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Criminal Law Blog

Bart Kaspero Law > Criminal Law Blog (Page 3)

How Long is a DUI on My Record?

For How Long is a DUI on my record? Once you successfully complete the term of probation, you can apply for an expungement to get the conviction off your criminal record. The value of this is that you don't have to disclose your conviction to employers. However, just because the conviction is expunged from your record doesn’t mean it is gone, it is still a priorable offense if you get another DUI within the next ten years. A priorable offense means that the court may consider another DUI within ten years when sentencing you on a second or third DUI. Can I get...

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What is Reckless Driving?

Reckless Driving What is it?  Is it better than a DUI?  How do I get one? Many who search for more information about their DUI and the law that governs it will come across the alternative plea of reckless driving.  Some believe it is not a DUI while others have been lead to believe it is exactly the same thing but with a different title.  Here is some information to clarify some of the issues that come with a reckless driving offense. Is reckless driving better than a DUI? In short, yes. A wet reckless is initially charged (almost always) as a DUI.  But...

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Criminal Charges on Your Record

Criminal Charges On Your Record The real consequences that come with having criminal charges on your record are very misunderstood. What most believe about their criminal record is motivated by their fear of the unknown. Like credit reports, we have no idea how much our lives will be effected by the decisions we have made or the challenges we have faced—and we may never get the chance to explain ourselves to the people that may be judging us for it. Information technology has changed everyone’s lives and it will continue to do so. Knowing who can access your criminal files and how it’s...

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Concentrates and Extraction Law; Are they All Drug Labs?

Concentrates and Extraction Law As the cannabis industry continues to evolve, so do the definitions of "drug labs".  Recently, a highly-regarded testing lab was raided in Pasadena--resulting in two arrests for the illegal manufacturing of concentrates.  If the arrests had anything to do with illegal concentrates and extraction methods, does that mean everyone who makes dabs fall under California's manufacturing lab statute? This brings up several questions that have many in the industry wondering where is the line between professional concentrates makers, cannabis testing labs, and BHO labs. Where Medicine and the Law Crash To put this problem into a larger context, consider the following:  Patients that are...

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Case Dismissal: How to Get a Criminal Case Dismissed

Case Dismissed

How to Get a Criminal Case Dismissed URGENT LEGAL UPDATE: California has implemented a series of legislative actions that make it possible to petition the court for removing past marijuana-related charges or reducing past serious felonies to misdemeanors.  To take advantage of these petitions, go here: Removing Marijuana Charges   EDITOR'S NOTE: Readers should be aware that this article focuses on achieving a dismissal on active or pending criminal charges.  For those interested in obtaining dismissals on past cases, please go to the following link: Expungement Law   Clients who face criminal charges often ask what it takes to get the case dismissed. After all,...

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Is it Child Abuse to get a DUI with Kids in the Car?

Is it Child Abuse to get a DUI with Kids in the Car? Consider the following scenario: You’ve had a wonderful family dinner at a mutual friends house with your children and spouse. You may have drunk some wine but nothing excessive. On your way home, you are pulled over and arrested for DUI. By the time you are booked into jail, however, you discover you are also being charged with child abuse. Many are shocked to discovery that getting arrested for a DUI can create even a deeper hole if there happened to be kids in the car while they were...

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A Rare Glimpse Into the Blurred Lines of Justice

It's not often the public gets to see this kind of justice-system drama. But the 9th Circuit described it as alarming. And the AG's were put into a difficult position because of it. OC Weekly provides a look into the ruling that could carry shockwaves down the road. Here's the Link: http://blogs.ocweekly.com/navelgazing/2015/02/moxley_confidential_tunstall_dekraai_goethals.php ...

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Marijuana Bread in OC Tests Positive for Synthetic Cannabis

A popular Epiphany bread sold by a local bakery that left over 40 people sick has resulted in an investigation that has revealed synthetic marijuana among the ingredients. Synthetics, sometimes referred to as "spice" mimics the psyoactive properties of cannabis have been found to be more dangerous than the real deal. Under California Law, it is illegal to sell or distribute synthetic cannabinoids under Health and Safety Code 11375.5(a). Two separate investigations are pending based on the additional involvement of the Orange County Health Care Agency. ...

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Newport Beach Police DUI Jingle

It's lighthearted, doesn't go too far, and keeps to the point. Check out Newport Beach Police Department's holiday jingle to not drink and drive. Have a safe holidays everyone! Some Basics on DUI Arrests and DUI Charges Nobody expects to spend the night in jail for driving drunk.  That's the problem.  Few DUI cases involve someone actually being the kind of "drunk" that we think of.  There are PSA's out there that tell us "driving buzzed is driving drunk".  There's a little bit of truth to that statement in that many DUI clients (if not most) didn't think they were really drunk. The...

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Do Drug Charges Show on Criminal Background Checks?

Criminal Background Checks California's Central Criminal Records Repository All fifty states, including California, has a central repository where criminal records are stored. Upon arrest or conviction, local law enforcement agencies and courts are supposed to transmit the information to the repository. California's central records repository is located at the Department of Justice. The repository is tasked with maintaining the records and limiting their dissemination to the public, as laws have been passed in California to greatly limit access with few exceptions. Private employers still often want to check the background of employees and many procure records in other ways. A recent survey revealed...

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