Effective Ways Of Fighting A DUI In California Criminal Defense AttorneyCriminal law attorneyDUI Defense
January 5, 2022

Effective Ways Of Fighting A DUI In California

A charge under violating California Vehicle Code § 23152(a) (driving while under the influence of alcohol) or violating California Vehicle Code § 23152(b) (driving with a blood alcohol content (BAC)…
You Can Have A BAC Less Than The Legal Limit And Still Be Charged With Drunk Driving Criminal Defense AttorneyCriminal law attorneyDUI Defense
December 29, 2021

You Can Have A BAC Less Than The Legal Limit And Still Be Charged With Drunk Driving

In our blogs about the subject of driving while intoxicated, it is always stressed that any motorist who is accused of a DUI faces not one, but two, possible charges…
Expungement And Job-Hunting Criminal Defense AttorneyCriminal law attorneyProposition 47Record ClearingSealing Arrest Records
December 23, 2021

Expungement And Job-Hunting

For Californians, the most beneficial aspect of expungement of a criminal record is that it can improve your chances of finding a job, despite a past criminal conviction. In 2021,…
About Domestic Violence Restraining Orders Criminal Defense AttorneyCriminal law attorneyDomestic Violence
December 13, 2021

About Domestic Violence Restraining Orders

A domestic violence restraining order is a court order issued in a domestic violence case. This order directs an individual to refrain from contacting, harassing, threatening, or harming the victim. A Domestic Violence Restraining Order (DVRO) applies only to…
Governor Newsom Signs Sentence Enhancement Bill - SB 81 Criminal Defense AttorneyCriminal law attorneyDrug-related chargesSentencing
December 8, 2021

Governor Newsom Signs Sentence Enhancement Bill – SB 81

In early October, California Governor Gavin Newsom signed SB 81, a bill that contains guidelines for California courts regarding the use of sentence enhancements. SB 81 is intended to address…
Consequences Of A Domestic Violence Conviction Criminal Defense AttorneyCriminal law attorneyDomestic Violence
December 1, 2021

Consequences Of A Domestic Violence Conviction

The California Legislature has stated that criminal offenses related to domestic violence merit special consideration for purposes of imposing a sentence. This is based on society’s condemnation of violence committed…
Penalties For Misdemeanor DUIs Criminal Defense AttorneyCriminal law attorneyDrug-related chargesDUI DefensemisdemeanorSentencingWobblers
November 22, 2021

Penalties For Misdemeanor DUIs

Under California law, “driving under the influence” may be charged as either a misdemeanor or felony. In many cases, the DUI will be charged as a misdemeanor, which is a…
Burglary Under California Law BurglaryCriminal Defense AttorneyCriminal law attorneyFelonyTheftTheft
November 10, 2021

Burglary Under California Law

Burglary is a serious crime with severe consequences. In California, burglary is governed by California Penal Code § 459. The crime of burglary involves entering a structure or locked vehicle…
What Happens At A Felony Arraignment? Criminal Defense AttorneyCriminal law attorneyFelonyviolent crimesWobblers
November 1, 2021

What Happens At A Felony Arraignment?

If you are charged with a felony, your first court appearance will be an arraignment. What happens at a felony arraignment? Some crimes in California are charged as felonies. Others…
List Of Mitigating And Aggravating Sentencing Circumstances Criminal Defense AttorneyCriminal law attorneydeferred entry of judgmentDiversionpretrial diversionSentencingWobblers
October 22, 2021

List Of Mitigating And Aggravating Sentencing Circumstances

From 1917 to 1976, California used an indeterminate sentencing system, which allowed judges to sentence individuals to jail or prison for a range of time rather than a specific time. California…
Attempted Crimes: How Are They Charged In California? ArsonAssaultCriminal Defense AttorneyCriminal law attorneyFelonymisdemeanorSex offense chargesShopliftingStalkingTheftviolent crimesWeapon Offenses
October 13, 2021

Attempt Crimes: How Are They Charged In California?

