Limitations for Bringing Old Court Accusations

Tuesday, June 9th, 2009

Two states created legislation windows opening up new time periods for childhood sexual abuse victims to seek civil court redress. California allowed these victims to file a case against their employer or abuser within one year regardless when the abuse occurred. Then, Delaware followed in 2007, this time giving people two years of leeway in bringing their accusations to civil court.

Moreover, New York state legislators are debating for a one-year statute this year. Other states are also mulling over similar measures.

These statutes of limitations for civil or criminal actions help avoid circumstances where testimonies rely on faded memories, documents have disappeared, or the evidence is incomplete. However, when high-profile abuse scandals (allegedly perpetrated by Catholic priests) occurred decades ago, a few states saw a particular need for “window laws” that could open the courts again temporarily and allow remedies of past grievances through civil actions only (not criminal prosecutions).

Supporters of these laws say that people who didn’t know or disclose that they’ve been harmed will benefit the most. But others say that such laws may inevitably raise questions of fairness and constitutionality.

Some defense attorneys say that the only reason these cases are brought up is to wrench money from the church, since many of the named perpetrators are already retired or dead, and it’s almost impossible to defend these cases.

Tags: California, child abuse, Criminal, defense attorneys, Delaware, legislation, statutes of limitations
Posted in Criminal, Criminal News, Sexual Harassment | No Comments »

DUI Cases using International Drivers Licenses

Monday, May 11th, 2009

Out there, a misconception exists that if you lose your license due to a DUI charge, you can still drive using an “international driver’s license.”

Be very careful. If you see a website that sells an international license and says you could use the license to avoid suspension for United States DUI, don’t jump on it too quickly. It’s best to consult a DUI lawyer before you try it. Based on lawyers’ professional experience, these might be scams.

For example, if you get a DUI in Arizona, the state will suspend your driving privileges in Arizona only. Even if you came from Washington and you own a California drivers license, your driving privileges in Arizona can still be suspended.

This means that you can drive legally from California up to the Arizona border only. It will not matter if you get an Oregon driver’s license in exchange for your California license. The reality still remains that if you drive in Arizona, you’re breaking the law. You’ll only be allowed to do so once Arizona reinstated your driving privileges.

It’s important to note that a “driver’s license” is different from a “driver’s privilege.” A state has the ability to revoke your driving privileges in their state, but not the driver’s license (unless it’s also from the same state, although, motor vehicle compact may also revoke your license in your home state).

Therefore, even if an international driver’s license is valid in another country, it will not reinstate your driving privileges with the state where you got a DUI charge.

Tags: Arizona, California, driver's license, driver's privilege, dui, DUI lawyer, international driver's license, lawyer, Washington
Posted in dui, dui arizona, dui california, dui laws, dui washington | No Comments »

Can you fight a “Disorderly Conduct” Charge?

Monday, May 4th, 2009

Imagine having barbecue with friends, eating well, and drinking beers. Then, while talking with several neighbors on the sidewalk, a police officer parked and told you that someone called regarding a “disturbance.” Before long, you are “taken into protective custody.” Also, you are issued a “public intoxication” misdemeanor citation.

What can you do in this case if you know that you’re not drunk and you’re not causing any disturbance? Well, you can ask a lawyer and turn to the law.

If you’re arrested in California, their Penal Code Section 647 concerning “disorderly conduct” states that anyone found under the influence of liquor in a public place may be put into civil protective custody. However, there should be conditions. The individual should be unable to care for his safety or for other’s safety, and interferes with the free use of a sidewalk, street, or any public way.

In the case above, there are many arguments to fight the charge. First of all, if you said that you were not so intoxicated, how did the officer conclude that you were? Did he perform any field sobriety tests on you? Remember that being “legally drunk” while driving is different from just talking with neighbors outside your house. So will your neighbors testify on your behalf?

Also, take note that a criminal conviction requires proof beyond reasonable doubt from a unanimous jury. If misdemeanor is your charge, then you can still reduce that to an infraction, upon advice of your defense lawyer.

Tags: California, Criminal, Defense lawyer, disorderly conduct, disturbance, infraction, law, lawyer, misdemeanor, Penal Code Section 647, public intoxication
Posted in Criminal, Defense lawyer | No Comments »

Your California Divorce Questions Answered

Monday, April 27th, 2009

In California, at least one spouse needs to be a resident for six months before the couple can qualify for a divorce. However, there is a way for you to get California divorce even if your residency is less than this. Simply talk to a divorce attorney to find out how this can be done for you.

