Fisher Law Office

San Luis Obispo Criminal Law Blog

Why can't my partner recant accusations of abuse?

When tensions are high between you and your partner or another member of your household, escalating tempers may be a common theme. Perhaps you or your partner has always had an explosive temper, or the situation may be especially volatile if your relationship is struggling to survive.

For whatever reason, police arrived at your home in response to a domestic violence call. Whether a concerned neighbor heard the shouting or your partner made the call, once police arrived, the situation took a fateful turn. It may have taken very little for officers to determine your partner was the victim of violence, and you ended up in handcuffs. You may be thinking that your partner can quickly explain the situation and drop the charges, but that is not how domestic violence cases work.

How could a restraining order negatively affect your life?

Often, if a person wants another individual to leave him or her alone, saying so is enough to address the situation. However, in some instances, an individual may carry out actions that frighten a person, and simply telling that other person to stay away does not help. As a result, the victim may feel the need to obtain a restraining order. While restraining orders can certainly help individuals who would otherwise be in harm's way, some people may abuse that protection.

For example, some people may attempt to get a restraining order in order to get back at a person whom they believe has wronged them, or a parent may try to get a restraining order against the other parent during a divorce to sway child custody proceedings. Unfortunately, these acts could spell trouble for you if someone tries to get a restraining order against you.

DUI with enhanced factors may derail your future

You probably already know that California is among the strictest states in the country when it comes to drunk driving laws. A conviction for a simple DUI may result in hefty fines that can devastate your budget and carry the potential for jail time, even for a first offense. Additionally, you may have other penalties, such as community service, probation or alcohol education classes. You will likely lose your license for a period of time.

As severe as these and other drunk driving penalties can be, there are some factors that can quickly increase the severity of the penalties you may face if a court convicts you. A DUI conviction can quickly derail your life and your opportunities for the future. It is important that you understand how much is on the line and how you may benefit from securing legal representation as soon as possible after your arrest.

What are per se DUI laws, and what do they mean for you?

You know that California DUI laws are tough, and driving drunk or under the influence of alcohol or drugs can result in severe penalties. You probably also know that the legal limit for blood alcohol content is 0.08%, but there are other DUI laws you may not fully understand. Many drivers don't know about per se DUI laws and don't understand what they could mean for them.

Per se laws essentially mean that a driver could face arrest and charges for intoxicated driving even if he or she does not feel impaired or is unaware that his or her BAC level is at or over the legal limit. These laws apply to both alcohol and drug-related DUI arrests. Regardless of the circumstances of your case, it is in your interests to know how to develop a strong defense strategy.

Drug trafficking charges? Know what you are up against

Drug charges are a particularly serious criminal offense, and if you are facing these allegations, you would be wise to take your case seriously. Any violation of drug laws can bring serious, potentially life-altering penalties, especially those that are felony-level offenses. This includes drug trafficking and distribution.

If charged with trafficking or distribution, you need to know what you are up against. These are grave criminal offenses, and a strong defense strategy is crucial. Starting with a full understanding of these charges and the penalties they could bring, you can start working on your defense plan from the moment you learn you may be under investigation. No matter the nature of the charges or your criminal history, your future is worth protecting.

What's the difference between assault and battery charges?

Do you know what assault charges could mean for your life? Are you facing accusations of battery yet feeling unsure of what that means? Most people have heard of assault and battery, but most are unaware that these are two separate charges. While they often go together, they are not the same thing, and it could prove useful for you to learn the difference. 

Any type of criminal charge that involves violence and causing harm to another person is serious. While it may not seem serious to you, especially if you did not mean to cause any harm, it is in your interests to take your case seriously. A conviction of any type of crime could result in penalties that may alter the course of your life.

What is going to happen if you are facing DUI charges?

Criminal charges can have a significant impact on your future, particularly those involving drunk driving. A DUI or DWI in California can change your life in many ways, but a conviction or guilty plea is never your only way forward. There are ways you can fight back and preserve your future interests, starting with a strong DUI/DWI defense strategy. 

It is useful to know what you should do after a DUI/DWI arrest. When you understand what to do next, you will be better prepared to protect your future interests and your rights. Whether it is your first offense or you have other infractions on your criminal record, your future is worth protecting. You also have the right to fight for your driving privileges.

Civil restraining order may provide the protection you need

You have had enough. Whether you are dealing with your neighbor, a former friend, a roommate or someone else, the dispute between you continues to escalate. Perhaps this has been an ongoing feud, or something recently caused bad feelings between you, but if the situation has taken a bad turn, you may have concerns for your safety.

If the person with whom you are in conflict has threatened you, this is something you cannot take lightly. Many times people have shrugged off a threat of violence as an overreaction and waited for the other person to cool off. Sometimes they are fortunate, and matters resolve themselves. Other times, the other person does not cool off, and the situation ends in tragedy. If someone has made you feel unsafe or threatened, you would be wise to seek information about a civil restraining order.

Were there valid grounds for your DUI arrest?

The conviction of a crime can have a negative impact on multiple areas of your life. This also true with a DUI or DWI, whether it is your first offense or you have previous drunk driving convictions on your record. No matter your history, your future is always worth protecting, and you can do this by presenting a strong and well-prepared DUI/DWI defense against these charges. 

One of the most basic elements of a good defense is to carefully evaluate all of the details of your case, including the circumstances of your arrest. Police must have very specific reasons for placing a person under arrest, and without those reasons, the entire case against you may be invalid. If you suspect that you experienced a violation of your rights or there is a problem in the way you were treated, you can fight back.

Did meth use land your loved one in a difficult position?

It is much easier for a person's life to become turned upside down than many individuals believe. A simple mistake or action believed to be inconsequential could actually have lasting impacts on your life or the life of a loved one. In particular, you may worry about the path your loved one's life is taking after becoming involved with methamphetamine.

You may not know much about the substance itself, but you do know that it contributed to your loved one not acting like him or herself. You may have noticed many changes in appearance and attitude, and you likely knew the situation had taken a turn for the worst when police arrested your loved one.

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1322 Morro Street
San Luis Obispo, CA 93401-4028

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