legal facts

Legal Fact of the Day 12/30/12

Over the years of our life we constantly do things without thinking. How many of us have grabbed our keys and ran out the door to go pick up a child or friend realizing that we are late in picking them up just to find out when we are half way to our destination we forgot our wallet and driver's license?

Although this does not seem to be nothing more than a mere indiscretion, this is in fact a quasi-criminal offense and an infraction. California Vehicle Code Section 12951(a) indicates in part....."The licensee shall have the valid driver's license issued to him or her in his or her immediate possession at all times when driving a motor vehicle upon a highway." If this happens, you could be facing an infraction and mandated to appear in court.

In the above scenario, if you did in fact have a valid California driver's license you may be in luck. California Vehicle Codes Section 12951(a) goes on to state that "Any charge under this subdivision shall be dismissed when the person charged produces in court a driver's license duly issued to that person and valid at the time of his or her arrest...." Therefore although there can be an inconvenience of having to go to court to show the judge/court your valid California driver's license issued to you before the date of the incident, the court should ultimately dismiss this case against you with a proof of correction fee usually around $25.00.

If any traffic or criminal event happens to you, call our offices and in most cases we can help avoid you having to appear in court at at all.

For more information, or for help with any legal questions visit www.KazarianAtLaw.com or call 1-657-2008-LAW

Legal Fact of the Day 10/2/12

Don't forget being around and not reporting a crime can still get you in trouble! You could be considered Either an accessory to the crime or an accessory after-the-fact!

Parties to a crime are either classified as (1) Principals, or (2) Accessories. While the principal usually suffers the brunt of the consequences when they are caught, anyone who goes along with criminal activity and isn't considered a principal is an accessory. Anyone who, after the felony has been committed, "harbors, conceals, or aids…with intent that…principal may avoid or escape" is an accessory to such felony. (Cal Penal Code Section 30)

Punishments for being an accessory to a felony can include fines up to $5,000, up to one year in jail, or both!

For more information, or for help with any legal questions visit www.kazarianatlaw.com or call 1-657-2008-LAW

Legal Fact of the Day 9/26/12

When an officer stops you and you are not free to leave, you are under arrest and arrests require Probable Cause!

While the final determination is made by the judge, Probable Cause can be established through factual evidence, observations which create a reasonable suspicion, or information gathered from witnesses or informants.

A police officer who smells an illegal substance, sees a gang sign flashed, or other conduct which suggests criminal activity could be underway has been determined to have probable cause to investigate further.

However, if you or someone you know has been arrested and that arrest was without Probable Cause, there may have been a violation of your Fourth Amendment rights! Contact Kazarian At Law for a consultation.

For more information, or for help with any legal questions visit www.kazarianatlaw.com or call 1-657-2008-LAW

Legal Fact of the Day 9/25/12

Memorizing the alphabet backward isn't the best defense against a DUI!

If you're DUI and you get pulled over, walking a straight line and saying the alphabet backwards may not be enough to get you out of trouble.

According to California Vehicle Code Section 23152, anyone apprehended while driving with a Blood Alcohol Content (BAC) of 0.08% or higher is per se Driving Under the Influence.

By the way, anyone under 21 is per se DUI when driving with a BAC over 0!

For more information, or for help with any legal questions visit www.kazarianatlaw.com or call 1-657-2008-LAW

 

Legal Fact of the Day 9/19/12

Probation Violation is always a serious matter and can occur by violation of ANY of the terms set by the court.

For the duration of the sentence, parolees are under obligation to adhere to a very strict list of rules. While individual terms will vary, some common terms include scheduled court appearances, drug testing, limited travel rights, or even prohibition from visiting certain people and places (designed primarily to prevent gang recidivism). Violation of any of these terms can lead to sentences like extended probation time, new terms, or even time in jail or prison.

For more information, or for help with any legal questions visit www.kazarianatlaw.com or call 1-657-2008-LAW