To help you further, here are some questions and answers that will shed light on California divorce:

• Should it be automatic for a couple to go to court if they want a divorce?

No, majority of cases can be carried out by just negotiating a deal with your spouse. However, if you cannot agree on certain issues, then it’s imperative for you to settle in court.

• What’s the difference between mediation and collaborative divorce?

Mediation involves a meeting between you and your spouse together with a trained mediator. This can be done on the phone or in person. The mediator is usually a knowledgeable divorce attorney who can work with you and your spouse and answer all your legal questions.

On the other hand, collaborative divorce involves two attorneys (one for each of the spouse) who will meet with them individually and advise them separately.

• How long is the timeframe of the divorce?

In California law, six months is the minimum requirement before you can be a legally unmarried person. Of course, you can also take longer than that. However, if the divorce was not competed within five years, the court usually closes your case.

Tags: attorney, attorneys, California, California divorce, collaborative divorce, Divorce, divorce attorney, mediation
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Answer your Questions in California DUI arrest

Friday, April 24th, 2009

According to Department of Motor Vehicles (DMV) in California, residents need to be aware of the general procedures performed during a DUI arrest. So here are some common questions from California drivers:

• -What will happen after a DUI arrest?

The law requires the officer to immediately forward to DMV a copy of suspension form (or revocation form) and the driver’s license together with a sworn report. DMV will automatically examine the test results, suspension or revocation order, and the report submitted by the officer.

You may request a hearing from DMV within 10 days upon receipt of the order. This action will be set aside if their review showed that there’s no basis for suspension or revocation. DMV will notify you in writing.

• -Is urine test still being done?

You will be required to submit to chemical test in order to determine the drug or alcohol content in your blood. A breath or blood test will be requested from you. However, a urine test is no longer available since January 1999 unless: you have a heart condition and taking an anticoagulant medication, you are hemophiliac, or both breath and blood tests are not available.

• -If ever the officer confiscated the driver’s license, how will it be redeemed?

At the end of your suspension or revocation, your driver’s license will be automatically returned to you. However, DMV will ask for a $125 reissue fee and proof of financial responsibility. If you’re under 21 years old, your reissue fee will only be $100.

Tags: California, DMV, dui, reissue fee, urine test
Posted in california dui, dui, dui california | No Comments »

Organizations against drunk driving in California

Sunday, September 21st, 2008

There are many organizations which are against dui and one of the more bigger ones is MADD. Mothers against drunk driving organization has been around for quite some time. It is an organization that protests against those who take drugs or alcohol when driving. They also try to teach younger teens about the consequences of driving under influence and the effect it can have on other peoples lives. Presentations are usually held in schools and effects of DUI are showcased to the teens. They feel that they can make a positive effect on the teens and make them less likely to commit this offense. Other organizations also do get involved in trying to discourage anyone from participating in an dui. Ads are made on tv showcasing the dangers of drinking and driving. In california both public and private organizations are involved in trying to promote the message not to commit dui violations.

Tags: California, california dui, driving under influence, dui
Posted in california dui, dui attorney, dui california, dui florida, dui illinois, dui laws, dui lawyers, dui new jersey, dui oregon | No Comments »

DUI Fines

Tuesday, September 16th, 2008

It has come to my attention that fines can be paid off through community service. If the fine is actually too much for an individual to pay, it can be payed off through credit or community service. Fines do range anywhere from $300-$1000, but for more serious offense it can be thousands of dollars. California courts allow for the individuals to pay off their fines by simply providing services for the state. Dui incidents in california are a common occurence and it should be noted that there are many people who end up doing voluntary services.

Tags: California, california dui, dui, dui fines
Posted in california dui, dui attorney, dui california, dui florida, dui illinois, dui laws, dui lawyers, dui new jersey, dui oregon | No Comments »

California Dui Case Procedures

Tuesday, September 16th, 2008

What to do when charged with an offense??? First step would be to hire an attorney in order to assist you with the charges. The court will expect you to find one yourself and make your case presentable prior to the court date. It is important to go over the case and discuss all the possible clauses, the evidence also can’t be undermined and must be fully brought up during the proceedings. The more evidence towards a case the better of one can be. In California attorneys can be found in almost every town and community, sometimes it is better to hire one with great dui and dwi experience. If attorneys have been associated with other california dui cases you might be able to spot them easily and use them in your own case.

