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…
John Patrick Dolan
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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…
John Patrick Dolan
0
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…
John Patrick Dolan
0
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…
John Patrick Dolan
0
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…
John Patrick Dolan
0
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…
John Patrick Dolan
0
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…
John Patrick Dolan
0
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…
John Patrick Dolan
0
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…
John Patrick Dolan
0
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…
Dolan Law Office
0
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…
Dolan Law Office
0
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…
Dolan Law Office
0
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…
Dolan Law Office
0
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…
Dolan Law Office
0
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…
Dolan Law Office
0
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…
Dolan Law Office
0
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…
Dolan Law Office
0
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…
Dolan Law Office
0
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…
Dolan Law Office
0
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…
Dolan Law Office
0
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…
Dolan Law Office
0
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,…
wsenjamin
0
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…
wsenjamin
0
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…
wsenjamin
0
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…
wsenjamin
0
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…
wsenjamin
0
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…
wsenjamin
0
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…
wsenjamin
0
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.…
wsenjamin
0
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,…
wsenjamin
0
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,…
wsenjamin
0
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…
wsenjamin
0
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,…
wsenjamin
0
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…
wsenjamin
0
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…
wsenjamin
0
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…
wsenjamin
0
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…
wsenjamin
0
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…
wsenjamin
0
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…
wsenjamin
0
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…
wsenjamin
0
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,…
wsenjamin
0
Consequences Of A "Wet" Plea Bargain Criminal Defense AttorneyCriminal law attorneyDUI DefenseFelonymisdemeanorReduction of ChargesSentencing
December 11, 2020

Consequences Of A “Wet” Plea Bargain

California motorists stopped and eventually found to be driving while under the influence of alcohol face many serious consequences. Drivers in California who drive under the influence of alcohol or…
wsenjamin
0
Abuse That Rises To The Level Of Domestic Violence Criminal Defense AttorneyCriminal law attorneyDomestic ViolenceSelf-Defense
December 9, 2020

Abuse That Rises To The Level Of Domestic Violence

In California, Family Code § 6203 FC is the statute that defines abuse for purposes of domestic violence. This statute is contained in the code section entitled “Prevention of Domestic…
wsenjamin
0
About DUI Education - SB 1176 Criminal law attorneyDiversionDUI DefenseRecovery
December 7, 2020

About DUI Education – SB 1176

Individuals charged with DUI in California who are ultimately convicted must attend DUI School. This post-conviction requirement is a program of alcohol education ordered by California courts and/or the California…
wsenjamin
0
What Is A Tahl Waiver? Criminal Defense AttorneyCriminal law attorneyReduction of ChargesSentencingWobblers
December 3, 2020

What Is A Tahl Waiver?

When accused of criminal charges, every American has important constitutional rights that must be protected. However, circumstances may dictate that a criminal defendant waives some or all these valuable rights.…
wsenjamin
0
About DUI Education - AB 541 Criminal law attorneyDiversionDUI DefenseRecovery
December 1, 2020

About DUI Education – AB 541

California has many court-ordered DUI programs, which are designed to help DUI offenders receive assistance for their substance abuse and learn more about the dangers of driving while intoxicated. AB…
wsenjamin
0
Overview Of The Expungement Process Criminal law attorneyExpungementRecord ClearingReduction of Charges
November 27, 2020

Overview Of The Expungement Process

The attorneys at the Dolan Law Offices are experienced criminal defense lawyers who specialize in helping Californians expunge their criminal records and move forward with their lives positively and productively.…
wsenjamin
0
What Is The Difference Between Expungement And Sealing Records? Criminal law attorneyExpungementRecord ClearingSealing Arrest Records
November 25, 2020

What Is The Difference Between Expungement And Sealing Records?

Many people equate expunging a criminal record with sealing a criminal record. Often, clients ask about these processes and believe that both are necessary to achieve their needs and goals.…
wsenjamin
0
Probable Cause And DUIs Criminal Defense AttorneyCriminal law attorneyDUI Defense
November 23, 2020

Probable Cause And DUIs

The United States Constitution requires that law enforcement officers have a requisite level of justification before initiating a traffic stop or arresting anyone. In drunk driving cases, there are two…
wsenjamin
0
How Does California Define Resisting Arrest? Criminal Defense AttorneyCriminal law attorneyDomestic ViolencePolice Misconduct
November 19, 2020

How Does California Define Resisting Arrest?

California Penal Code § 148 PC defines the crime of resisting arrest. This statute also applies to obstructing a police officer from carrying out any of his or her duties…
wsenjamin
0