What Is A Batterer’s Intervention Program? Criminal Defense AttorneyCriminal law attorneyDomestic ViolenceProbation
May 25, 2020

What Is A Batterer’s Intervention Program?

Domestic violence presents society with serious criminal justice and public health issues. Annually in California over 100,000 arrests are made for misdemeanor and felony domestic violence charges while countless additional…
Some Facts About Addiction In California controlled substanceCriminal Defense AttorneyCriminal law attorneyDrug-related chargesRecovery
May 21, 2020

Some Facts About Addiction In California

California teens and adults have higher rates of illicit drug use compared to the national averages. In response, California has taken steps to prevent drug abuse and expand access to…
Legal Defenses To Underage Drinking Criminal Defense AttorneyCriminal law attorneyDUI Defense
May 19, 2020

Legal Defenses To Underage Drinking

California’s public policy related to underage drinking and driving is based on zero tolerance. California teenage drivers fit within a special licensing classification and are considered Provisional Licensees. Teens with this…
Do Dismissed Strikes Disappear? Criminal Defense AttorneyCriminal law attorneyviolent crimes
May 15, 2020

Do Dismissed Strikes Disappear?

The California three-strikes law, considered by many to be a harsh sentencing statute, may result in life prison sentences for defendants convicted of felony offenses who have suffered past felony…
What Charges Are Eligible For Mental Health Diversion? California Penal Code § 1001.36Criminal Defense AttorneyCriminal law attorneyDiversionMental Health Diversion
May 13, 2020

What Charges Are Eligible For Mental Health Diversion?

California offers three types of pretrial diversion programs that allow those defendants that are eligible to avoid jail time by completing approved courses related to substance abuse treatment and education. These three types of pretrial diversion programs are…
Voluntary Manslaughter Defined Criminal Defense AttorneyCriminal law attorneyFelonyviolent crimes
May 11, 2020

Voluntary Manslaughter Defined

Homicide, the unlawful killing of a human being, may result in a criminal charge of murder or manslaughter. Although the charge itself is less severe than murder, manslaughter is a crime…
What Is Formal Probation? Criminal Defense AttorneyCriminal law attorneyProbation
May 7, 2020

What Is Formal Probation?

California judges have a great amount of discretion under California law in deciding the sentences of defendants convicted of a crime. California law authorizes a judge to sentence a criminal…
What Can Terminate A Drug Diversion Program? controlled substanceCriminal Defense AttorneyCriminal law attorneyDiversionDrug-related chargespretrial diversionRecovery
May 5, 2020

What Can Terminate A Drug Diversion Program?

Penal Code 1000 PC (California Penal Code § 1000) contains guidelines for California's pretrial diversion program for drug crimes limited to simple possession. This program, formerly known as deferred entry of judgment ("DEJ"), offers many…
California Expungement FAQ, Part Two Criminal law attorneyExpungementRecord Clearing
May 1, 2020

California Expungement FAQ, Part Two

Here is the second part of an article providing some answers to frequently asked questions about expungement. *Can a felony be reduced to a misdemeanor? Passed in November 2014, Prop…
California Expungement FAQ, Part One Criminal law attorneyExpungementRecord Clearing
April 29, 2020

California Expungement FAQ, Part One

Having a criminal record in California does not necessarily mean that an individual has been convicted of a crime. Anyone who is arrested but is not subsequently charged with or…
Legal Defenses To Vehicular Manslaughter DUI Criminal Defense AttorneyCriminal law attorneyDrug-related chargesDUI Defense
April 27, 2020

Legal Defenses To Vehicular Manslaughter DUI

California recognizes two crimes in California Vehicle Code § 191.5 resulting in the death of a person related to the operation of a motor vehicle while intoxicated. Both are serious…
Legal Defenses To Domestic Battery AssaultCriminal Defense AttorneyCriminal law attorneyDomestic Violence
April 23, 2020

Legal Defenses To Domestic Battery

Domestic violence crimes are crimes committed by an individual against an intimate partner. These crimes include the offense of “domestic battery,” also known as “spousal battery” or spousal assault,” as…
How Long Does A California PC 1001.36 Diversion Program Last? Criminal Defense AttorneyCriminal law attorneyDiversionpretrial diversionRecovery
April 21, 2020

How Long Does A California PC 1001.36 Diversion Program Last?

