Tuesday, December 1, 2015
People sometimes think that the past won’t catch up with them, but with the prevalence of online resources and easy information transfer, your past may come back to haunt you. One of the problems that can pop up is a criminal record. The crime doesn’t even have to be that bad; misdemeanors, like drunk driving, can have the same effect as a felony. Even an arrest can be bad enough to cost you a job or ruin your future prospects.
The Effects of a Criminal Record
Hiring a criminal record expungement attorney in Sacramento is the best way to protect yourself from the consequences of past transgressions. What exactly can you expect if you have a criminal record? The main thing is that it can lower your chances of getting employed. Nowadays, most employers do background checks when offering a job. This is for security purposes and other concerns. For example, a school may want to hire a teacher who works with children. They would want a person who has a good background handling kids. Having an arrest on your record for any crime is a black mark against you, especially if you want to work closely with children, the elderly, and the disabled.
Monday, November 30, 2015
A police officer has many duties and responsibilities. One of which is removing inebriated motorists from the streets. However, what if a police officer needs help with a DUI charge? Such is the problem a police officer in San Luis Obispo is facing on a DUI charge.
There exists a possibility that a law enforcement officer will be duty-bound to bring in a colleague for allegedly having too much to drink. When an officer of the law needs independent representation for a fair chance in court, a criminal defense attorney in Rancho Cordova, such as Michael Chastaine, attorney-at-law, is the one to call.
Wednesday, October 28, 2015
DUI or driving under the influence is one of the most common cases filed every year. A DUI case conviction can have serious penalties and leave a permanent stain on your record. The obvious and best prevention to being arrested for a DUI is to NOT drink and drive. If you get arrested for DUI, the best possible outcome you can hope for is a dismissal. A skilled DUI lawyer can help look at all possible options that would lead to a dismissal. Certain circumstances surrounding the arrest may have significant effects on the outcome, so it’s best to be informed about what you should do when you’re flagged down for DUI.
Monday, October 26, 2015
Expungement offers a great opportunity for people with criminal convictions to start over with their lives. Through expungement, your past criminal records will be cleaned up, and the case legally dismissed. This gives you the chance to find gainful employment without the fear of being rejected or criticized due to any past record.
Technically speaking, companies are not allowed to discriminate against convicted persons when choosing candidates for a job, as doing so is a violation of Title VII of the Civil Rights Act. It is, however, common practice for many companies to perform background checks, and a past record may not exactly fit their idea of what an “ideal” employee is. While it is illegal to discriminate, it doesn’t really stop many employers from refusing job candidates with a past conviction. If you are going through a similar situation, get help from a criminal record expungement attorney right away.
Tuesday, October 20, 2015
Being charged with a crime does not necessarily mean you are guilty of it. However, one thing is for certain: You will need a competent lawyer to help you with your legal trouble.
If you have been convicted of a crime, either through a plea or by a jury, you will obviously have to deal with the outcome and the long-term consequences.
For instance, your criminal charge may still appear on your record many years later. Needless to say, this is going to be problematic when searching for employment especially for occupations that require a professional license such as CPAs, doctors, nurses, contractors and teachers. You may need some assistance to put this dark chapter in your life away for good.
Tuesday, September 15, 2015
Law enforcement officers have to follow specific procedures when they are going about their duties. Some of these procedures have been established by the Constitution. The Fourth Amendment, for example, states that they must have probable cause or a search warrant if they want to complete a search of a person or a person’s property. If the police officers don’t follow proper procedures, and a person’s rights were violated, there is a chance that the charges against the person can be dropped.
No Probable Cause
Take, for example, a recent case involving a federal drug trafficking defendant, which highlights the importance of knowing your rights when you are facing criminal charges. In this case, the man was stopped by police officers for jaywalking. That was the basis of their probable cause.
Friday, September 11, 2015
The California DUI law mandates that if you are lawfully arrested by an officer who has reason to believe that you’ve been driving under the influence of drugs or alcohol, you will be required to submit to a chemical test to gauge your blood alcohol content (BAC). This may be breath, blood or urine. While you are required to take a chemical test you are not required to take a preliminary alcohol screening test (PAS) at the scene of the arrest.
