If you have been arrested for assault and battery, accused of domestic violence or spousal abuse, or served with a restraining order, you will need the help of a skilled…
House arrest is an alternative to confinement in a county jail or California state prison. The court may impose house arrest before a trial or even sentencing. However, not every…
An arrest for violating California Vehicle Code § 23152(a) (driving while under the influence of alcohol) and/or violating California Vehicle Code § 23152(b) (driving with a blood alcohol content (BAC)…
One of the most commonly known legal terms is “plea bargain” – a term that represents a deal or agreement between the prosecutor and the defendant to resolve a criminal…
The legalization of marijuana use in California has caused an increase in DUID (driving under the influence of a drug) cases. These are distinct from DUI cases involving alcohol. While…
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)…
California Penal Code § 273.5 PC makes inflicting “corporal injury” on an intimate partner that results in any physical injury, regardless of the severity, a criminal offense. This offense requires…
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
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…
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,…
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
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…
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…
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 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…
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
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…
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…
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…
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…
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
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…
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…
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 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 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…
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…
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…
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…
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…
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…
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 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…
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
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…
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: 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,…
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…
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?
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…
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…
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…
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…
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.…
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,…
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?
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?
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,…
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…