Federal And State Law Contain Lifetime Firearms Bans For Domestic Violence Criminal Defense AttorneyCriminal law attorneyDomestic Violence
September 16, 2020

Federal And State Law Contain Lifetime Firearms Bans For Domestic Violence

Convictions in California for crimes related to domestic violence carry extreme and severe consequences for rights related to possessing firearms and even maintaining citizenship for immigrants. A domestic violence conviction…
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What Is The Legal Definition Of A Criminal Threat? Criminal Defense AttorneyCriminal law attorneyDomestic ViolenceSelf-Defenseviolent crimesWobblers
September 14, 2020

What Is The Legal Definition Of A Criminal Threat?

California Penal Code § 422 PC defines a “criminal threat” for purposes of California criminal law. § 422 makes it a crime to threaten another person with immediate harm with the…
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In California, individuals presently serving in the military, as well as veterans, who suffer from PTSD, trauma, or other mental health problems may be eligible for military diversion instead of jail time when accused of a misdemeanor crime. How is post-traumatic stress disorder (PTSD) defined for purposes of a military pre-trial diversion program in California? Military diversion is one of three forms of pretrial diversion authorized by California law. Defendants do not have to plead guilty or no contest to obtain diversion. Instead, the court will postpone the criminal prosecution of the charges while the defendant participates in an education and treatment program. The military diversion program is usually only available to first-time offenders. Defendants with any prior convictions for the same offense are typically referred to Veteran’s Court, which provides greater structure and supervision than military diversion. Common misdemeanor offenses include possession of drugs, DUI, and misdemeanor assault and battery. PC § 1001.80 applies to cases alleging the commission of a misdemeanor offense if both of the following apply to the defendant: (1) The defendant was, or currently is, a member of the United States military. (2) The defendant may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems resulting from his or her military service. Note that the disorder must have resulted from the defendant’s military service. Post-traumatic stress disorder (PTSD) is a mental health condition experienced by some individuals who have experienced trauma such as combat or sexual assault. While some people recover from these types of experiences, others develop PTSD. Some may only experience “acute stress disorder,” that lasts two to three weeks. Symptoms of PTSD that last for more than a month and that seriously affect the ability to function should be addressed as soon as possible. Symptoms of PTSD typically begin within 3 months of a traumatic incident but may arise even years later. To be diagnosed with post-traumatic stress order, an adult must have all the following symptoms for at least one month: 1. At least one “re-experiencing” symptom (flashbacks, nightmares, and frightening thoughts) 2. At least one “avoidance” symptom (staying away from places, events, or objects that are reminders of the traumatic event, and avoiding thoughts or feelings related to the traumatic experience. 3. At least two “arousal and reactivity” symptoms (being easily startled, feeling tense, having difficulty sleeping, and having angry outbursts) 4. At least two cognition and mood symptoms (trouble remembering important elements of the traumatic event, negative thoughts about self or the world, distorted feelings, such as guilt or blame, and loss of interest in activities. Upon successful completion of the treatment and education program, the court will dismiss the charges against the defendant. If the defendant fails to complete the program, the criminal proceedings will resume. California also offers a similar mental health diversion program that allows participants to get their charges dismissed and criminal records sealed. In the last decade, the State of California has moved toward reducing its jail and prison populations through pre-trial diversion programs. One program helps individuals who commit crimes that are low-level misdemeanor drug crimes avoid jail time. Mental health diversion and military diversion programs are also available. Instead of only focusing on punishment, these programs focus on helping individuals receive treatment for substance abuse, mental health problems, and military-related disorders. California pretrial diversion programs allow eligible defendants to avoid jail time by completing treatment and education courses. If you are experiencing mental health issues that have caused you to be charged with a crime, the resolution of your matter through the California PC 1001.36 diversion program may be available as an option. John Patrick Dolan is a California State Bar Certified Specialist in Criminal Law, the highest achievement awarded by the State Bar of California to attorneys in the field of criminal law. Call today at (760) 775-3739 or find out more online here. Criminal Defense AttorneyCriminal law attorneyDiversionpretrial diversion
September 10, 2020

How Is PTSD Defined For Military Diversion?

