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November 2017 Archives

What it means to possess and distribute drugs

Some California residents may not realize that there are a variety of drug charges. Because the penalty can change depending on what offense a person is charged with, it is important to understand these differences. One kind of drug charge deals with the ownership of drugs and a person's intent to give them away.

What is spousal rape?

If you are a California resident who has been charged with raping your spouse, you should be aware that California takes this crime seriously. As set forth in Section 262 of the California Code, spousal rape is defined as nonconsensual sexual intercourse with your spouse that you accomplished under one or more prohibited circumstances. One such circumstance is that you perpetrated the intercourse through force, duress, violence, menace, or by putting your spouse in fear of immediate and unlawful bodily injury.

What are the consequences of a DUI conviction?

If you are a California driver charged with DUI, you should be aware of the serious penalties you face if you are convicted. As the California Department of Motor Vehicles explains, you are deemed by law to have consented to breath, blood and urine tests to determine your blood alcohol content. The law enforcement officer who pulls you over can require you to take a preliminary alcohol screening and/or a breath test. You have no right to request legal counsel before either test. Should your BAC be 0.08 percent or higher, he or she can arrest you, suspend your driver’s license and issue you a temporary 30-day license.

Rare situations may allow a court resentencing

When people in California and elsewhere are charged with a crime and sentenced, they may believe that the verdict is over and they must serve their terms as the judge or jury decided. Most of the time, this is the case. However, there are some situations in a criminal case that may warrant a resentencing of the verdict. This is usually due to an error in the court process or misconduct involving a lawyer, the judge or the jury.

I refused to take the chemical test. What happens now?

When pulling someone over for suspected drunk driving in California, law enforcement will likely ask that driver to submit to a chemical test of his or her blood. This will typically determine the level of impairment, which would then determine if the driver will be under arrest. A driver technically has the right to refuse to comply with this test.