Tags: California, california dui, driving under influence, dui, DUI ATTORNEYS, dui laws
Posted in california dui, dui attorney, dui california, dui florida, dui illinois, dui laws, dui lawyers, dui new jersey, dui oregon | No Comments »

California DUI

Monday, September 15th, 2008

DUI in California is a common theme that we see across the state.   People seem to forget that drinking and driving do not mix very good.   Accidents can and do happen, they are usually a result of alchocol or drugs.  Majority of dui causes that occur are simply bad judgement.   People who usually come from a party or an event have consumed some sort of alcohol, but they have not considered that this can lead to a dui.   DUI levels are measured on the amount consumed and can be measured by a breatllizer test or simple routine walking procedure.   Alcohol is not the only substance consumed, there are also numerous cases of drugs.   Throughout California we see numerous cases of both drugs and alcohol playing a role in the DUI offense.   Offense will be more severe if the level of consumption is higher.   Another major part of this is that convictions are made on even the slighest detection of crossing.  This means if you have failed the breathlizer test by even a little bit, it can become an offense.  California laws are very strict about this and DUI is a serious offense that not only threatens the driver, but those around him as weel.

Tags: California, california dui, driving under influence, dui
Posted in california dui, dui attorney, dui california, dui florida, dui illinois, dui laws, dui lawyers, dui new jersey, dui oregon | No Comments »

DUI Fines are very costly and expensive

Monday, September 15th, 2008

DUI Fines can be very expensive depending on the charges that have been set forth.   Driving under influence in California is a serious offense.  If there is felony commited with the offense the fine can become even more costly.  The laws clearly state that if additional damage has been inflected, the charges will increase.  Fines have been known to be sometimes over thousand dollars and this is not uncommon to see.   If the case is more serious it can cost thousands of dollars.  This however does not include the court case price and the actual process of hiring / paying for attorney in state of California.   The costs can actually add up to a lot more when all this is included.  The fines can be paid over time if the offender does not have the money right away.   Also in some courts the offenders can repay the fine by providing community services and doing work.  A normal dui fine will range any where from 300-800$ , of course if no damage or injury has been caused.  This amount could change drastically if damage or injury has occured. 

Tags: California, driving under influence, dui, dui california, dui fines, dui laws
Posted in california dui, dui attorney, dui california, dui florida, dui illinois, dui laws, dui lawyers, dui new jersey, dui oregon | No Comments »

California DUI growth concerns over minors

Saturday, September 13th, 2008

More minors are beggining to get involved in dui cases in recent years.  There is a growing convern over this because this will carry on in the future years more if it is not stopped.  It is important for communities to get involved in preventing this from happening. Many minors pick this up from their parents or relatives and some even from the media.   Parents should get involved with their children and talk about this because it is one of the issues that parents actually rarely discuss.  In movies we actually see some actors portraying it as a part of life but actually it is not.  It is an extremely dangerous and reckless thing to do.  Also the news sometime reports and it also gets picked up by younger individuals. 

Tags: California, dui, dui california, dui ohio
Posted in california dui, dui attorney, dui california, dui florida, dui illinois, dui laws, dui lawyers, dui new jersey, dui oregon | No Comments »

Common types of DUI offenses

Friday, September 12th, 2008

DUI offenses can be split into three common types found :

Misdemeanor DUI - This offense carries a fine and some jail time, there is also criminal record report added to your file.  Can also result in a prolonged period of jail time if convicted under more serious charges.

Felony DUI - This is a more serious offense and is a result of someone being injured or damage being done to something.  This can result in a federal prison sentence and can carry a fine.   Also this goes on your permanent record.

Vehicular Manslaughter  - Least common out of the three, this is usually an result of someone dying as a result of an accident.  It is an extremely serious offense and carry life in prison. 

