your court. Or, you simply forgot. Whatever the motivation, missing court is a big deal, and the consequences can be far-reaching.  What happens if you go missing ..read more

Those who caused or contributed to the accidental death of another person should consider themselves in trouble. In California, involuntary manslaughter is often charged as a felony, meaning a strong defense may be the best way to improve your situation.  With an early focus on minimizing the risk of a conviction, it is sometimes possible to avoid the harshest outcome. It also helps to know as much as possible about the charges you face. What does manslaughter mean? California penal code defines manslaughter as an unlawful killing but without the element of malice. When manslaughter is vo ..read more

People who are being detained or interrogated by police officers have very specific rights that must be complied with. One of these requirements is that cops read the individual their Miranda rights. This is a list of specific rights that are contained within the Fifth Amendment of the United States Constitution.  The Fifth Amendment gives individuals the right to avoid self-incrimination. This means that you don’t have to answer questions that could lead to a criminal conviction. In order to exercise your Miranda rights, you must clearly invoke them. How do you invoke your Miranda rights ..read more