California criminal courts now act as mental health courts as the result of the passage of SB 8, which became effective in June 2018. In passing SB 8, California voters…
The DUI Arrest Criminal Defense AttorneyCriminal law attorneyDUI Defense
April 17, 2020

The DUI Arrest

A first-time DUI offense in California may result in penalties ranging from misdemeanor probation to jail time. Offending drivers who are granted an "IID restricted license" may continue to drive in California. This requires…
Assault And The Intent To Commit A Felony AssaultCriminal Defense AttorneyCriminal law attorneyviolent crimes
April 15, 2020

Assault And The Intent To Commit A Felony

Assault with the intent to commit a felony under Cal. Penal Code § 220 is a serious crime. It is a violation of this code section if a person assaults another…
Possessing Weapons In Public Buildings Is A Crime Criminal Defense AttorneyCriminal law attorneyviolent crimes
April 13, 2020

Possessing Weapons In Public Buildings Is A Crime

California Penal Code section 171B was enacted, like many criminal statutes, with public safety in mind. This statute applies to the possession of weapons in state or local public buildings…
Police Officers Filing A False Police Report Is A Crime Criminal Defense AttorneyCriminal law attorneyDomestic ViolencePolice Misconduct
April 9, 2020

Police Officers Filing A False Police Report Is A Crime

It is a crime in California for peace officers to knowingly make a false statement in a report. The California Penal Code makes it a criminal offense even if the…
What Are The Requirements For PC 1000 Pretrial Diversion? California Penal Code § 1000Criminal law attorneyDiversionpretrial diversion
April 7, 2020

What Are The Requirements For PC 1000 Pretrial Diversion?

California law, in Penal Code § 1000 contains the requirements of the state's pretrial diversion program for those charged with drug crimes of simple possession. The program, formerly known as a deferred entry…
Consequences Of A Domestic Battery Conviction Criminal Defense AttorneyCriminal law attorneyDomestic Violence
April 3, 2020

Consequences Of A Domestic Battery Conviction

A charge of “domestic battery” under California Penal Code § 243 (e)(1) is a misdemeanor. If any person causes unwanted physical contact to an intimate partner that results in injury, charges…
Elements Of A Domestic Battery Charge Criminal Defense AttorneyCriminal law attorneyDomestic Violence
April 1, 2020

Elements Of A Domestic Battery Charge

California statutory law contains special provisions for domestic violence crimes, which are crimes committed by an individual against an intimate partner. Included in these special provisions is the crime of…
California’s Implied Consent Law controlled substanceCriminal Defense AttorneyCriminal law attorneyDUI Defense
March 30, 2020

California’s Implied Consent Law

If a driver fails a blood alcohol test and has a BAC of .08 or higher, he or she may be charged with violating California Vehicle Code § 23152(a) (driving while under…
About The Crime Of False Imprisonment Criminal Defense AttorneyCriminal law attorneyDomestic ViolenceSex offense charges
March 26, 2020

About The Crime Of False Imprisonment

California Penal Code § 236 PC is the California statute that defines the crime of false imprisonment. Under this code section, false imprisonment is “the unlawful violation of the personal liberty of another.” False…
Using Marijuana In California: What You Need To Know controlled substanceCriminal Defense AttorneyDrug-related charges
March 24, 2020

Using Marijuana In California: What You Need To Know

Cannabis remains classified as a Schedule I drug under the federal Controlled Substances Act, therefore, its purchase, possession, distribution, or use, even within California and other states where it has…
Sealing An Arrest Record In California Criminal law attorneyExpungementRecord ClearingRecovery
March 20, 2020

Sealing An Arrest Record In California

Having a criminal record in California does not necessarily mean that an individual has been convicted of a crime. Anyone who is arrested but is not subsequently charged with or…
Crimes, Wobblers, And Misdemeanors Criminal Defense AttorneyCriminal law attorneymisdemeanorWobblers
March 18, 2020

Crimes, Wobblers, And Misdemeanors

Some serious California crimes are considered straight felonies meaning they are only punishable as a felony. However, many crimes in California may be charged as “wobblers," or "alternative felony/misdemeanor offenses.”…
What You Need To Know If You Have A Strike Criminal Defense AttorneyCriminal law attorneyviolent crimes
March 16, 2020

What You Need To Know If You Have A Strike

One of the most controversial criminal statutes in the last 25 years in California is the three-strikes sentencing statute, California Penal Code § 667. Under this law, anyone with a…
Who May Be Considered A Victim Of Domestic Violence Under California Law? AssaultCriminal Defense AttorneyDomestic ViolenceSelf-Defense
March 12, 2020

Who May Be Considered A Victim Of Domestic Violence Under California Law?

