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Author: Bart Kaspero

Bart Kaspero Law > Articles posted by Bart Kaspero (Page 2)

5 Things You Need to Do If You’re Arrested for a DUI

Highway Patrol Police Car Next to Alcoholic Drink and Keys Under Spot Light.

There are few worse ways to end an evening than with an arrest for a DUI. Whatever the particular circumstances of your DUI arrest might have been, and regardless of whether you thought the police officer was fair in making the arrest, the situation anyone arrested for DUI is always the same: you face serious consequences if convicted for your DUI. This can include jail time, expensive fines and court costs, the installation of an ignition interlock device on your car, and skyrocketing insurance rates that can cost you tens of thousands of dollars over the years. You will also...

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What Types of Criminal Charges Can Be Expunged in California?

law

People seek expungement of past criminal convictions for a variety of reasons in California. They might not have contested a charge in their earlier years, but did not realize how much that criminal conviction would affect their career and/or reputation in later years. Or maybe they did contest the charge and were nevertheless found to be guilty, and now they want to take advantage of California’s relatively progressive expungement laws to prevent any unnecessary obstacles in their careers (e.g. denial of licenses, failing background checks, etc.). It is important to understand that expungement does not mean that you are asking...

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Can You Be Charged With Making Criminal Threats Online?

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We often hear about how the internet has changed the way we communicate with one another. It’s just a fact that, for most of us, how we talk to people online that we do not know personally and who are far removed from us - and who may have no idea who we are or where we reside - is different from how we talk to coworkers, friends, and people we might encounter in public. And sometimes we say things online that are not meant to be taken seriously and/or literally. We could be making a joke or using an...

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Johnny Manziel’s Domestic Violence Charge Dismissed Via Agreement with Prosecutor

criminal record dismissed

Johnny Manziel is barely 24 years old, but his name has been in the headlines for years. He won the Heisman Trophy at age 20 and was a first-round draft pick for the Browns in 2014, but was released a year later due in part to his numerous off-field run-ins with the law. His latest controversy has been a domestic violence charge brought against him by Texas prosecutors after he was accused of striking his girlfriend in public in January 2016. Manziel faced up to a year in prison for the misdemeanor charges and a $4,000 fine, but it appears...

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Can the Police Search My Car for Marijuana or Alcohol?

Marijuana and a gavel together for many legal concepts on the drug.

If you are a California resident, you no doubt have heard by now that California voters have legalized the recreational use and possession of small amounts of marijuana, effective immediately. And alcohol has of course been legal since the end of Prohibition. So why would a police officer ever have reason to search your car or vehicle for evidence of marijuana or alcohol? Because numerous situations remain in which you might face criminal charges based on the presence of alcohol or marijuana in your vehicle, including: Driving while intoxicated Driving under the influence of alcohol (DUI) Open container laws Possession...

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What Are Your Legal Rights at a DUI Checkpoint?

California law enforcement has been cracking down on intoxicated driving in recent years, and one commonly used tactic in doing so is through DUI checkpoints. Several thousand DUI checkpoints are set up each year in California, with well over 5,000 individuals being arrested for a DUI crime each year at those checkpoints. A single DUI conviction can result in jail time, high fines, court fees, and increased insurance rates in the tens of thousands over the years. Thus, it is important to understand what rights you have at a California DUI checkpoint. DUI Checkpoints are Constitutional Normally, a police officer must have...

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How to Expunge a Criminal Record in California

Testify in Court

If you are seeking a new job, career, license, or other position involving a background check, or you simply want to protect your reputation and legacy now and in the future, there are steps you can take to expunge a criminal record in California. Not all crimes can be expunged, and expungement can be a multi-step process, but the rewards of expungement often make it worth it. Here are the basic steps on how to expunge a criminal record in California. Collect All of Your Criminal Records For most people seeking an expungement in California, the goal is to expunge as many...

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How a Current/Pending Criminal Charge Can Affect Your Employment

Criminal Records

Criminal charges can effect some of the most important aspects of our lives and during the most vulnerable time.  Where we live, who we meet, and whether you get the job you really want.  It is difficult to describe just how serious a brief moment in the past can create anxiety in so many situations and for so long.  One area where most people fear their criminal record will jeopardize their well-being is employment. California state law provides extensive protections for individuals who have been convicted of crimes in the past but have taken steps to either expunge their record, have...

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Are There Limits to Expunging Your Record?

A gavel and folder represent legal documents.

California offers one of the most gracious expungement programs in the country, and it is a principle of California state law to provide a second chance to people who have made mistakes in the past. But that does not mean that the process is necessarily simple, that any and all criminal records will be erased, or that you will be in the exact same position as you were before. While the benefits of expungement are enormous - namely the reputational and career benefits you will experience - it’s good to go into the process clear-eyed and with the right resources...

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DUI on 4th of July

DUI on the 4th of July A lot of images come to mind with our Day of Independence.  To name one of them: Drinking in celebration of our Freedom.  While most Americans can do this with moderation, others make the mistake in timing their decision to drive.  There isn't anything inherently evil about this.  Humans have celebrated with alcohol since the dawn of time.  But the trouble these days is that few are aware of what the legal limit is with respect to driving under the influence ("DUI").  More specifically, few have the internal awareness of what their level of impairment...

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