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Archive for July, 2010

Alternative Sentencing Methods and Possibilities

26 Jul

The first thing attorneys usually hear from clients is: “I’ve been to jail and I never want to go back“.

Avoiding jail is the goal of almost every client charged with an offense.  Because of family and work commitments, a jail sentence can often involve losing more than just the time served.  Although alternative sentencing is not necessarily available in every case–it is imperative to run suck alternatives with both the District Attorney’s Office as well as the Court.  Availability of such alternatives revolve around the surrounding circumstances and mitigating circumstances of each case.  It is also important to note that each case differs from another.  However, our office strives to find an alternative to jail whenever possible. Some of the alternatives available are detailed below. If you or a loved one is charged with an offense that involves jail time and you wish to want to find out if we can help you find an alternative to jail, call now and ask to speak directly with Mr. Nosratabadi. Continue reading “Alternative Sentencing Methods and Possibilities” »

Tags: Criminal Defense Articles, jail sentence, alternative sentencing, Jail Sentencing, work commitments, district attorney, jail time
 

Can an Unmarked Police Vehicle Pull You Over for a DUI Investigation?

08 Jul

Dyer v. DMV

March 19th, 2009

Yes, in Dyer v. DMV, a uniformed cop in an unmarked police car conducts a traffic stop and notices objective signs of Driving Under the Influence and finds an open alcohol bottle in a vehicle after conducting an inventory search.  The DMV suspends the Defendant’s California Driver’s License after an Administrative Per Se Hearing.  The Defendant appeals contending that the arrest was not legal.  Court reasoned that California Vehicle Code 40800 governs the issue here: Continue reading “Can an Unmarked Police Vehicle Pull You Over for a DUI Investigation?” »

Tags: evidence, enforcement, traffic stop, Criminal Defense Articles, DUI, speed violation