Do Not Take Domestic Violence Charges Lightly

Posted on | April 5, 2012 | No Comments

Mount an immediate strong defense

California law calls for special penalties in cases of domestic violence (physical abuse involving those with close relationships). Relationships covered under the domestic battery law include those with your spouse, domestic partner/live-in or fiancée, the parent of your child, your former spouse or fiancée, or a person you used to date. The law is intended to protect vulnerable parties and express the state’s condemnation of domestic abuse. If you have been charged with domestic violence, do not take the situation lightly. In addition to serious penalties, a conviction will burden you with a lifelong social and professional stigma. Consult with a criminal defense attorney as soon as you know charges may be or have been filed.

Defense against charges of spousal abuse / domestic violence

Before you can be convicted of assault and battery under California’s domestic violence law, the prosecutor must prove you intentionally inflicted a physical injury, causing a traumatic condition. (Charges of emotional or mental abuse do not fall under the domestic violence statute, but instead under California’s stalking or criminal threats laws.)

Defense counsel may show there was no intentional violence. The defendant may have actually tripped and accidentally bumped his girlfriend, rather than shoving her. Or the wife threw a vase, but aimed at the wall, not her husband.

If there was a heated argument or struggle, the defendant’s action may have been in self defense.

The charges are based on a false accusation.

The defense may argue there was no evidence of a traumatic condition. It is up to the prosecution to prove the defendant’s action resulted in a visible physical injury such as a scratch, broken bone, or concussion.

Domestic assault and battery sentencing

A simple domestic battery conviction may result in a sentence of up to a $2,000 fine and a year in jail. If the court instead imposes a sentence of probation or a suspended sentence, the offender is required to participate in a one-year batters’ treatment program or other court-ordered counseling. If the victim’s injury was serious, there will be a strike under California’s Three Strikes law.

In lieu of a fine, the judge may order up to $5,000 in payments to a battered women’s shelter and/or reimbursement to the victim for costs of counseling and other expenses related to the battery. A repeat offender who is given a sentence of probation or a suspended sentence is required to spend a minimum of 48 hours in jail.

The court has flexibility in sentencing, and the outcome may rely in part on arguments presented by a defense lawyer on behalf of a client accused/convicted of domestic assault and battery. Court-ordered reimbursement or payments to a women’s shelter are subject to a means test and identification of marital and separate property; and the court may choose, depending on circumstances, not to impose the mandatory minimum sentence.

The consequences of conviction for domestic assault and battery are severe. If you have been arrested and charged with either offense, it is important to speak with counsel at the first opportunity. A criminal defense attorney from the Law Office of Lance Dacre in Napa will explain your options and possible consequences.

What Can I Expect After Being Arrested for DUI in California?

Posted on | March 16, 2012 | No Comments

DUI Defense Attorney • Napa California

While each California county and municipality may treat DUI offenders somewhat differently, it’s likely that your car will be impounded after you’ve been arrested for drunk driving. Depending on the circumstances of your DUI arrest, you may be required to post bail or you may be released according to the terms of a general recognizance bond. If ordered to post bail, a judge will determine the amount and your arraignment should occur within 48 to 72 hours after your arrest. The amount of bail ordered will depend on your criminal and driving record. You must then appear before a judge in order to enter a plea of “guilty” or “not guilty.” The court should provide you with a copy of any police report or breath or blood test results from your arrest.

Your Temporary License and the DMV Hearing

At the time of your arrest, your driver’s license should have been confiscated by the arresting officer. He should have given you a “Suspension Order and Temporary License“ – a pink slip of paper that allows you to drive while waiting for your DMV hearing. It’s important to understand that your temporary license is only good for 30 days. Also, you have only 10 calendar days to schedule a DMV hearing after your DUI arrest or your license will be automatically suspended.

After your DMV hearing is scheduled, the suspension of your license will depend on what is decided in the Administrative Per Se hearing. DMV hearings can be conducted in-person or over the phone. If you opt for a in-person hearing, you can use witnesses and have a lawyer represent you. This allows you to question the officer who arrested you and challenge the results of any breath or blood tests.