In California, individuals presently serving in the military, as well as veterans, who suffer from PTSD, trauma, or other mental health problems may be eligible for military diversion instead of…
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Forms Of Post-Conviction Relief For Immigrants Criminal Defense AttorneyCriminal law attorneyRecord ClearingReduction of Charges
September 8, 2020

Forms Of Post-Conviction Relief For Immigrants

For individuals living or working in California who are not U.S. citizens, a conviction under California criminal law may cause deportation or other generally undesired immigration consequences. However, after a conviction, all…
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Domestic Violence And Moral Turpitude Criminal Defense AttorneyCriminal law attorneyDomestic Violence
September 4, 2020

Domestic Violence And Moral Turpitude

Because domestic violence may be considered a crime of moral turpitude in California, collateral consequences may exist. These collateral effects may prevent individuals from obtaining a professional certification or license, as well as…
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What Is A Writ Of Habeas Corpus? Criminal Defense AttorneyCriminal law attorneyRecord Clearing
September 2, 2020

What Is A Writ Of Habeas Corpus?

A common legal phrase that seems to arise in every scholastic history book is the Latin term “habeas corpus.” However, not many people other than criminal lawyers even know what…
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Consequences Of A DUI For A Commercial Driver Criminal Defense AttorneyCriminal law attorneyDUI Defense
August 31, 2020

Consequences Of A DUI For A Commercial Driver

In California, motorists who drive under the influence of alcohol and/or drugs may be charged under both California Vehicle Code § 23152(a) VC (driving while under the influence of alcohol), violating…
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What Is An Imminent Danger For Asserting Self-Defense? Criminal Defense AttorneyCriminal law attorneyDomestic ViolenceSelf-Defenseviolent crimes
August 27, 2020

What Is An Imminent Danger For Asserting Self-Defense?

Simply put, most people are law-abiding citizens who do try to avoid trouble. In turn, society typically discourages violent or forceful behavior against others and criminalizes this type of conduct.…
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Will Pre-Trial Diversion Cause My Charges To Be Dropped? Diversionpretrial diversion
August 25, 2020

Will Pre-Trial Diversion Cause My Charges To Be Dropped?

There are alternative forms of recovery available to those accused of a crime in California. It is important to determine their applicability to your criminal matter. John Patrick Dolan has…
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The Dolan Law Firm: We Defend And Help Those Accused Of Drug Crimes Criminal Defense AttorneyCriminal law attorneyDrug-related chargespossession
August 21, 2020

The Dolan Law Firm: We Defend And Help Those Accused Of Drug Crimes

The attorneys of the Dolan Law Offices defend those members of our community accused of committing drug crimes. The attorneys of the Dolan Law Offices also help those who are…
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The Consequences Of Refusing A DUI Test Criminal Defense AttorneyCriminal law attorneyDUI Defense
August 19, 2020

The Consequences Of Refusing A DUI Test

Anyone who is pulled over by the police just after consuming alcohol, even if the amount is minimal, faces a potentially traumatic, perhaps even life-altering, experience in the next few…
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Do You Have A Criminal Record? Figuring Out Your Options Criminal law attorneyExpungementReduction of ChargesSealing Arrest Records
August 17, 2020

Do You Have A Criminal Record? Figuring Out Your Options

The following record-clearing options may help anyone reduce the impact of his or her California state criminal record. Of course, clearing your criminal record requires knowing precisely what is contained…
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How Domestic Violence Affects A Divorce Criminal Defense AttorneyCriminal law attorneyDomestic Violence
August 13, 2020

How Domestic Violence Affects A Divorce

Domestic violence affects marriage in many negative and toxic ways. No-fault rules that pay little regard to any evidence of domestic violence during the marriage dominate California law regarding divorce…
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Factual Innocence And Sealing Arrest Records Criminal Defense AttorneyCriminal law attorneySealing Arrest Records
August 11, 2020

Factual Innocence And Sealing Arrest Records

Innocent people who were wrongfully arrested may request to have their arrest records sealed and destroyed. California Penal Code § 851.8 allows for the sealing and destruction of misdemeanor and felony arrest…
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Consequences Of Violating A Restraining Or Protective Order Criminal Defense AttorneyCriminal law attorneyDomestic Violence
August 7, 2020

Consequences Of Violating A Restraining Or Protective Order

California law allows victims of domestic violence to obtain an emergency restraining order or protective order. A domestic violence restraining order may be obtained in either civil or criminal cases although…
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Distinguishing Reasonable Suspicion And Probable Cause For A Stop Criminal Defense AttorneyCriminal law attorneyDUI Defense
August 5, 2020

