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What qualifies? Any DUI convictions with 10 years may be used to enhance the minimum mandatory penalties in a subsequent DUI offence. Some of the prior convictions include the following violations: Offenses involving alcohol and drugs according to VC § 23152, 23153, 23103.5 (“wet reckless”); Out-of-state prior convictions and federal DUI convictions * must be similar to California VC §…Read More

Health & Saf. Code, § 11370.1 [CALCRIM 2303] To prove the defendant is guilty of possessing a controlled substance while armed with a firearm, the prosecution must prove the following: The defendant illegally possessed a controlled substance; The defendant knew of its presence; The defendant knew of the substance’s nature or character as a controlled substance; The controlled substance was…Read More

In order for the prosecution to prove the defendant is guilty of possessing heroin for personal use by proving the following elements are needed to prove this charge: The defendant unlawfully possessed a controlled substance; The defendant knew of its presence; The defendant knew of the nature or character as a controlled substance. The controlled substance was in a usable…Read More

In California, DUI is defined by operating or driving a motor vehicle while impaired by some amount of alcohol, drugs, or a combination of both, or by operating or driving a motor vehicle when the blood alcohol content of the individual’s blood is higher than 0.08. As a lesser charge, DUI can be defined as a wet reckless, which is…Read More

There are several options for couples who are considering divorce in California, one of which is to seek legal separation instead of or prior to divorce. There are a number of reasons spouses may choose this route, for example to retain eligibility for medical insurance, retain married status for religious reasons, or avoid the responsibilities of debt, spousal support, etc.…Read More

When it comes to domestic violence, California has a mandatory arrest policy. This means if law enforcement officials have probable cause that any violence has happened, they must make an arrest, even if an alleged victim decides to not press charges. An alleged offender will likely spend the day/night in jail until arraignment, which is the first court date, or…Read More

Unfortunately, whether you apply for a new job or seek new housing, a DUI conviction will appear in a criminal background check unless it has been expunged or sealed. While many employers and landlords use background checks based on a person’s social security number, some employers (e.g. healthcare, education, banking, etc.) and California licensing agencies use background checks based on…Read More