Tags: California, california dui, driving under influence, dui
Posted in dui attorney, dui california, dui florida, dui illinois, dui laws, dui lawyers, dui new jersey, dui oregon | No Comments »

Finding the right lawyer in a California DUI case

Wednesday, September 10th, 2008

DUI law cases in california can take be enduring and hard fought.  It is important to always look for a good lawyer when it comes to a california dui.  A good lawyer will know how to protect you in court and try to find justice.  Many people choose to use public attorneys, but sometimes it is a better decision to look for someone more suitable.   A case in court can take on average anywhere 10 days and this does not include the criminal proceedings and bookings.   It is important to note that the arresting office always has stronger power in court and his opinion is much more relevant unless strong evidence is presented.  Evidence in the case must be also supported and substainiated in law offices of california.  Dui offenders must take events into context before choosing the right person to defend them in court.

Tags: California, california dui, drinking and driving, dui
Posted in dui attorney, dui california, dui florida, dui illinois, dui laws, dui lawyers, dui new jersey, dui oregon | No Comments »

Getting caught in Santa Barbara California DUI

Monday, September 8th, 2008

I want to share a story with everyone that happened to me last august.  I had a few drinks coming back from a party in Santa Barbara California, unfortunately i did not really want to take a car pool home.  The thought of being drunk never occured to me, i had only had two beers and never had this amount of alcohol influenced my decision making before.  My friends recommended that i take a car pool but i preffered to drive home since i was only 15 minutes away from the party.   I got into my car at around 3 o clock in the night and began to drive home when a car pulled up behind me.  Surely it was a cop and he signalled to me to pull over.   I pulled over and began to explain the situation but he wanted me to get out of the car.   At this point i was a little ticked off because he was suspecting a DUI!!  I did a breathlize and didnt pass,  he offered to take me home and told me to leave the car.  I did not want to fight him, as i had previous crime history in california and kept my mouth shut!  However i did tell him that i would fight this case in court, he didnt say anything back.   Do the breathlizers even work accurately???!?!!!?

Tags: California, california dui, driving under influence, dui
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DUI California Lawyers

Monday, September 8th, 2008

The best lawyers can be found locally through the phone book or internet.  It is important to find a local represantitive because they will be more familiar with the local laws.   Lawyers can be expensive and all this depends on how serious the conviction is.  If they feel like the case is impossible to win they will not even bother.   California laws are always examined by the top lawyers to find clauses which can help set you free.   There also other attorneys that are brought on in case you can’t afford your own.   This process shouldn’t be rushed when selecting an attorney, the right one can save you money and time.  They are directly responsible in dealing with all the proceedings regarding your case in the state of California.   If the sentence has been given to an individual, they may still proceed to fight the case once again.  It is very important to look for all possible ways out of a sentence and continue on investaging other possibilities when it comes to closure times.  Laws in california are strict and they must be followed, DUI is very serious offense and can harm not only one person but multiple persons.

Tags: California, driving under influence, dui, dui california
Posted in dui attorney, dui california, dui florida, dui illinois, dui laws, dui lawyers, dui new jersey, dui oregon | No Comments »

DUI in California

Monday, September 8th, 2008

DUI in california is a serious offense.  Driving under the influence can carry a lengthy and costly sentence.  Sentences can carry penalties and jail time within the stats.  Many people do get caught while intoxicated and claim they are not guilty.  Police officers in California determine if in fact you are guilty and proven.  Evidence must be established prior to a conviction DUI California charge and it also must be presentable in court if needed.  In court the attorney hired will be the one trying to reduce the sentence and get rid of all charges.  The evidence found with DUI has to be presentable and attainable for the charges to be carried out.  If the intoxication levels are quite high the sentence could carry a longer term or higher fines.  Levels of intoxication do vary at time when DUI has occured, at times the level of intoxication is not so high, but the arresting officer can make the claim that he is right and make the conviction.  Everyone has the ability to stand up in correct and fight their convictions.  It is also very important to hire an attorney that understands the situation and county/city within California.  For example, different towns may have different regulations towards DUI in California.   The best way to find this information is to look on the internet or local library.

Tags: California, driving under influence, dui, dui california
Posted in dui attorney, dui california, dui florida, dui illinois, dui laws, dui lawyers, dui new jersey, dui oregon | No Comments »

DUI Laws Blog is open!

Wednesday, August 6th, 2008

This blog will feature DUI laws in all 50 states of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia*, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming

Tags: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia*, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming
Posted in Uncategorized, dui attorney, dui california, dui florida, dui illinois, dui laws, dui lawyers, dui new jersey, dui oregon | No Comments »