Distinguishing Reasonable Suspicion And Probable Cause For A Stop

If a law enforcement officer is unable to explain how he or she reasonably came to believe that an individual might be committing a crime, might have committed a crime,…
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Getting A Fresh Start Through Drug Diversion California Penal Code § 1000Criminal law attorneydeferred entry of judgmentDiversionDrug-related chargespretrial diversionProposition 36
August 3, 2020

Getting A Fresh Start Through Drug Diversion

Drug diversion programs give felony, non-violent substance-using offenders a fresh start. Riverside County operates four adult offender drug court programs in Riverside County (Blythe, Indio, Riverside, and Southwest). Highly structured and…
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Criminal Defense AttorneyCriminal law attorneyPolice Misconduct
July 30, 2020

About Police Misconduct That Is Excessive Force: “Police Brutality”

The conduct of the police in America has (once again) come under extreme scrutiny in the last few months, precipitated and punctuated by the unfortunate, unnecessary deaths of several African-American…
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About Restraining Orders In California Criminal Defense AttorneyCriminal law attorneyDomestic ViolenceStalking
July 28, 2020

About Restraining Orders In California

California law allows victims of domestic violence to apply for an emergency restraining order or protective order. Individuals may obtain a domestic violence restraining order in either civil or criminal cases.…
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Mistaken Identification And Wrongful Convictions Criminal Defense AttorneyCriminal law attorneyviolent crimes
July 24, 2020

Mistaken Identification And Wrongful Convictions

As one legal expert has commented, "When someone is accused of a crime he did not commit, two people are trapped on the dark side of justice, while the real…
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Measuring Progress In Mental Health Diversion Cases California Penal Code § 1001.36Criminal Defense AttorneyCriminal law attorneyDiversionMental Health Diversion
July 22, 2020

Measuring Progress In Mental Health Diversion Cases

Mental health diversion under Penal Code 1001.36 allows certain criminal defendants to avoid jail time for most criminal offenses. Before the approval of a proposed treatment program, courts will consider…
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What Is A Certificate Of Rehabilitation? Criminal Defense AttorneyCriminal law attorneyRecord ClearingRecovery
July 20, 2020

What Is A Certificate Of Rehabilitation?

A Certificate of Rehabilitation (“COR”) is a useful post-conviction tool available under California law. It allows criminal defendants to clear their criminal records in California. While a Certificate of Rehabilitation…
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Restitution in Domestic Violence Cases Criminal Defense AttorneyCriminal law attorneyDomestic Violence
July 16, 2020

Restitution in Domestic Violence Cases

While victims typically seek restitution in cases involving larceny or DUI accidents, it is available whenever there is a victim who suffers damages. Payment of restitution to a victim may be a mandatory…
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Reducing A Felony To A Misdemeanor Criminal Defense AttorneyCriminal law attorneyReduction of Charges
July 14, 2020

Reducing A Felony To A Misdemeanor

Anyone who is convicted of a felony in American society faces significant burdens and hardships resulting from his or her status as a convicted felon. Employment opportunities are affected as…
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About California Labor Code § 432.7 Criminal Defense AttorneyCriminal law attorneyExpungementRecord Clearing
July 14, 2020

About California Labor Code § 432.7

California employers are limited in what information they may ask job applicants about their criminal history under California Labor Code § 432.7. This specific code section of the California Labor…
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Getting A Restricted License After A DUI Criminal Defense AttorneyCriminal law attorneyDUI Defense
July 10, 2020

Getting A Restricted License After A DUI

The administrative license suspension program, known as “Admin Per Se” (APS) was implemented in 1990. The California Department of Motor Vehicles (DMV) is required to suspend or revoke the driving privilege…
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About The Crime Of "DUI Causing Injury" Criminal Defense AttorneyCriminal law attorneyDUI DefenseWobblers
July 8, 2020

About The Crime Of “DUI Causing Injury”

California motorists who drive under the influence of alcohol and/or drugs face further serious criminal charges if they also cause injury. In these situations, drivers may be charged with driving…
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Self-Defense And the Castle Doctrine Criminal Defense AttorneyCriminal law attorneySelf-Defense
July 6, 2020

Self-Defense And the Castle Doctrine

In California, residents have no duty to retreat if they confront an intruder inside their home. They may use force against intruders who use or attempt to use force to…
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How Long Does Diversion Last? California Penal Code § 1001.36Criminal Defense AttorneyCriminal law attorneyDiversionMental Health Diversionpretrial diversion
July 2, 2020

How Long Does Diversion Last?

