Posted by William Walraven | Jul 28, 2022 |
Eyewitness testimony can be some of the most compelling evidence in a criminal trial. However, they can also be some of the most unreliable forms of evidence because eyewitnesses often remember things differently than they actually happened.
What are the problems with eyewitness testimonies, and...
Posted by William Walraven | Jul 15, 2022 |
Shoplifting is defined as the willful concealment of retail merchandise. It is not limited to taking an item out of the store without paying for it, which is the most common form of shoplifting. Some people switch tags to pay less for a product than its actual price.
It seems ingenious, but it's...
Posted by William Walraven | Jul 12, 2022 |
California drivers accused of driving under the influence (DUI) offenses have to deal with numerous possible penalties. For example, there will be fines and possibly jail time or probation after a conviction or guilty plea. There are usually also licensing consequences.
The exact penalties you fa...
Posted by William Walraven | Jul 05, 2022 |
The July Fourth holiday weekend is one of the most dangerous times to be on the road. When people celebrate this holiday with friends and family, they often like to drink alcohol, and some then drive. National Highway Traffic Safety Administration (NHTSA) statistics for 2020 show that alcohol imp...
Posted by William Walraven | Jun 21, 2022 |
There's an old saying that “one bad apple spoils the batch.” In other words, you should always be careful who your friends are. If you know someone who happens to use drugs — even if it's unknown to you — you could be charged with possession just by being around them.
Here's what everybody shoul...
Posted by William Walraven | Jun 06, 2022 |
You may be walking down the street when you run across a lost wallet. You open it up and find a few gift cards, a movie ticket and a few twenties. You think to yourself, what harm would come to you if you took the wallet – after all, someone else will just take it if you don't.
Some laws consider...
Posted by William Walraven | May 25, 2022 |
For some people, recreational use of drugs starts becoming an addiction. They may find themselves making bad decisions to support their habit.
They may even start considering selling drugs as a way to make money. What are the consequences of a drug conviction in California?
Difference between “p...
Posted by William Walraven | May 20, 2022 |
When police officers catch you with prohibited drugs or controlled substances for which you do not have a prescription, they will arrest you and charge you with a crime. Usually, having a drug that you shouldn't will lead to a possession charge. While any drug crime on your record is a serious bl...
Posted by William Walraven | May 11, 2022 |
Drinking and driving is a serious problem throughout California. To help eliminate some cases, police and other law enforcement officers set up DUI checkpoints.
If you encounter a checkpoint, it's good to know what you should do and what rights you have.
Don't illegally avoid the checkpoint
Whe...
Posted by William Walraven | Apr 26, 2022 |
You know that marijuana is legal for both recreational and medical use. This is vastly different than things have been in the past – prior to 1996 in California, for medical use – and it means that a lot of minor drug crimes are no longer leading to arrests.
But is there anything you should know ...
Posted by William Walraven | Apr 15, 2022 |
Shoplifting, in the most basic sense, means that a person deprives a store owner of the profit from the merchandise they're selling by taking the merchandise or changing the price tags on it. People in California may have been hearing about shoplifting being decriminalized.
This doesn't mean tha...
Posted by William Walraven | Mar 27, 2022 |
Alcohol tends to lower people's inhibitions and affect their ability to reason – which is why alcohol is heavily associated with everything from bar fights and thefts to other poor choices.
Can intoxication ever be used as part of your defense if you're charged with a crime? Like most things in t...
Posted by William Walraven | Mar 23, 2022 |
There are plenty of myths that tell you what you should do when you're drunk but that could get you into trouble with the law. For example, you probably have heard that you should just sleep off intoxication in your vehicle if you're drunk, but should you?
The answer to that is a resounding, “no....
Posted by William Walraven | Mar 17, 2022 |
Just about anyone who has a teenager worries about what happens when their kids or their kids' friends get behind the wheel of a car. No one wants to think about their teenager getting a DUI, but preparation is essential if it happens.
If a police officer catches your teenager driving under the ...
Posted by William Walraven | Mar 03, 2022 |
Police officers can't initiate a traffic stop just because they feel like it. Instead, their reason for the stop has to meet or exceed the standard of reasonable suspicion. This isn't as strict as probable cause, so you shouldn't confuse the two standards.
It's sometimes possible to call the rea...
Posted by William Walraven | Feb 16, 2022 |
Driving under the influence (DUI) is one of the most common criminal offenses in the state of California. If you are convicted of drunk driving, you will be punished in accordance with California DUI law. Depending on the severity of the offense, you may be fined, jailed or have your driver's lic...
Posted by William Walraven | Feb 02, 2022 |
When most of us think of reasons that people steal, we often think of people coveting items they cannot afford or stealing to resell the items elsewhere. Those kinds of motives are pretty much within people's control. However, some reasons for stealing are linked to a disorder characterized by ou...
Posted by William Walraven | Jan 17, 2022 |
California may not have been the first state to fully legalize marijuana, but it still has a reputation for being a state with a liberal policy on this popular drug. Now that legalization has taken effect for all adult use, some people mistakenly believe that they cannot face criminal charges for...
Posted by William Walraven | Jan 14, 2022 |
It's never a good idea to flee the scene of an accident, but sometimes people get scared or don't realize that a crash happened at all. If you know that you were the cause of a collision or were involved in a hit-and-run crash and left the scene, now is a good time to contact a defense attorney a...
Posted by William Walraven | Jan 05, 2022 |
Imagine this scenario in which one East Coast man unwittingly found himself: Despite not drinking a drop of alcohol, he displayed all the typical signs of intoxication. He became belligerent, slurred his words and even blacked out and didn't remember his words or actions.
Despite his being a teet...
Posted by William Walraven | Dec 21, 2021 |
Suppose your breathalyzer test results indicated that you are well above the legal limit, or you performed miserably on the field sobriety tests administered by the police. You'll definitely be arrested, but there's still no guarantee that the police will make their case against you. This is beca...
Posted by William Walraven | Dec 06, 2021 |
Domestic violence charges are among the most common violent offenses prosecuted in California. People can face charges because their spouse, child or roommate made a report to the police. They can also wind up arrested and charged with a crime because a neighbor or stranger contacted law enforcem...
Posted by William Walraven | Nov 19, 2021 |
Prescription medications are legal, which may give people a false sense of security when using those medications. Some people assume that they can't get in trouble for a drug if they have a prescription for it or have had a prescription for it in the past.
However, many people who get arrested fo...
Posted by William Walraven | Nov 15, 2021 |
Chemical breath tests are a standard part of many driving under the influence (DUI) arrests. Police officers will usually have someone perform a breath test after a failed field sobriety test. The results of the chemical test may provide the grounds for an arrest and then later for a DUI charge a...
Posted by William Walraven | Nov 06, 2021 |
Although not a violent offense in most cases, theft charges still require a serious approach on the part of defendants. If they do not take steps to defend against these charges, they could face significant legal consequences.
Those that want to fight against the charges should begin exploring de...