The Importance of the Pre – Trial Motion in a DUI Arrest

Through the pre – trial motion, a request can be made to dismiss the DUI charge against you. Your attorney can request a copy of the state’s evidence against you, ask that certain evidence be withheld, or move to have the charges against you dismissed. There may be reasons to believe the arresting officer did not have reasonable suspicion to pull you over in the first place, that the field sobriety test was improperly administered, or that the breath or blood test results are not reliable.

Since this process can take several weeks or months, the prosecutor may offer a plea bargain, allowing you to plead to a lesser charge. As a result, your sentence may be reduced in exchange for more hours of community service, alcohol counseling, or driver’s education. Consequently, you may be able to avoid a DUI on your criminal record, points against your license, and the suspension of your license.

What happens if I go to Trial on a DUI Charge?

If you choose to go to trial, the court date must be set within 10 days of the date indicated by the court. If your trial does not begin by the date specified, the charges against you may be dismissed. A twelve-member jury must be selected to hear your case. After the prosecutor and your attorney select a jury, the prosecution will begin its case against you. You attorney can cross exam any witnesses for the prosecution and introduce experts to testify on your behalf. In order to be found guilty, all twelve jurors must return a verdict of “guilty.” If found guilty, the judge will determine your sentence.

Avoid the Loss of Your License and Jail – Contact Lance Dacre

A DUI charge is a serious matter in California. If you’ve been arrested for DUI, contact Napa DUI defense attorney Lance Dacre today to learn how we can help you while protecting your rights and driver’s license.

A DUI Conviction Affects Your Insurance Rates

Posted on | February 28, 2012 | No Comments

Being convicted of a California DUI offense often involves severe penalties such as:

• Jail time
• Heavy fines/penalties
• Mandatory treatment programs
• Driver’s license loss/suspension

Unfortunately, even after you have paid your debt to society you are going to have to face other consequences which you may not have realized. If you lost your driver’s license for a period of time following your DUI conviction it is likely that your insurance company either canceled your policy or the policy lapsed. Once you have regained your driving privileges you must find insurance coverage as part of the process of license restoration. However, obtaining coverage after a DUI conviction can be difficult because:

• Your rate may as much as triple from its previous level
• You are required to obtain an SR-22 certificate compliance
• Insurance companies may decline coverage because you are high risk
• With a DUI conviction your insurance rates will be automatically higher for at least the next three years.

Typically, part of the process of restoring your driver’s license is providing proof of liability insurance and an SR-22 insurance certificate. Many insurance companies do not offer SR-22s and insurance companies that do offer SR-22s generally charge higher rates because the insured is considered a higher risk to insure. If you should let your SR-22 certification lapse, your insurance company is required to notify the DMV that your policy has lapsed or is canceled which puts you at risk for losing your driving privileges.

How a Napa DUI lawyer can help you

If you have a DUI conviction and seek restoration of your driving privileges, talk to a Napa DUI lawyer about state SR-22 insurance requirements and getting your license reinstated. Contact the Law Office of Lance Dacre online or call 707-534-1854 to discuss your case.

Possession of Marijuana in California

Posted on | January 27, 2012 | No Comments

Although California is more liberal in general regarding possession of small amounts of marijuana, it does not mean that a marijuana possession charge is something to take lightly.

In California, a simple marijuana possession charge (of less than one ounce) is now a civil infraction and carries a $100 dollar fine and no jail time for a first offense. However, you are still open to a charge of intent to sell if you possess items that suggest distribution—which makes the situation more serious.

Even a conviction on a misdemeanor marijuana charge becomes a permanent part of your record and can affect your future. A criminal conviction can affect your ability to find affordable housing, employment opportunities, career opportunities, and your ability to obtain credit.

An experienced California drug charge defense attorney can help you determine the best strategy to defend possession charges or even obtain an agreement to an informal diversion. An informal diversion enables you to avoid any kind of plea by going through a treatment program, doing some community service and paying fines. This type of arrangement means your case is dropped and you are able to keep your record clean.

