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Roseville CA Criminal Defense Law Blog

How far 'off the body' should you keep a concealed weapon?

California law makes it a crime to carry a weapon, like a firearm or a stabbing knife, on your person. A 2013 criminal case ruled that this means the weapon cannot be specifically “on the body or in the clothing worn on the body.” The judge who wrote that decision also went on to clarify that this does not include instances in which it is in a “carried or attached container.”

The 2013 case makes sense. It is not illegal for you to own a gun as long as your rights are not restricted under any other law. Thus, you must have a legal way to transport the weapon. A court recently used the 2013 case to influence its decision concerning a man who had fled from police with a gun in his backpack. The court overturned the man’s conviction.

Tags: Weapons Crimes

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Cyber-bullying can lead to harsh legal consequences

The rise of the Internet in the past few decades has also led to the expansion of Internet-related crimes. Online activities are no longer as incognito as they once seemed. Anonymous usernames, avatars and password-protected accounts aren’t enough to shield users from the real-world consequences of online crimes.

One relatively new type of Internet crime – cyber-bullying – has garnered national attention, especially in light of highly publicized cases. Cyber-bullying is a broad term that includes harassment, stalking, threats and other malicious conduct advanced through any electronic means – computers, mobile phones, tablets, email, websites, instant messaging, text messages, social media and the like. It can involve direct messages sent privately to the victim or public postings spread to a group of people. Additionally, it can involve identity theft, impersonation or invasion of privacy.

Felons have tough road to travel in order to vote again

You probably don't think about this much, but someone who is incarcerated loses their right to vote in every state other than Vermont and Maine. The right to vote is one of many things that a felon loses when they are convicted of a crime, but with this specific right, it is notoriously difficult for the individual to regain his or her ability to vote -- and even when they do regain their right, it can be rife with complications.

But the debate is an interesting one. It has some deep-lying political elements to it, but in general the side that is in favor of allowing former felons to vote say that the individuals have already paid their debt to society in the form of jail time, and that having a system that disenfranchises felons is far more complicated than having a fluid system that allows those on the outside of prison walls to vote.

How to Know When You Need to Call an Attorney

You shouldn't wait until you are in trouble before soliciting the services of a lawyer. Sacramento residents and those across the nation who are in need of immediate legal assistance know the importance of retaining an attorney as soon as possible. Here are some specific situations where it's imperative you call an attorney. Trouble with the Law
If you get into trouble with the law and are taken off to jail for whatever reason (DUI, tax fraud, domestic violence, or other criminal activities), you will need to speak to an attorney. You have the right to remain silent until you do. This means you don't have to answer any questions posed by law enforcement. If you don't have a specific lawyer to call right away, ask for a referral to one who is experienced and trustworthy. Accident or Injury
Once you have suffered any type of bodily harm in a car accident, you should seek legal counsel. You should also call for legal assistance if you have been injured on the job. Estate Planning
For planning your estate, seek the help of an expert lawyer. Sacramento has many estate planning professionals who are experienced in that particular field of law. Business Contract
If you are in the process of engaging in any type of business endeavor that involves signing a contract, you should contact a corporate attorney. Anything that has to do with large sums of cash and long-term business commitments requires the specialized knowledge of a lawyer. Sacramento attorneys are available for those who live in the area. Divorce
If you are legally separated and have decided to get a divorce, it is time to talk to a divorce professional, especially if the divorce is being contested or if assets need to be divided. Be sure to seek the help of a lawyer. Sacramento attorneys will help you to resolve the pending issues at hand. If you find yourself in any of these situations, contact an attorney! Most legal professionals will see you for the initial consultation to discuss your case in more detail. Bring along as much evidence and documentation as possible to the scheduled meeting. 

Material witnesses held without charge for more than 2 years

An incredible story out of Oregon demonstrates that the criminal justice system doesn't always respect your rights or your liberty -- and for this reason, anyone accused of a crime needs to get criminal defense help to ensure that they are protected from this type of unfortunate situation.

On this day two-and-a-half years ago (900 days ago, to be exact), two people were arrested and accused of hindering the prosecution in a case that involved a murder. One of the men arrested is the father of the other person charged. These two people have been held as material witnesses in the case.

Don't let the justice system run you over after a DUI

Drunk driving seems like such an ubiquitous charge nowadays, and there's a reason for that. Many states, prosecutors, and district attorneys are pushing back against drunk driving, and this has resulted in people who commit this offense to be pursued and punished in very harsh ways. The penalties associated with drunk driving are already harsh enough, even without bolstered laws or overly-exuberant prosecutors.

Someone who is charged with driving under the influence will likely lose their license, and they may face some extensive jail time. They will also be subjected to fines and court fees that can financially cripple the individual. In addition, there will likely be some educational or therapy programs that you have to complete, and an order may be handed down that forces you to install an ignition interlock device on your vehicle.

What does it mean to be charged with aggravated assault?

When you hear the phrase "aggravated assault," what do you think of? You probably imagine someone who has attacked someone, but who is also really upset while it's happening. Though that may seem comical, that would seem to be the truth if you interpreted it literally. To the contrary, aggravated assault is a charge that depends on the circumstances of the crime in question.

Aggravated assault is a charge filed against someone who has assaulted another person, and then the charge is elevated to "aggravated" depending on the circumstances and seriousness of the crime. What this means is that the intent of the offender and the status of the victim are important -- and it also means that if a weapon was involved, that the charge could be filed against the offender.

Debt after criminal fines can cause unfortunate cycle

Imagine this scenario: you are driving to work one day but you are going a little too fast. The police pull you over for speeding and they give you a ticket -- but wait a minute. It turns out you forgot to renew your license. Now the police throw more fines at you and you're required to appear in court, at which point you tell a judge you are unable to pay the exorbitant fines that have suddenly piled up.

So what does the court do? It puts you on a 30-day period of probation and turns your case over to a for-profit company that collects fines and deal with probation relating to violations of the law. Well guess what? That company has fees and fines if you aren't able to pay, and since you still can't pay, you fail your parole. You're still in debt, and now you're in a jail cell.

DMV suspensions for drunk driving in California

If a driver, during a traffic stop here in California, tests at or above the legal limit for blood alcohol level (0.08 percent for those 21 and over), criminal charges are not the only thing they can be facing. They also will generally face an immediate administrative action from the California Department of Motor Vehicles.

The administrative action in question is a license suspension. How long does a DMV driver license suspension for testing at or over the limit last? It depends on whether it was the driver's first offense. For drivers 21 and older, the suspension length for a first offense is four months. If, however, the driver had a prior offense within the past 10 years, the suspension length rises to one year.  

Accusation of sex crime necessitates defense for the accused

When you hear the phrase "sex crimes," what do you think of? If we had to guess, you are probably picturing a person who is a "monster" -- someone who did a terrible thing and deserves to be punished for the rest of his or her life as a result of the offense he or she committed. And there are certainly people out there who are like that. But there are also many people out there who have been accused and/or convicted of a sex crime that are by no means "monsters."

There is a lot of nuance to the penalties attached to sex crimes, just as there is a lot of variety in terms of the types of sex crimes that can be committed. What is not in question is the terrible nature of sex crimes -- but the fact that everyone is treated like the worst sex crime offender ever when they are accused, even if they simply don't fit this description.

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