Wednesday, September 9, 2015
What does it mean to be placed on probation?
Probation is granted when the facts relevant to the crime, and its gravity, suggest that the probationer doesn’t pose a serious threat to society, and that lengthy imprisonment is not a reasonable punishment. If you plead guilty to a charge, a judge may grant you probation. As a condition of probation you may be required to serve a jail sentence as well as other conditions, such as paying a fine. The judge may suspend a jail sentence all together. This means that the Court postponed judgment of incarceration for a time, allowing you to serve your sentence out of jail in relative freedom. If you do conform to all probationary terms and steer clear of trouble, once the probationary period is complete, you can withdraw your guily plea and enter a plea of “not guilty.”
Saturday, July 25, 2015
Many people mistakenly believe that California DUI law merely involves drunk driving. But DUI stands for “driving under influence” and there are countless substances that can impair one’s ability to drive safely, including not only alcohol, but drugs as well. Some people only think of illegal drugs for cases of driving under the influence such as cocaine, LSD, and methamphetamine. However, you can be arrested for driving under the influence of drugs (DUID) for having taken prescription drugs or even over-the-counter medications.
Thursday, July 23, 2015
You’ve always dreamed of having a child, yet somehow certain life circumstances denied you that chance. The only option that seems available to you now is adoption. California mandates background investigations of all prospective adoptive parents. Unfortunately, a criminal record can cause your application to be rejected. Fortunately, you might be able to clear up any negative record you have with the help of a criminal record expungement attorney from Sacramento firms, such as the Chastaine Law Office.
Monday, July 13, 2015
What to do if you are arrested, but were actually innocent. Sacramento Criminal Record Expungement Attorney on what to do if you are the victim of a False Arrest
If you were falsely arrested, even if you were not charged you need to do everything that you can to remove it from your record. Retaining a criminal record expungement attorney in Sacramento like Michael Chastaine is a step in the right direction. There are a couple of things that one can do if falsely arrested. You can move the court for a determination of factual innocence. While the burden on you is fairly high, I have found that sometimes you can get the District Attorney to agree to such a finding. If the Court makes a factual innocence finding, the record of arrest must be removed from your record completely.
Wednesday, July 1, 2015
Being charged with a DUI is a serious matter that has serious consequences. While traumatic, it need not be a hopeless case if you can present a viable defense in court.
There are several of options for a defense, but you need to identify and use the one that best suits your situation. This is where help from a Rancho Cordova DUI lawyer can immensely improve your chances for a successful outcome. If successful, you may find yourself getting a reduced sentence or even having the charges against you dropped completely. Even an imperfect defense can have value.
Monday, June 29, 2015
Recently, it has been revealed that nearly a third of American adults have their names listed in an FBI criminal-records database, many of which include arrests without charges. This has become a concern for many people today since numerous companies use this online database for conducting a background check on an individual. If this is affecting you, one way to deal with it legally is to seek an expungement to clear, or at least hide, these charges from your potential employers.
With nine out of ten businesses getting background checks on their prospective employees, some might find it hard to find employment due to existing criminal records. In addition to wreaking havoc on your job search, it also makes it difficult to acquire a loan, professional license, or even getting accepted into college. If you’re among the many people caught in this dilemma, exploring the possibility of an expungement with the help of a trusted Sacramento expungement lawyer might be the right move.
Saturday, June 20, 2015
California allows some people to smoke marijuana for medical purposes. However, it is still illegal to drive a vehicle if you are impaired as a result of the use of any substance, including marijuana. That being said, the abliltiy to prove that you are impaired is difficult in California. While the California legislature is working on ways to uniformly prosecute such cases,CBS Bay Areareports that the state legislature won’t debate cracking down on marijuana-based DUIs this year.
If you are in caught in possession of medical marijuana or accused of driving under the influence of marijuana, a criminal defense attorney in Rancho Cordova such as Michael Chastaine or Amie Beighley of the Chastaine Law Office will work hard to prevent you from being convicted of such a crime.