However, not all prosecutors and judges will agree to an informal diversion. An experienced defense attorney can provide additional defense strategies such as:
• California drug courts
• Proposition 36
• Deferred Entry of Judgment

Often the above alternatives result in the charges being dismissed upon a successful agreement to treatment and any other included terms.

Talk to a California drug crimes defense attorney today

Specific defense strategies depend on the circumstances of your case, and an experienced drug defense attorney can determine the best approach to your case. Contact the Law Office of Lance Dacre online or call 707-534-1854 to discuss your marijuana possession defense.

Can You Avoid Jail in Marijuana Drug Charges?

Posted on | January 12, 2012 | No Comments

If you have been arrested for or charged with a marijuana offense in California you may be worried and rightfully so. Society in general looks down on drug offenses and accordingly the laws regarding drug offenses can be harsh.

However, an experienced California drug charge defense attorney can provide several defense options. In a first offense drug charge you may be eligible to participate in a program that enables you to avoid incarceration such as:

• California Drug Court. Which is a program that lasts a minimum of one year, and involves participation in drug counseling, drug testing, 12-step programs, and court reviews. The program has specific goals and objectives aimed toward rehabilitation as opposed to incarceration.

• Proposition 36. The Substance Abuse and Crime Prevention Act, also known as Proposition 36, was passed in 2000. The passage of Proposition 36 changed state law to allow first and second offenders of nonviolent, simple drug possession cases to receive treatment instead of incarceration. The program typically lasts for one year and the type of treatment you receive is determined by an expert from the Department of Health.

• Deferred Entry of Judgment. In a deferred judgment you are convicted of a crime, but the court gives you a second chance. After completing the terms of probation (fines, probation appointments, therapies, etc.) your conviction is removed from your record. However, if you violate the terms of your probation the court can order you to jail without any hearing because you have already pled guilty. Typically only individuals with no previous records are eligible for a deferred judgment.

A California drug crimes defense attorney can ensure your best defense

Facing any drug possession charge can be daunting. And having an experienced attorney on your side can ensure you receive the best defense available to you. Contact the Law Office of Lance Dacre online or call 707-534-1854 to discuss your marijuana drug charges case.

Is Bankruptcy the Right Step for You?

Posted on | December 29, 2011 | No Comments

High unemployment, a sluggish economy and uncertainty about the future has affected most Americans on some level. Even if you are employed, you may still be worried that you cannot continue to make ends meet or worse, that your ability to provide the basics for you and your family will continue to diminish. And consequently, you may be considering bankruptcy to solve your financial woes.

Filing bankruptcy in California is a big step and one to consider carefully. And in your deliberations you should consider the following:

Is bankruptcy your only option? Before deciding on bankruptcy consider other options such as obtaining additional work, debt negotiation or work-out agreements, and credit counseling. If your debt load is too high debt negotiation or credit counseling may not be an option and finding additional work may not be possible. However, if your financial situation is still manageable through alternative methods, you should consider at least trying these methods before filing bankruptcy. An experienced California bankruptcy attorney can help you determine if alternative options are available to you.

Assess your debts and assets. If you file a Chapter 7, your assets are liquidated to pay off your debts, and you lose all assets that are not exempted under bankruptcy laws, which could include: Your home, vehicles, real estate, jewelry, or other valuables. A bankruptcy attorney can be a tremendous help in the bankruptcy process.

Also, some debts are non – dischargeable in personal bankruptcy, including: Child support, alimony, student loans, certain taxes, or legal judgments. If most of your debt is comprised of the above categories, then bankruptcy may not provide any real debt relief for you.

Speak with a California bankruptcy professional before you decide

Before deciding to file bankruptcy, you should discuss your situation with an experienced California bankruptcy attorney. Contact the Law Office of Lance Dacre online or call 707-534-1854 to discuss your bankruptcy options today.

