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Redding California Criminal Law Blog

Types of domestic violence and how to defend accusations

While the court takes cases regarding domestic violence in California seriously, some cases unfortunately involve suspects who are facing false accusations. When considering domestic violence, many only think of physical assault, but there are numerous ways a victim can experience this type of behavior. Depending on the allegations, there are various ways an attorney may fight back against the charges.

According to the Arizona Coalition to End Sexual and Domestic Violence, abusive behavior can occur in a variety of ways. The types of domestic violence that a victim may experience include:

  • Physical abuse
  • Sexual abuse
  • Verbal abuse
  • Emotional abuse
  • Controlling behavior
  • Economic abuse
  • Isolation
  • Stalking

What are the penalties of a DUI conviction?

Californian residents like you will be facing a sticky situation if you end up with DUI-related charges. Because of the strictness of California laws, you may be facing down quite a hefty penalty if convicted, even on a first offense. Today, John M. Kucera, attorney at law, will discuss some of those potential penalties.

Depending on how many DUIs you have had in the past and the degree of severity of your current DUI, your possible penalties may change. For example, a first offense can land you with up to a $1,000 fine, up to 6 months of license suspension, and up to 6 months in jail. This may seem like a startlingly harsh penalty for a first offense. However, higher offenses are even stricter.

Teen dating is too often deadly

Research about domestic violence has almost always exclusively focused on adults, with data highlighting the fact that the vast majority of domestic violence victims are women and that woman of all ages and socioeconomic status can be affected. However, according to NPR, a recent study may have revealed alarming information about domestic violence and teenaged victims.

 

Be careful when you speak

Police in California may employ various strategies in order to make you incriminate yourself. The unfortunate fact is that many interactions you may have with police officers would probably begin with their suspicion that you were breaking the law in some way. 

Fortunately for you — and for the civil rights of all citizens of the state — the court system does not share this presumption. Depending on the type of action against you, the other party, the state in the case of criminal accusations, has to show a certain amount of evidence before any guilt is assumed. One of your primary concerns during the entire criminal intake and defense processes should be avoiding supplying police and state prosecutors with this evidence yourself. At the law offices of John M. Kucera, attorney at law, our criminal defense team has one purpose: to protect the rights of our clients

Helping you through every stage of DUI defense

At the office of John M. Kucera, Attorney at Law, we understand that most people depend on their cars to get around in California. That can make it difficult when you could be affected by the license suspension program. We apply all possible defenses to help our clients recover from the potentially damaging consequences of these suspensions or revocations.

It may seem like a no-win scenario when you have a license revocation from a traffic stop. however, you should probably act quickly, regardless of what you intend to do. The time window for asking for hearing is often quite small.

Domestic violence restraining orders in California

When Californians are involved in domestic violence incidents, they may seek protection through obtaining domestic violence restraining orders. Therefore, it may be helpful for those who have experienced such situations to understand the different types of domestic violence restraining orders that may be issued against them.

According to the Judicial Council of California, there are four types of domestic violence restraining orders – temporary restraining orders, permanent restraining orders, criminal protective orders and emergency protective orders. A violation of these orders may result in a fine, jail time or both.

Acquiring a conceal and carry (CCW) permit

A constant stream of gun violence is in the news. You’ve been concerned about your personal safety or you want to protect a business or some other interests. You need to be prudent, patient and complete the process to acquire a conceal and carry permit for the state of California.

Criteria for granting a CCW

Problems with field sobriety tests

For many years now, California law enforcement officers have administered specific tests before they arrest a driver and charge them with suspected driving under the influence of alcohol. These tests, commonly called field sobriety tests, are standardized and approved by the National Highway Traffic Safety Administration. That, however, does not mean that they are completely accurate. In fact, each of the three tests has a defined inaccuracy rate.

As explained by FieldSobrietyTests.org, the most accurate of all three tests is the horizontal gaze nystagmus test and its accuracy rate is still only 77%. This test measures an involuntary spasm of the eyeball. Some neurological conditions might interfere with the accuracy of this test.

When you cannot turn right on a red light

Stopping at a red light is a basic rule of the road that everyone who drives should be aware of. It is also common that motorists believe they can make a right turn into a different intersection while the light is still red. However, some California motorists may wonder if such turns are illegal, or if turning right on red is restricted. They may not want to turn unless they know they are legally permitted to do so.

Like many states, California permits its motorists to make right turns at a red light. After coming to a complete stop, a California driver is allowed to turn right, though there are some circumstances that prohibit making a right turn. Making sure you know these circumstances can help prevent an accident that results in serious injury and possibly loss of life.

How can you recover from a violent relationship?

If you have been the victim of domestic violence, you may have experienced the anxiety of facing your future. Now that you are on your own and no longer subjected to the demands and insults of your abuser, how can you move on and live a happy, content and successful life? Fortunately, with your focus on your strengths and your goals, you have the ability to recover from your past relationship and to find contentment once again in California. 

One of the most valuable things you can do is to seek the help of a professional who can help you process the emotions and worries that you are dealing with in the aftermath of a traumatic situation. You can also benefit from relying on your support system of family and friends who can provide comfort and strength in the moments when you are feeling doubtful. 

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John M. Kucera, Attorney at Law
1416 West Street
Redding, CA 96001

Toll Free: 888-498-0346
Phone: 530-410-0090
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