A Driving Under the Influence (DUI) charge is very serious and can have long-lasting consequences. The effects of a DUI conviction can cause loss of employment, driving privileges and other things. Depending on if this is your first charge or if it’s charged as a felony or a misdemeanor can determine the severity of the […]
What is Attorney-Client Privilege?
The legal system can be a daunting and complex system to navigate through. When dealing with all of the allegations and charges that are coming against you, you always look to your lawyer for advice. The relationship that you and your attorney have is a privileged relationship that provides you protection for full disclosure. Cornell […]
Is Domestic Violence a Felony or Misdemeanor in California?
Domestic violence charges are among the most common offenses in the California criminal justice system. There are several different Penal Code sections which can be applied to a domestic violence situation. The prosecution will decide which charges to impose based on several factors. The following information will explain what considerations affect charging discretion. Common Charges […]
Drug Trafficking Consequences in California
“The Wire”, “Weeds” and “Breaking Bad” have swept T.V. screens across the nation. While they make for great T.V. and the characters are fictional, the drug trade is not. The war on the drug trade costs $51 billion annually. While we love to connect with Walter White and see his “empire” expand, drug trafficking is […]
When Does a DUI Result in Incarceration in San Diego?
A DUI is an offense that involves intoxication of a person who consumed alcohol or drugs before getting behind the wheel of a vehicle. As a DUI is considered a criminal offense, many individuals face incarceration. While the likelihood of jail time is difficult to predict, as sentencing standards can vary considerably county-to-county, here are […]
Why Hire a Domestic Violence Attorney in San Diego?
In the news we hear stories of celebrity domestic violence—Ike and Tina Turner, Chris Brown and Rihanna, former MMA fighter War Machine and Christy Mack, and recently, NFL running back Ray and Janay Rice—but domestic violence is more than a celebrity problem. Each year approximately 2.1 million people in the U.S. are victims of domestic […]
Are You Eligible to Have Your Record Expunged in California?
With the age of technology criminal records are entered into national databases that can be searched by anyone, allowing employers and other organizations to quickly conduct background checks. They can find out parts of your past you may wish to forget and your background may prevent you from receiving good job opportunities. With a good […]
How Long Does a DUI Stay On My Record in California?
One of the biggest worries for individuals facing a DUI conviction is how long the incident will stay on their record. It can be difficult to find employment or advance in your career when you are obligated to disclose a DUI to every boss and company. In California, the short answer is that a DUI […]
8 Things to Know If You’re Pulled Over for Drunk Driving
If you’re pulled over by the police while driving under the influence, it’s important to be prepared to face the possible consequences—fines, legal fees, a suspended license, and even jail time. With this in mind, you need to know your legal rights in order to reduce the amount of incriminating evidence gathered against you. Don’t […]
What is California’s Three-Strike Law?
August 1, 2014 by Tyler Brown
The California three-strike law is what legally is known as a sentencing enhancement statute for repeat criminal offenders. The California three-strike law garnered national and international attention for its severity when it initially was enacted in 1994.
The Original California Three-Strike Law
Beginning in 1994, and running through the passage of a California voter initiative called Proposition 36, the three-strike law in the Golden State required that a criminal defendant, with a prior conviction of a serious felony, to be sentenced to a term of incarceration of double the maximum permitted by law on the new charge. If a criminal defendant was convicted of a third felony, of any type, with two prior strikes, that individual faced a mandatory sentence of 25 years to life.