You, Bankruptcy and Today’s Economy

Posted on | December 15, 2011 | No Comments

The economy has been tough for many Americans in recent years, and has affected all of us in one way or the other. According to the U.S. Bureau of Labor Statistics, in 2010:

• The unemployment rate rose from 9.6 percent to 9.8 percent
• The unemployment rate for men was 10 percent
• The unemployment rate for women was 8.4 percent
• The total number of unemployed was 15.1 million
• The total number of long-term unemployed remained at 6.3 million
• The number of under-employed persons remained at 9.0 million
• The largest job gains were in temporary help services and in health care
• The retail trade lost 28,000 jobs

Even though things have improved somewhat, the slow economy and continued high unemployment and underemployment makes it difficult for many of us to fulfill our financial obligations—in some cases, even impossible.

So maybe it is not surprise that the American Bankruptcy Institute stats show that by 2009 the number of bankruptcies filed had increased fivefold from 1980.

Most people don’t want to even consider filing bankruptcy in California except as a last resort and consistently, those who have found themselves in deep financial trouble are there because of a serious illness, a job loss or family problem. Although many may consider filing bankruptcy a personal failing, often it is the best or only solution in dealing with insurmountable debt.

Talk to an experienced California bankruptcy attorney today

Personal bankruptcy can eliminate debt, save your home and give you a fresh start. If you are considering bankruptcy, contact the Law Office of Lance Dacre online or call 707-534-1854 to discuss your bankruptcy options today.

DUI Offenses in Napa, CA

Posted on | November 30, 2011 | No Comments

If you have been arrested for drunk driving one of your first actions should be to retain an experienced Napa DUI attorney who understands the dynamics of a DUI case in California. California’s zero tolerance policies on blood alcohol content (BAC) above 0.08 or an open container make a California DUI case a serious matter. If you are convicted of a DUI offense you face:

• Driver’s license suspension/revocation
• Large fines
• Jail time

In the state of California and across the United States society looks down upon drunk driving particularly if the offense involves an accident where people are injured or even killed. In fact, studies estimate that drunk driving contributes to a motor vehicle-related death every 33 minutes in America—and drunk driving fatalities are a leading cause of death among young people. The effects of drunk driving cost the public billions of dollars every year in:

• Reduced productivity
• Property damages
• Human lives

Although the consequences for a first offense DUI are the same as those for repeat DUI offenses, the penalties can be more severe with each subsequent offense. And your charges and punishment can be compounded by related charges such as:

• Speeding
• Underage drinking
• Child endangerment

Drunk driving related motor vehicle accidents can impose further penalties and even felony charges if there was:

• Serious physical injuries
• Extensive property damage
• Fatalities

Contact a California DUI Attorney Today

California only gives you ten days to protest a DUI-related license suspension and an experienced DUI attorney can also represent you at the suspension hearing. No matter what the circumstances, if charged with a DUI, let an experienced attorney help you mount a proper defense. Contact the Law Office of Lance Dacre online or call 707-534-1854 to discuss your DUI case.

California DUI Penalties

Posted on | November 15, 2011 | No Comments

Napa, California Drunk Driving Defense Attorney

A DUI in California is a serious matter. If convicted, you face fines, the suspension of your driver’s license, the installation of an ignition interlock device, and possibly jail. Additionally, California has enhancement penalties in cases where a driver’s blood alcohol content (BAC) is in excess of .15% or if a minor under the age of 14 was a passenger in your car at the time of your DUI arrest. On top of any penalties imposed by a judge, you face increased insurance premiums, a permanent criminal record, and two points against your driver’s license that remain on your record for ten years.

If you’ve been arrested for drunk driving, the arresting officer should have given you a pink slip of paper. This serves as your temporary license. If you do not request a DMV hearing within ten days of your arrest, your license will be automatically suspended. It is essential that you schedule a DMV hearing as soon as possible to avoid the automatic suspension of your license.