Tuesday, April 14, 2015
Typical or misdemeanor-classified DUI charges may result in administrative action such as license suspension or revocation. Misdemeanor DUI charges can still put a driver in a county or local jail for up to a year. DUI charges classified as felony, on the other hand, usually result in a state prison term of at least 16 months and often three or more years, depending upon the extent of the injury. When the DUI-related accident results in the death of another person, the driver can be charged with reckless homicide. Because of the how serious the consequences can be today, you should immediately consult a DUI lawyer from Rancho Cordova if you are facing a DUI charge. A lawyer can help in a variety of ways including challenging the reliability of the test that was performed to prove that either his client was not driving under the influence or something other than DUI caused the accident.
Monday, April 13, 2015
A criminal record can also prevent you from migrating or traveling to certain countries. More and more countries are requiring a clean record when granting a travel visa. It’s important to research which countries allow travelers with criminal records to enter their shores. Thanks to a criminal record expungement attorney from Sacramento, however, there’s hope. This kind of attorney specializes in clearing up a person’s arrest and conviction record, hence the term (expungement). The lawyer does this by providing the court with justifiable reasons to restore their client’s clean record and helps them to enjoy more of life opportunities.
Saturday, March 7, 2015
Certainly, multiple DUI convictions will cause a licensing board to feel it has to address the issue, even if there is no clear connection to the profession. The lawyers at the Chastaine Law Office can address your employment concerns in these situations. In Sacramento County, police officers remain vigilant in their efforts to locate and arrest those driving under the influence. To properly deal with all of the issues that surround a DUI charge, a criminal defense attorney in Rancho Cordova such as Michael Chastaine can provide aggressive legal representation, see if police had probable cause to arrest you, study all aspects of your case, and present all of the evidence that is in your favor. The Chastaine Law Office can also address the issues presented by the DMV and any licensing board.
Friday, March 6, 2015
The recent passage of Proposition 47is already benefitting those in the prison system by classifying some drug and property crimes as misdemeanors instead of felonies. As a result, jails are able to release more inmates. However, Proposition 47 does not apply in all cases and some will be left behind and forced to serve their sentences. For the prisoner who has been released, there’s the immediate matter of getting back on their feet. They can start by discussing their options with a criminal record expungement attorney from Sacramento like Michael Chastaine, attorney-at-law.
Thursday, January 29, 2015
Having a criminal conviction on your record can prove to be a huge hindrance when it comes to pursuing a career. Oftentimes, information of a criminal conviction results in an outright rejection—or at the very least, a hesitation—from a potential employer or landlord. Nobody wants to be haunted by the mistakes of their past, especially if they have atoned for it already and are keen on having a new lease on life. Fortunately there are ways to help you get rid of the bad rap that goes with having a criminal record in Sacramento.
Tuesday, January 27, 2015
Driving while under the influence of alcohol is a serious offense. You are facing jail time, large fines, driving license restrictions and even possible employment implications.. If you find yourself or anyone in your family on the wrong side of the law you should you should hire a knowledgeable a law firm with a specific focus on DUI cases.
Thursday, January 22, 2015
The new law will make it easier for those with certain charges to rejoin society and save the state millions of dollars (not to mention jail space) in maintaining so many inmates. A 2012 Economist report stated that the U.S. was home to a quarter of the world's prisoners. Some county jails have already released inmates since then.
It's important that any affected person, whether in custody or out, move to have their record cleaned up following Prop. 47. If you’re in custody serving a sentence, this may be your key to the jail house door. Even if your conviction is old, removing a felony from your record can have a dramatic impact on your ability to obtain employment and other services.
Friday, January 9, 2015
Remember that a DUI is not just for driving under the influence of alcohol, it also includes drugs. Driving under the influence of marijuana is still illegal, either as a misdemeanor or felony, depending on a variety of factors including whether there is an accident.
However, there are significant difficulties in the prosecutions ability to obtain a conviction for a marijuana DUI. A major problem facing law enforcement is the lack of capability to determine how much marijuana a driver has in his system, let alone knowing if the driver is really impaired. In 2011, for example, an Illinois man heading to work was arrested for DUI after finding traces of pot in his system. A year later, the court dropped the charges after finding out that hypoglycemia was to blame.