Domestic violence laws are a special category within a state’s statutory framework. California domestic violence laws provide protection for a certain class of people characterized by having a close relationship…
Recognizing Toxic Situations Domestic Violence
March 10, 2020

Recognizing Toxic Situations

We have all encountered what would be considered a toxic domestic situation, firsthand or through friends. A “toxic” situation is more than two people in a relationship squabbling constantly. It…
What Crimes Count As Strikes In California? Criminal Defense AttorneyCriminal law attorneyviolent crimes
March 6, 2020

What Crimes Count As Strikes In California?

California's three-strikes law was originally enacted in 1994. The three-strikes law’s purpose was to require a defendant convicted of a felony, who already had one prior conviction of a serious…
California’s Zero-Tolerance Law For Underage Drivers Criminal Defense AttorneyDUI Defense
March 4, 2020

California’s Zero-Tolerance Law For Underage Drivers

In California, teenage drivers belong to a special licensing classification called Provisional Licensees. Any teen holding this type of license must abide by those "provisions" applicable when operating a motor vehicle.…
When Domestic Violence Occurs. . . Criminal Defense AttorneyDomestic Violence
March 2, 2020

When Domestic Violence Occurs

Domestic violence, domestic abuse, relationship abuse, or its more technical term, intimate partner violence (IPV), is a pattern of behaviors used by one partner to maintain power and control over…
What A Court Considers When Expunging A Strike Criminal law attorneyExpungementRecord Clearing
February 27, 2020

What A Court Considers When Expunging A Strike

The California Supreme Court’s decision in the case of People v. Romero allows California defendants to avoid injustice when California’s three-strikes law imposes a punishment that may not fit the crime. However,…
Can A Strike Be Expunged? Criminal Defense AttorneyCriminal law attorneyviolent crimes
February 25, 2020

Can A Strike Be Expunged?

California’s three-strikes sentencing statute can cause individuals who have committed past strike offenses, which are violent or serious felonies, to receive a prison sentence of 25 years to life for…
Will An Expungement Help You Get A Better Job? Criminal Defense AttorneyCriminal law attorneyExpungementRecord Clearing
February 21, 2020

Will An Expungement Help You Get A Better Job?

The Dolan Law Offices are experienced in helping Californians clear their criminal records under California law. Our knowledgeable and experienced attorneys offer many valuable services to those who have made…
Driving Under The Influence Of Drugs Is A Criminal Offense controlled substanceCriminal Defense AttorneyCriminal law attorneyDrug-related chargesDUI Defense
February 19, 2020

Driving Under The Influence Of Drugs Is A Criminal Offense

It is a criminal offense in California to operate a motor vehicle while under the influence of a drug. California drivers may be found guilty of Driving under the Influence…
Substance Abuse As A Contributing Factor To Crime Criminal Defense AttorneyCriminal law attorneyDrug-related charges
February 17, 2020

Substance Abuse As A Contributing Factor To Crime

The relationship and connection between alcoholism, drug addiction, and violence crosses many thresholds (individual psychology, public health, and domestic violence, to name a few), and is vitally important in understanding…
California Rehab Facilities Must Be Licensed California Penal Code § 1000Criminal law attorneyDiversionDrug-related chargesRecovery
February 13, 2020

California Rehab Facilities Must Be Licensed

The modern trend for dealing with alcohol and drug abuse in California is to provide rehabilitation services and treatment in contrast to incarceration, especially for those individuals whose drug offenses…
An Introduction To The Models Of Treatment Used In California Drug Courts controlled substanceCriminal Defense AttorneyCriminal law attorneyDiversionDrug-related chargespretrial diversionProposition 47
January 31, 2020

An Introduction To The Models Of Treatment Used In California Drug Courts

California's focus on drug users through its collaborative court system began almost thirty years ago as an alternative approach to the traditional prosecution of minor drug offenses. There are over…
When Is An Act Done "Willfully" Under the California Penal Code? Criminal Defense AttorneyCriminal law attorneyviolent crimes
January 29, 2020

When Is An Act Done “Willfully” Under the California Penal Code?