DUI Penalties for First Time Offenders in California

Judges have a certain amount of discretion when sentencing DUI offenders. While each county and municipality may impose its own fines and jail sentences, in general, if convicted for drunk driving in California, you face the following kinds of penalties:

First time DUI Offenders

• Fines – between $390 and $1,000
• Jail – a possible jail sentence up to 6 months
• Driver’s license suspension – driver’s license suspension of up to 6 months
• Underage DUI – if under the age of 21, your license will be suspended for a year
• DUI school – three to six months
• Ignition interlock device – the court may order the installation of an ignition interlock device
• Community service – community service may be required if a plea bargain is offered.
• Probation – three to five years

Second DUI Conviction within Ten Years of First DUI Conviction

• Fines – between $390 and $1,000
• Jail – a minimum of 10 days to a 1 year maximum in jail
• Driver’s license suspension – a two year suspension of your driver’s license
• Restricted license – eligibility for restricted license after 1 year
• DUI school – eighteen months
• Probation – three to five years

Third DUI Conviction within Ten Years of First DUI Conviction

• Fines – between $390 and $1,000
• Jail – a 120 days to a year in jail;
• Driver’s license suspension – a three year revocation of your driver’s license
• Restricted license – eligibility for a restricted license after 18 months
• DUI school – thirty months
• Probation – three to five years
• Ignition interlock device – yes

Fourth DUI Conviction within Ten Years of First DUI Conviction

A fourth conviction for DUI may be charged as a felony in the state of California. As a consequence, if convicted you could face a three-year prison sentence and a 5 year revocation of your driver’s license.

Contact Napa, California DUI Defense Attorney Lance Dacre

If you’ve been arrested for drunk driving, it’s important to protect your rights and take steps to avoid the loss of your license. Even if you failed a breath or blood test, there are a number of issues that need to be considered before deciding what’s the best course of action. If your field sobriety test was improperly administered or if the Intoxilyzer or Breathalyzer machine was incorrectly calibrated, the charges against you may be dismissed.

To learn how we can help you, contact Napa DUI defense attorney Lance Dacre today to schedule an appointment and discuss your case.

Attorney Retainer – What Can You Expect?

Posted on | May 19, 2010 | No Comments

How to Hire a Lawyer on Retainer

A lawyer is a legal professional certified to practice law in a particular state. Hiring a lawyer is often an important step in the resolution of a particular legal issue or problem. When you’re choosing a lawyer, choose one who has experience in the area of law relevant to your case. Lawyers can be expensive, and, in some instances, you may be able to get a lawyer on a retainer fee. A retainer fee is an assurance that the lawyer will solely be available, as per requirement, to work on your case.

The advanced payment for an attorney’s services is called a retainer, which is intended to insure the representation of the lawyer for his client and his compensation as well. When extensive works are involved, a retainer agreement commonly takes place between the attorney and the client. Further payments for services can be expected as the time spent on the legal matter increase. Most lawyers wish to be paid either advanced or on time after the service is executed.

Instructions

Step 1

Look for a lawyer with experience in your area of need. Many different types of law are practiced, such as elder law, criminal defense, immigration defense, personal injury and contract law. The individual that you plan on retaining should have a proven track record.

Step 2

Find out if the lawyer is currently a member of the bar association in your state. This is achieved by contacting your state’s bar. Most of the state bars also list any grievances from clients that the attorney has.

Step 3

Contact the lawyer you want to retain and inquire about their fee schedules. Ask him or her what the firm’s explicit retainer policy is. In some instances, certain types of legal services are covered under the retainer fee, or the retainer fee acts as a down payment towards your case. If this is the situation, your legal fees will be subtracted from the retainer and you will be required to make another payment at that point.

Step 4

Complete the necessary forms and paperwork to hire the lawyer. Pay his or her retainer fee .

Tips & Warnings

•Once you retain a lawyer, no one else can represent you for that specific legal issue unless you fire your current counsel and hire another attorney.

•Hiring a lawyer on a retainer fee may be more costly than him or her working for you on a standard, hourly or contingency rate. Bear this in mind before retaining an attorney.

At LawyersonRetainer.com, you will find products, information, and resources on lawyer on retainer, lawyer retainer, and lawyers retainer.

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