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Expungements 101: Are You Eligible to Have Your Record Expunged?

Expungements 101: Are You Eligible to Have Your Record Expunged?

Expungements
Criminal convictions can deeply affect all aspects of your life, from being approved for a loan to obtaining a job. Without an expungement, these convictions will remain on your record forever. Fortunately, there are many options available for people to petition the court to seal or dismiss their arrest record. If you are able to have your record expunged, the record is no longer accessible to the public and you can legally answer no to any inquiries about whether you have been charged with a crime. If you are interested in obtaining an expungement, is it vital to work with a San Jose criminal defense attorney who understands cases like yours. What are the eligibility requirements for an expungement? When evaluating your case for expungement, the court will examine the…
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Top 3 Most Common Crimes in California

Top 3 Most Common Crimes in California

Criminal Defense
While there are many different crimes that people are charged with every day in the state of California, there are several that happen more frequently than others. Being charged with a crime can be a scary experience, especially if it is your first-time offense. To better understand the most common types of crime, we have detailed the top three offenses below. If you or a loved one are facing one of these charges or have committed a different type of crime, it is vital to work with an experienced criminal defense attorney at our San Jose office. 1. Drug Offenses: The most common type of crimes committed in California are drug offenses. Whether it is buying, selling, or trafficking illegal substances, thousands of people are arrested on drug-related crimes each…
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4 Frequently Asked Questions about DUIs

4 Frequently Asked Questions about DUIs

DUI
Each year, thousands of people in California are stopped for DUIs. Driving under the influence of drugs and/or alcohol has become a more frequent occurrence, leading to an increase in accidents and subsequent arrests. Many people, especially first-time offenders, do not understand the terminology surrounding a DUI case or what the ramifications are of being convicted. Below are some of the most frequently asked questions about DUIs that we have heard at our San Jose criminal defense law firm. Q: What is the difference between a DUI and a DWI? A: DUI stands for driving under the influence, whereas DWI stands for driving while intoxicated or impaired. Both of these terms are used to refer to the act of driving while under the influence of drugs or alcohol. Q: What…
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Understanding Weapons Charges in California

Understanding Weapons Charges in California

Weapons Offenses
While the right to bear arms is every American citizen’s legal right under the U.S. Constitution, there are still regulations in place about how and when people can use these weapons, especially firearms. California state laws surrounding weapons are complex and can be confusing for people being charged with a weapons crime. If you have been accused of committing a crime involving a weapon, you may face steep penalties and fines, so it is in your best interest to hire a San Jose criminal defense attorney to represent you in your case. Penalties for Weapons Offenses in California Weapons offenses can range in severity resulting in misdemeanor or felony charges. The most frequent type of weapons charge in California is unlawful possession of a firearm-meaning someone has a gun without…
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What Happens if You Violate Probation in California?

What Happens if You Violate Probation in California?

Probation Violations
Probation is often offered to defendants throughout California as an alternative punishment to time in jail or prison. As a more lenient form of punishment, defendants are expected to understand that probation is a privilege, not a right, and therefore must uphold the terms of their probation. Whether you are performing informal or formal probation, there are consequences, sometimes severe, for probation violations. Informal vs. Formal Probation There are two types of probation that can be assigned to a defendant, depending on the severity of his/her crime, including informal and formal probation. Informal probation is unsupervised and only requires periodic court appearances to let the judge know about the progress of the probation. Informal probation is generally granted to people who have committed non-violent misdemeanors. Alternately, formal probation requires registry…
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Sex Crimes 101: Which Crimes Require Registration as a Sex Offender?

Sex Crimes 101: Which Crimes Require Registration as a Sex Offender?

Sex Crimes
Sex crimes are a common offense throughout the state of California. The level of punishment for each crime depends on the severity of the crime, and the criminal history of the defendant. One of the most common consequences of committing a sex crime is having to register as a sex offender. Once people register as a sex offender, they are subject to several restrictions on where they can live, work, and level of privacy they are allowed. There are several types of sex crimes which may require registration as a sex offender including: • Indecent Exposure: When an individual is accused of exposing themselves in public, whether they were asked to, or forcibly had someone watch, he/she will have to register as a sex offender. In California, people who are…
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5 Things to Do Immediately After Being Stopped for a DUI

5 Things to Do Immediately After Being Stopped for a DUI

DUI
If you have recently been pulled over by the police and accused of driving under the influence of drugs and/or alcohol, you may be frustrated, scared, and if falsely accused, very angry. It is important to keep your calm during this stressful time, and remember you have the right to legal representation in your case. If you have been accused of a DUI, it is important to take these 5 steps immediately after the incident. 1. Write down every detail: Most DUI cases are won or lost based on the details. After being stopped for a DUI, it is imperative to write down everything you can remember from the stop including the location and time you were stopped, the reason the officer gave for stopping you, whether or not a…
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Crucial Factors to Remember During a Domestic Violence Case

Crucial Factors to Remember During a Domestic Violence Case

Domestic Violence
If you have been accused of domestic violence, you will face very serious charges, whether these claims are accurate or unfounded. Domestic violence cases are legally and emotionally complex, and will dramatically change the lives of the accused, their partners, and children. If you are facing legal action from a domestic violence accusation, it is important to remember these key factors about your case. 1. Domestic violence charges will disrupt family life: Whether you have been given time in jail or restricted visiting rights, parents accused of domestic violence will have a harder time seeing their children when they want to. The legal process can disrupt family life, and all parties involved may suffer emotional trauma and stress. 2. Most domestic violence claims are on a he-said-she-said basis: One of…
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4 Key Reasons to Hire a Criminal Defense Attorney

4 Key Reasons to Hire a Criminal Defense Attorney

Uncategorized
If you have been charged with a crime, you are likely feeling overwhelmed and a bit scared. Facing legal proceedings can be extremely intimidating, especially if you plan to represent yourself. With your future being on the line, though, it is worth it to hire a tenacious criminal defense attorney to represent you in the Bay Area and here’s why. Firm understanding of the law: The legal proceedings of a criminal case are complex, and without legal experience or knowledge, you may struggle to understand everything happening. Hiring a criminal defense attorney, however, enables you to have all of his/her knowledge on your side as you fight to clear your name or obtain a reduced sentence. Ability to analyze your case: An attorney can review your case, analyze the prosecutor’s…
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