Pre-trial diversion programs in California permit eligible defendants to avoid time in jail. These programs provide education and treatment for those defendants who otherwise would face convictions for misdemeanor offenses.…
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Recidivism Enhancements And Custody Credits Criminal Defense AttorneyCriminal law attorneySentencing
June 30, 2020

Recidivism Enhancements And Custody Credits

Typically, subject to exception, defendants are entitled to custody or conduct credit for both actual time spent in custody before sentencing and credit for worktime and good behavior based on…
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Requesting A DMV Hearing After Arrest For A DUI Criminal Defense AttorneyCriminal law attorneyDUI Defense
June 26, 2020

Requesting A DMV Hearing After Arrest For A DUI

The State of California’s are continuously adapting as the result of the COVID-19 pandemic Currently, all Department of Motor Vehicles (DMV) hearings in and held by the State of California…
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What Is California’s One-Strike Law? Criminal Defense AttorneyCriminal law attorneySex offense charges
June 24, 2020

What Is California’s One-Strike Law?

Many Californians are unaware that they could face a life sentence upon a first-time offense if convicted of certain crimes under California “one-strike law.” California's one strike law, found in…
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When Is Robbery Also Kidnapping? Criminal Defense AttorneyCriminal law attorneyviolent crimes
June 22, 2020

When Is Robbery Also Kidnapping?

California Penal Code § 209 defines the offenses in California which constitute aggravated kidnapping. While the California code section related to kidnapping, California Penal Code § 207, has gone relatively…
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About The Crime Of Elder Abuse Criminal Defense AttorneyCriminal law attorneyDomestic Violence
June 18, 2020

About The Crime Of Elder Abuse

Many Americans are at a time in their lives when they may require assistance with simple everyday functions. Many are fortunate to have beloved family members helping them while others…
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About DUI School Criminal Defense AttorneyCriminal law attorneyDUI Defense
June 16, 2020

About DUI School

In the 1980s, as drunk driving escalated to new proportions, the California legislature, like many other state lawmakers, made a concerted effort to crack down on individuals who drive under…
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Enhanced Penalties for Causing Great Bodily Injury In Domestic Violence Cases Criminal Defense AttorneyCriminal law attorneyDomestic ViolenceFelonyviolent crimes
June 12, 2020

Enhanced Penalties for Causing Great Bodily Injury In Domestic Violence Cases

The penalties for domestic violence may be severe and include probation, anger management counseling programs, batterers’ treatment counseling programs, and jail or prison time. If an individual charged with a…
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How Does A Sentencing Hearing Proceed In California? Criminal Defense AttorneyCriminal law attorneySentencing
June 10, 2020

How Does A Sentencing Hearing Proceed In California?

Once an individual has been convicted of a crime in California, a crucial, usually life-altering, step remains - the court’s determination of the defendant’s sentence. This sentencing may occur immediately…
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Deliberation, Premeditation, And Malice Criminal Defense AttorneyCriminal law attorneyviolent crimes
June 8, 2020

Deliberation, Premeditation, And Malice

California Penal Code § 187 is California’s statute applicable to homicide and murder. Homicide is the killing of another person, whether lawful or unlawful. Thus, “homicide” includes not only those…
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Misdemeanor Or Summary Probation In California Criminal Defense AttorneyCriminal law attorneymisdemeanorProbation
June 4, 2020

Misdemeanor Or Summary Probation In California

  The California justice system contains two types of probation: The first is summary or informal probation, typically given for misdemeanor offenses where defendants serve their time without any supervision…
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Criminal Defense Attorneys And Early Case Intervention Criminal Defense AttorneyCriminal law attorney
June 2, 2020

Criminal Defense Attorneys And Early Case Intervention

There are circumstances under which it may be possible to stop criminal charges from ever being filed. In this interim period before formal charges are filed by the State of…
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Stalking Under California Law Criminal Defense AttorneyCriminal law attorneyDomestic ViolenceStalking
May 29, 2020

Stalking Under California Law

California Penal Code § 646.9 makes it a criminal offense to stalk another person. It is not enough to simply follow, harass, or threaten another person, but doing so must…
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For Out-Of-State Drivers Who Get A DUI In California Criminal Defense AttorneyCriminal law attorneyDUI Defense
May 27, 2020

For Out-Of-State Drivers Who Get A DUI In California

California considers motorists to be driving while intoxicated if they violate California Vehicle Code § 23152(a) (driving while under the influence of alcohol) and violate California Vehicle Code § 23152(b) (driving with a BAC of…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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