Trying to commit a crime but failing to complete it is a crime in California. Penal Code § 664 PC is the statute that makes it a criminal offense to…
About Freedom Of Movement and Probation Criminal Defense AttorneyCriminal law attorneyProbation
September 30, 2021

About Freedom Of Movement and Probation

California uses four forms of correctional supervision – probation, jail, prison, and parole. Probation allows convicted felons to serve all or part of their sentence under the supervision of a probation officer rather…
Felonies, Criminal Records, And Expungement Criminal Defense AttorneyCriminal law attorneyExpungementRecord Clearing
August 30, 2021

Felonies, Criminal Records, And Expungement

A felony conviction has dire consequences for anyone. A conviction may affect you for your entire life since it stays on your record until expunged. While a criminal record is…
How a 17(b) Motion Works To Reduce A Charge Criminal Defense AttorneyCriminal law attorneyFelonymisdemeanorProposition 47Reduction of ChargesWobblers
August 20, 2021

How a 17(b) Motion Works To Reduce A Charge

Hundreds of criminal offenses in California are designated as wobblers. These are crimes that the State of California may charge alternatively as felonies or misdemeanors. One important thing to know…
Consequences Of Violating Probation Criminal Defense AttorneyCriminal law attorneyProbation
August 10, 2021

Consequences Of Violating Probation

Probation is when the court allows you to stay out of prison after committing a crime if you behave and refrain from committing another crime. We all understand this simple…
About Mobile Video Audio Recording Systems - MVARS Criminal Defense AttorneyCriminal law attorneyDUI DefensePolice Misconduct
July 28, 2021

About Mobile Video Audio Recording Systems – MVARS

While not many of us are familiar with the term “MVARS,” we are all familiar with dashcams. MVARS is an acronym for “Mobile Video Audio Recording Systems,” the technical term…
Criminal Charges Related To Road Rage Criminal Defense AttorneyCriminal law attorneymisdemeanor
July 19, 2021

Criminal Charges Related To Road Rage

Merriam-Webster defines “road rage” as “a motorist's uncontrolled anger that is usually provoked by another motorist's irritating act and is expressed in aggressive or violent behavior.” California does not specifically identify…
FAQs About Arrest Records Criminal Defense AttorneyCriminal law attorneyRecord ClearingSealing Arrest Records
July 7, 2021

FAQs About Arrest Records

California, like every state, generates a record when law enforcement makes an arrest. When someone commits either a felony or misdemeanor, he or she now has an arrest record or criminal…
California Law & Prohibited Weapons Criminal Defense AttorneyCriminal law attorneyFelonyWeapon Offenses
June 28, 2021

California Law & Prohibited Weapons

California permits its citizens to purchase, own, and possess firearms. It permits the purchase, possession, and use of other weapons as well, but with restrictions. However, some weapons, such as…
AB 1509's Proposed Changes To Gun Enhancement Law In California Criminal Defense AttorneyCriminal law attorneySentencingWeapon Offenses
June 21, 2021

AB 1509 Proposes Changes To Gun Enhancement Law In California

In early 2021, the Anti-Racism Sentencing Reform Act, also known as Assembly Bill 1509, was introduced in the California Assembly. Currently, 40,000 incarcerated individuals are serving time for a gun…
Distinguishing Direct & Circumstantial Evidence Criminal Defense AttorneyCriminal law attorneyReduction of Charges
June 14, 2021

Distinguishing Direct & Circumstantial Evidence

The Law Offices of John Patrick Dolan have helped California residents find post-conviction relief for more than three decades. John Patrick Dolan will give your case the personal attention it…
Criminal Defense AttorneyCriminal law attorneyGang-related crimesJuvenile crimesviolent crimesWobblers
June 7, 2021

Common Juvenile Crimes

As would be expected, California's juvenile criminal justice system differs from the adult criminal justice system. As a society, we recognize that many juvenile offenders must be treated differently than…
About Prop 57 Criminal Defense AttorneyCriminal law attorneyReduction of Charges
May 31, 2021

About Prop 57

Proposition 57 was a California ballot initiative that passed in 2016. The effect is the implementation of reforms that change how California’s criminal justice system considers parole and treats juvenile…
Freedom: The End Of Cash Bail Criminal Defense AttorneyCriminal law attorney
May 24, 2021

Freedom: The End Of Cash Bail

The Law Offices of John Patrick Dolan have helped California residents find post-conviction relief for more than three decades. John Patrick Dolan will give your case the personal attention it…
Guide To New Changes In California Criminal Law Criminal Defense AttorneyCriminal law attorneyExpungementPolice MisconductRecord ClearingReduction of ChargesSealing Arrest RecordsSentencingSex offense chargesviolent crimes
May 17, 2021

Guide To New Changes In California Criminal Law

On January 1, 2021, many major criminal justice reforms took effect. One of the most significant changes includes lessening the severity of the system’s treatment of criminal offenders. Related to…
More FAQ About Expungement: Do I Need An Attorney For An Expungement? Criminal Defense AttorneyCriminal law attorneyExpungementRecord ClearingReduction of ChargesSealing Arrest Records
May 3, 2021

FAQ About Expungement: Do I Need An Attorney For An Expungement?

