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October 2014 Archives

Are there Criminal "Lobster Laws"?

There are lobster laws pertaining to the taking of lobster from California waters which make violations criminal and usually enforced by Fish and Game Officers.  These laws are designed to maintain a healthy marine environment and protect local lobster resources.  They are enumerated in the Ocean Fishing Regulations published by Fish and Game and available everywhere you can get a fishing license and on line.  These laws make many lobster regulation violations misdemeanors or offenses that can be punished by local jail up to 6 months or more and significant fines.

What is "Burglary"?

Burglary is entering a building with the intent to steal or commit a felony inside.  Many people falsely believe it pertains to just committing a theft, but it applies to all thefts and felonies and targets the "specific intent in the entering of the structure".  You can be charged with both the burglary and the underlying crime that occurred in the building if you intended to commit that crime as you entered the structure.  It could be assault with a deadly weapon, rape, felony vandalism or any felony or theft regardless of value. 

Does an Expungement really clean up my criminal record?

An Expungement per California Penal Code (PC) 1203.4 really does clean up your record.  It allows you to withdraw your guilty plea and dismiss your case and the record will indicate case dismissed per PC 1203.4.  It also cannot be considered in most instances, if it is expunged, for employment purposes including hiring, promotion or termination per California Labor Code section 432.7.  Additionally, you cannot be asked to disclose an expunged offense nor can employer seek information concerning the conviction from any source.

Can I be arrested for DUI after I am out of the car?

You can be arrested for DUI even after you are parked and out of the car.  It still has to be proven that you drove, however, that can be done in several ways.  The officers could have seen you drive, there may be a citizen call identifying the car and/or driver, there may be circumstantial evidence that you drove. The other way to prove driving is by you admitting driving or anyone with you saying you drove.  Additionally it has to be shown that you did not drink after driving so that any blood alcohol level can be extrapolated back to time of driving.

Is there a DUI license Suspension besides the Criminal Action?

There is a DUI license suspension action in addition to any suspension resulting from a conviction if there is alcohol involved in most cases if you are .08 Blood Alcohol level or greater or .01 or greater if under 21 or on DUI probation.  If you are arrested for DUI and there was no alcohol in your system only drugs and there was no refusal to take the test, then you are facing only the possible suspension if there is a conviction for DUI.  Most cases involve alcohol and there is a separate suspension notice and 30 day temporary pink slip given to you at the time of arrest when your California license is taken away by the officer, or you are served this pink sheet notice and you have an out of state license.