The California Penal Code defines a multitude of important terms for determining liability under the State’s criminal statutes. Successfully charging and convicting for many criminal acts hinges on whether an…
Legal Defenses To Child Endangerment Criminal Defense AttorneyCriminal law attorneyDomestic Violence
January 27, 2020

Legal Defenses To Child Endangerment

Under California’s child endangerment statute, California Penal Code § 273a, anyone may be charged with the crime, not just parents. However, typically, adults charged with the crime of child endangerment…
What Happens At A DMV DUI Hearing? Criminal Defense AttorneyCriminal law attorneyDUI Defense
January 23, 2020

What Happens At A DMV DUI Hearing?

A driving under the influence (DUI) offense has life-changing consequences that may affect a driver’s record, reputation, and freedom. John Patrick Dolan, an experienced California criminal defense specialist, can assert…
When Do Your Actions Become Criminal Stalking? Criminal Defense AttorneyCriminal law attorneyDomestic Violence
January 21, 2020

When Do Your Actions Become Criminal Stalking?

In California, the crime of stalking is found in California Penal Code § 646.9. Certain language and conduct may elevate to the level of criminal stalking. It is a criminal offense…
The Effect Of Prop 47 On Reduction Of Criminal Offenses Criminal Defense AttorneyCriminal law attorneyDiversionpretrial diversionProposition 47
January 17, 2020

The Effect Of Prop 47 On Reduction Of Criminal Offenses

It may seem longer than just five years ago, but in November 2014, California voters passed the initiative known as the “Safe Neighborhoods and Schools Act,” also better known as…
How Does An Ignition Interlock Device Work? DUI Defense
January 15, 2020

How Does An Ignition Interlock Device Work?

Ignition Interlock Devices (IIDs) have become a popular tool used by California courts to address DUI offenders. An IID is a small handheld device connected to a motor vehicle that measures the…
About California Veterans Treatment Courts Criminal Defense AttorneyCriminal law attorneypretrial diversionRecovery
January 14, 2020

About California Veterans Treatment Courts

Special courts for veterans focus on determining the root causes of veterans' criminal behavior. In California, Veterans Treatment Courts (VTCs), attempt to resolve criminal cases involving veterans with support and…
The Meaning Of "Successfully Completing Probation" Criminal Defense AttorneyCriminal law attorneyProbation
January 10, 2020

The Meaning Of “Successfully Completing Probation”

Probation is the community supervision of those convicted of criminal offenses by probation officers. Trial court judges make the ultimate decision to place an adult offender convicted of a misdemeanor…
Possible Consequences Of A Probation Violation Criminal law attorneyExpungementProbation
January 6, 2020

Possible Consequences Of A Probation Violation

Courts often sentence criminal defendants to probation instead of or in addition to jail time. Probation can be formal or informal. The latter is also known as summary probation. Formal…
Benefits Of Drug Diversion Programs – PC 1000California Penal Code § 1000deferred entry of judgmentDiversion
January 2, 2020

Benefits Of Drug Diversion Programs

There are more than 2,700 Drug Courts administering to over 150,000 people in the country each year. Californians charged with non-violent drug use or drug possession offenses may also be…
Contesting A Request To Extend A Restraining Order Criminal Defense AttorneyDomestic Violence
December 31, 2019

Contesting A Request To Extend A Restraining Order

Certain individuals may apply for a Restraining Order if another person has abused them or threatened to abuse them. The person seeking protection is the protected person, while the individual…
When DUI Is Charged As A Felony Criminal Defense AttorneyCriminal law attorneyDUI Defense
December 26, 2019

When DUI Is Charged As A Felony

The effects of a first-time DUI are significant since they affect a driver’s record, reputation, and freedom. An experienced California criminal defense attorney like John Patrick Dolan can assert and…