In California, an arrest, even if no charges were ever filed, may appear on a person’s record. Later, this may negatively affect that person by causing the loss of a…
Self-Defense of Others and Property Criminal Defense AttorneyCriminal law attorneyDomestic ViolenceFelonySelf-Defenseviolent crimes
April 19, 2021

Self-Defense of Others and Property

Self-defense is a legal defense used to abrogate a violation of the law. It is applicable when the action in question is justifiable and reasonable. California permits individuals to act…
List of Crimes Associated with Domestic Violence Criminal Defense AttorneyCriminal law attorneyDomestic ViolenceReduction of ChargesSelf-Defense
April 7, 2021

List of Crimes Associated with Domestic Violence

California law especially criminalizes acts where someone harms or threatens to harm an intimate partner. California’s public policy focuses on protecting intimate partners from domestic violence. Numerous crimes are associated…
2021 Is An Opportune Time To Consider Expungement and Other Related Procedures Uncategorized
March 31, 2021

2021 Is An Opportune Time To Consider Expungement and Other Related Procedures

The Law Offices of John Patrick Dolan have helped California residents find post-conviction relief for more than three decades. 2021 is an opportune time for anyone with a criminal record…
What Is A § 1983 Action? Criminal Defense AttorneyCriminal law attorneyPolice Misconduct
March 24, 2021

What Is A § 1983 Action?

Unfortunately, in any society, even a democratic society, officers, agents, and employees of state and federal governments are prone to depriving citizens of their rights. While a “Bivens action” allows…
FAQ: May A Conviction For Domestic Violence Be Expunged In California? Criminal Defense AttorneyCriminal law attorneyDomestic ViolenceExpungementRecord Clearing
March 17, 2021

FAQ: Can A Conviction For Domestic Violence Be Expunged In California?

Can A Conviction For Domestic Violence Be Expunged In California? When a conviction for a crime in California is expunged, the defendant’s case is dismissed and any plea previously entered,…
Alternative Sentencing For 1st-Time DUI Criminal Defense AttorneyCriminal law attorneyDiversionDUI Defense
March 11, 2021

Alternative Sentencing For 1st-Time DUI

There are several serious financial, personal, and emotional costs to a conviction in a California court for violating California Vehicle Code § 23152(a) VC (driving while under the influence of…
Appealing A Criminal Conviction In California Criminal Defense AttorneyCriminal law attorney
March 9, 2021

Appealing A Criminal Conviction In California

Among the options any person has after being convicted of a crime is the right to appeal to have a criminal conviction overturned or sentence reduced. Appeals may be discretionary…
FAQ: Will I Receive A Harsher Sentence If I Plead Innocent In My DUI Case? Criminal Defense AttorneyCriminal law attorneyProbationReduction of Charges
March 4, 2021

FAQ: Will I Receive A Harsher Sentence If I Plead Innocent In My DUI Case?

Attorneys and former defendants alike believe that judges may tend to give harsher sentences to those accused of crimes who choose to go to trial. However, this is an illegal…
Victims And Restitution Criminal Defense AttorneyCriminal law attorneyUncategorized
March 2, 2021

Victims And Restitution

The California Constitution contains a Victims’ Bill of Rights Act that includes the right to restitution. It states: “All persons who suffer losses as a result of criminal activity shall…
A Look At California Trespassing Laws Criminal Defense AttorneyCriminal law attorneyDomestic ViolenceStalking
February 25, 2021

A Look At California Trespassing Laws

California law applicable to trespassing is contained in California Penal Code § 602 PC. Trespassing involves the unlawful entry onto the property of another without permission or any legal right. Remaining on the…
A Summary Of Five Post-Conviction Options Criminal Defense AttorneyCriminal law attorneyExpungementRecord Clearing
February 23, 2021

A Summary Of Five Post-Conviction Options

For over forty years, the Dolan Law Offices have provided post-conviction services including expungements to help the residents of the Coachella Valley clear their criminal records to restore their future…
FAQ: Can Domestic Violence Charges Be Dropped? Criminal Defense AttorneyCriminal law attorneyDomestic ViolenceSelf-Defense
February 18, 2021

FAQ: Can Domestic Violence Charges Be Dropped?

