The difference between a felony and a misdemeanor is a frequently asked question. The primary difference between a felony and a misdemeanor is the severity of the crime. Most people understand that a misdemeanor is a less serious offense than a felony. A misdemeanor may include up to a year in jail, fines, and forfeiture. …
California Gun Charges & Firearm Enhancements
California has some of the country’s most extensive firearm laws. A gun-related arrest can arise from something as straightforward as an allegedly unlawfully carried firearm or from a much more serious allegation involving the use of a gun during another felony. These cases can also involve overlapping charges and sentencing enhancements. Understanding the difference between …
California Gun Carry Laws: Concealed, Loaded & Open Carry
California firearm laws have changed substantially over the years. Older references to Penal Code sections such as 12021, 12025 and 12031 no longer reflect the current organization of California’s firearm statutes. Today, some of the most important laws governing the carrying and possession of firearms include Penal Code section 25400, which addresses carrying concealed firearms, …
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Marijuana DUI
Everyone knows that it is illegal to drive while under the influence of drugs and alcohol based on California Vehicle Code 23152(a) VC. Marijuana DUI is a possibility, even if you are a medical marijuana user. California still makes it illegal to drive while under the influence of drugs, including marijuana, regardless of whether or …
When Does a DUI Become a Felony in California?
When does a DUI become a felony in California? This is a common question and multiple factors can contribute to a DUI charge becoming a felony. In California, these factors include: As the defendant, if you have had three or more DUI convictions within the previous ten years, you will be charged with felony DUI. …
Traffic Safety Laws
The Advocates for Highway and Auto Safety has given California a Green ranking for implementing key traffic safety laws. The organization feels that the state has done a good job in keeping motorists safe. The Advocates for Highway and Auto Safety release an annual roadmap of state highway safety laws, which compares and rates states …
What to Do After a DUI Arrest in California
If you have been arrested for DUI in Fresno or elsewhere in Central California, there are several things you should do promptly to understand the charges, protect your driving privileges, and preserve information that may be important to your defense. 1. Pay Attention to the 10-Day DMV Deadline One of the most important deadlines following …
Warrantless DUI Blood Tests Draw Concern From Supreme Court
WASHINGTON — The Supreme Court appeared reluctant Wednesday to allow police to routinely order blood tests for unwilling drunken-driving suspects without at least trying to obtain a search warrant from a judge. The court heard arguments Wednesday in a case about a disputed blood test from Missouri, against the backdrop of a serious national problem …
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DUI Causing Bodily Injury
DUI causing bodily injury or death is a serious matter that could lead to a felony DUI conviction, depending on the circumstances of the accident. In these cases the prosecution will seek to prove that the driver of the vehicle was under the influence of alcohol or drugs (whether legal or illegal) at the time …
Avoid the 21 Program
Over the holiday season local law enforcement participated in the Avoid the 21 program. Representatives from all 21 participating agencies joined together to target drunk drivers. The program began on December 14, 2012 and ended at midnight on January 1, 2013. The Avoid the 21 program resulted in the arrests of 155 suspected drunk drivers …