What the District Attorney Does Not Want you to Know about a DUI
You Can Fight a DUI Allegation
The prosecutor and the police would have you believe that a DUI is a cut and dry crime. They want you to believe that the best thing is to rely on the system, give up the rights guaranteed to you by the Constitution and plead guilty. This is simply not true!
The fact is, there are many inappropriate arrests and mistakes are often made. Many people who are accused of DUI can successfully fight it, sometimes without even going to court.
When people come before the court without an attorney, they are at a …
Indecent Exposure
You may have heard someone claim they ended up on the sex registry because they got caught peeing in public – be it during a long road trip or after a wild night on the town. But, does this actually happen?
Penal Code section 314 criminalizes “indecent exposure.” Indecent exposure is typically charged as a misdemeanor, but may, in some cases, be charged as a felony. If convicted of a misdemeanor violation, you face up to a year in jail. Perhaps most significantly, an indecent exposure conviction is a Tier I offense, requiring 10 years of registering as a sex …
What is Plea Bargaining and Is it a Good Option for Me?
Plea Bargains in California
If you have been charged with a crime in California, you may be presented with a plea bargain at some point during your case. A plea bargain may be the result of negotiations between two parties or might be due to weaknesses in the prosecution’s case. Either way, a plea bargain should not be accepted unless it has been reviewed by an experienced attorney.
At Chastaine | Jones, we represent individuals who have been charged with criminal offenses throughout Gold River and Sacramento County. Our experienced legal team can help protect your rights and ensure you …
Arraignments within 48 Hours No Exceptions – New AB61 Passes out of Committee.
In California, if a person is arrested on Friday night, or a weekend, they can be held for more than the required 48 hours before they are brought to court. A new law would change this.
Arraignment is a legal proceeding in which a defendant appears before a judge to hear the charges against them and enter a plea of guilty, not guilty, or no contest. In California, arraignments are typically held within 48 hours of an arrest, although this timeline can vary depending on the circumstances.
During the arraignment, the judge informs the defendant of their constitutional rights, such …
Which Crime Is California Toughest On?
Data Shows State Heavily Prosecutes Violent Offenses
In an effort to reduce recent upticks in criminal activity, California has taken a tougher stance on certain crimes. Violent crimes, for instance, are heavily prosecuted in the state. With more pressure on the state and law enforcement agencies to crack down on crime, it is likely that there will be more arrests over the coming years.
At Chastaine Jones, we are experienced criminal defense lawyers. Our firm works tirelessly defending the rights of our clients. We know that anyone can be in the wrong place at the wrong time or end up …
What you need to know about your right to remain silent
If you’re under investigation or suspect that the police will come knocking soon, now is the time to start thinking about your criminal defense. This is because far too many people end up talking themselves into trouble when they interact with the police well before any formal criminal charges are levied against them. With that in mind, it’s imperative that you know how to interact with the police and understand your rights.
What is your right to remain silent?
We’ve all seen the television shows and movies where individuals are told that they have the right to remain silent. But …
Since pot is legal now, can I fly with it?
California has legalized marijuana, the current administration has pardoned many simple marijuana possessions, and the U.S. Food and Drug Administration legalized CBD products with less than 0.3% THC. Although it looks like weed is legal at all levels for a Golden State resident, does that mean you can travel with it?
Can I bring weed on an airplane flight?
No. Marijuana is still a Schedule 1 illegal narcotic federally. Since air travel is regulated by the federal government, marijuana is illegal on airplanes.
Will I be arrested for bringing marijuana on a plane?
In California, the answer is “no.” Transportation …
Defending against drug charges in California
If you have been charged with drug possession or distribution, you are potentially looking at years in prison, thousands of dollars in fines and a permanent criminal record. As a result, you may have a difficult time finding employment or re-entering the community once your sentence has been served.
If you are facing charges for a drug crime, you should consider consulting with a criminal defense attorney to discuss your options. Your attorney may choose one of the following defense strategies.
- Illegal search and seizure: Under the Fourth Amendment, officers generally must have a warrant to search your
Murder or Involuntary Manslaughter?
Under California law, the crime of murder is defined as: “Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.” (Pen. Code, § 187.) In order to be convicted of murder, a necessary element the prosecution must prove is that the defendant acted with malicious intent.
Malice may either be expressly shown by the evidence – for example, if there is evidence of premeditation, such as planning out a murder – or, it may be implied, such as in circumstances where the defendant’s conduct creates a grave risk of harm, although the defendant did not …
Why attacking witness credibility may be key to your case
The evidence being presented against you in your criminal case might be overwhelming. But regardless of what the prosecution is prepared to present against you, you might have strong criminal defense options that, if properly utilized, will better protect your interests. Among these are seemingly minor tactics, such as attacking witness credibility.
Why you should be concerned about witness credibility
Witness credibility is a big part of your case. This is because the deciding factor in your case, whether that be the judge or jury, will give more weight to the testimony of witnesses who seem credible and thus reliable. …