One frequently asked question is whether domestic violence charges in California may be dropped against an accused. Domestic violence has a myriad of serious consequences for perpetrators and victims alike.…
SB 1437 And California’s Felony Murder Law Criminal Defense AttorneyCriminal law attorneyviolent crimes
February 16, 2021

SB 1437 And California’s Felony Murder Law

California SB 1437 became law on September 30, 2018. This California Senate bill changed California law applicable to the crime of felony murder. This new law went into effect on January 1,…
About Voluntary Manslaughter Criminal Defense AttorneyCriminal law attorneyReduction of Chargesviolent crimes
February 11, 2021

About Voluntary Manslaughter

Murder or homicide involves malice, which may be express or implied under California law. Express malice is the deliberate intent to take the life of another human being. In contrast,…
When Can Someone Use Deadly Force In Self-Defense? Criminal Defense AttorneyCriminal law attorneySelf-Defense
February 9, 2021

When Can Someone Use Deadly Force In Self-Defense?

In one of the most infamous self-defense cases in the history of American jurisprudence, George Zimmerman was charged with second-degree murder in the shooting death of 17-year-old Trayvon Martin in…
Does A Defendant Have To Accept Alternative Sentencing? Criminal Defense AttorneyCriminal law attorneyDiversionMental Health Diversionpretrial diversion
February 4, 2021

Does A Defendant Have To Accept Alternative Sentencing?

Probation is a form of alternative sentencing. In California, felony sentencing guidelines provide judges with the option to impose either a prison term or probation. If the defendant receives probation,…
Can A Probation Order Be Modified? Criminal Defense AttorneyCriminal law attorneyProbation
February 2, 2021

Can A Probation Order Be Modified?

California courts may issue probation to defendants convicted of misdemeanor or felony charges. Misdemeanor probation, also known as summary or informal probation, allows offenders to serve most, if not all, of…
When Is Post-Conviction Relief Is Discretionary Under California Law? Criminal Defense AttorneyCriminal law attorneyProposition 36Proposition 47
January 28, 2021

When Is Post-Conviction Relief Is Discretionary Under California Law?

While some types of post-conviction relief are mandatory – meaning that a California court must provide relief if a motion is filed requesting such relief - other post-conviction relief is…
When Is Post-Conviction Relief Is Mandatory Under California Law? Criminal Defense AttorneyCriminal law attorneyProposition 36Proposition 47
January 26, 2021

When Is Post-Conviction Relief Is Mandatory Under California Law?

Criminal convictions, regardless of the crime, generally remain on a person’s criminal record until it is actively removed. There is no defined passage of time that will cause the removal…
About DUI Education - AB 762 Criminal Defense AttorneyCriminal law attorneyDUI Defensepretrial diversion
January 21, 2021

About DUI Education – AB 762

Based on an offender’s blood alcohol content and whether he or she is a first-time offender, California requires certain alcohol awareness programs to be completed by those convicted of violating…
How Does A DUI Affect A Driver’s License? Criminal Defense AttorneyCriminal law attorneyDUI Defense
January 19, 2021

How Does A DUI Affect A Driver’s License?

Anyone with a California driver’s license arrested for violating California Vehicle Code § 23152(a) VC (driving while under the influence of alcohol), and/or California Vehicle Code § 23152(b) VC (driving with…
About Motions To Suppress Evidence Criminal Defense AttorneyCriminal law attorneyReduction of Charges
January 14, 2021

About Motions To Suppress Evidence

In support of a defendant’s Fourth Amendment rights, California law, specifically in California Penal Code § 1538.5, empowers those who have been the subject of searches and seizures to move…
Remedies for Police Misconduct Criminal Defense AttorneyCriminal law attorneyPolice Misconduct
January 12, 2021

Remedies for Police Misconduct

Federal law and California law both provide remedies for those who are the victims of police misconduct. Any lawsuit filed against a governmental entity may seek damages for any act…
What Constitutes Police Misconduct? Criminal Defense AttorneyCriminal law attorneyPolice Misconduct
January 7, 2021

What Constitutes Police Misconduct?

What constitutes police misconduct under federal and California law? Police misconduct may take many forms. Citizens may suffer from police brutality consisting of violence or force that results from discrimination,…