California’s bail system has changed significantly in recent years. One of the most important developments came from the California Supreme Court’s decision in In re Humphrey, which established important constitutional limits on the use of money bail. The decision did not eliminate bail. Instead, it changed how courts must approach pretrial release when a financial …
Ask a DUI Lawyer: Can the police impound my car for 30 days?
Ask a DUI Lawyer: Can the police hold my car in impound for 30 days? Driving without a license is a criminal offense in California. The offense will be charged as an infraction or a misdemeanor. The severity of the charge will depend on the facts and circumstances of the situation. If someone is stopped …
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California Changes Penalties for Driving Without a License
Effective January 1, 2023, the penalty for driving without having a valid license has been reduced. The reduction applies in specific scenarios when an individual has not been issued a valid California driver’s license. Before the amendment to the law, California law prohibited a person from driving a motor vehicle on a highway unless that …
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Handling a California DUI Arrest when you have an Out of State Driver’s License.
How to handle a California DUI arrest when you have an out-of-state driver’s license? It happens. A driving under the influence arrest occurs when you are in California. Yes, this will be an inconvenience. No, your world will not come to an end. If you have found yourself in this unfortunate situation, having a clear …
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Sealing Felony Convictions (SB 731)
SENATE BILL 731 (Sealing Felony Records) California lawmakers have proposed one of the country’s most sweeping bills that would allow some Californians with criminal felony convictions the unique opportunity to have their records sealed after four years. The proposed legislation would apply to offenders who have managed to maintain a clear record for a set …
How Long Is Probation in California?
California significantly shortened probation terms when Assembly Bill 1950 took effect on January 1, 2021. Before AB 1950, people convicted of many offenses could remain on probation for substantially longer periods. Today, the general rule is: Most misdemeanors: probation generally may not exceed one year. Most felonies: probation generally may not exceed two years. Those …
California Remote Court Appearances, Penal Code section 977
For the past two years, California courts have authorized remote proceedings. Remote proceedings provided a safe and effective way to handle the large volume of criminal court cases during the pandemic. In addition to providing a safe way to handle court cases, the remote proceedings allowed attorneys to effectively work on cases without having to …
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New ruling impacting DMV license suspensions
Currently, the California Department of Motor Vehicles holds administrative hearings to determine if an individual’s driving privilege should be suspended following an arrest for driving under the influence. These proceedings have been taking place for years in California. At the hearings, the Department of Motor Vehicles appoints an employee who acts as both the prosecutor …
California New Misdemeanor Diversion Program
California’s Misdemeanor Diversion Program The new law allows a judge over the objection of the prosecuting attorney to offer diversion to a defendant pursuant to the terms of Penal Code section 1001.95. Those terms can include a number of conditions that the judge deems appropriate under the circumstances, and last for a period of up …
DUI penalties may soon include mandatory ignition interlock devices in California
The program has shown success in Los Angeles, Tulare, Alameda, and Sacramento counties and as a result, Senator Hill looks to expand the program throughout the entire state. In 2010 Assembly Bill 91 was passed which made the installation of an IID a possible punishment for first-time DUI convictions in four counties in California. Offenders …
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