Law Office of Ronald A. Cabanayan
Law Office ofRonald A. Cabanayan

DUI ~ Criminal Defense ~ Immigration/Naturalization

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San Jose California Criminal Defense And Immigration Law Blog

Do you have to let the police inside your home?

All of your life, you have respected the police. You know they are in a position of authority. You are polite to them when you encounter them. You don't go out of your way to cause trouble.

However, you start to reconsider your position when an officer shows up at your house, knocks on the door, and asks if he can come in and take a look around. Do you have to let the police in? Should you?

Can a 0.07% get you a DUI?

Drunk driving, you've always heard, happens when you go over a blood alcohol concentration of 0.08%. That's the legal limit. If you drink more than that and drive, you're breaking the law.

This is not entirely accurate. Yes, exceeding 0.08% and driving is illegal. However, what the law really prohibits is impaired driving. You can be impaired when you're under 0.08%. If you blow a 0.07%, you could get a DUI.

Did police have a legal reason to stop you for DUI?

Police officers know they must have a good reason for pulling you over. This reason is known as "reasonable suspicion." If a California officer stops you and arrests you on suspicion of a drunk driving offense, the original stop probably occurred because the officer witnessed you doing something that indicated you were not in control of the vehicle or that violated traffic laws.

In other words, unless they are conducting a sobriety checkpoint, police cannot randomly pull people over to see if they have been drinking. This is important to know because without a valid legal reason for initiating a traffic stop, everything that happens during the stop comes into question. In fact, it is not unusual for a judge to throw out a DUI charge when the arresting officer did not have a reasonable suspicion that you were breaking the law.

California moves closer to new health care immigration laws

The health care options for immigrants in California, even those who are not yet documented, could be changing in the near future. The state is moving closer to a new budget agreement that would provide care for immigrants under the Medicaid program already in place in the state.

It would not give these options to everyone. They would have to be from 19 years old to 25 years old, for instance. They would also have to have an income level low enough for them to qualify. This would help those who would struggle the most to get the care they need since it would prove unaffordable.

6 rights that you have in court

You get arrested and you're facing some serious charges. It's going to go to trial, where a jury will decide your fate.

It is very important to understand all of your legal rights at a time like this when the outcome of the case could drastically alter the course of your life. To help you get started, here are six rights you have:

  1. The right to confront those who have accused you of a crime.
  2. The right to remain silent.
  3. The right not to be forced to testify in a way that incriminates yourself.
  4. The right to legal counsel so that you don't have to go through the case on your own.
  5. The right to have your trial carried out in front of a jury, rather than just allowing a judge to decide what should happen.
  6. The right to a jury that fairly reflects the community. For instance, you should not have jurors that are all the same race (in most cases) or the same gender.

How many immigrants live in California?

The United States, as we know it today, was founded on immigration. Over the course of the country's history, the vast majority of its population slowly immigrated from other countries.

Of course, with that movement starting hundreds of years ago, you now have a population made up largely of native-born people, even if their ancestors were immigrants. That said, immigration continues to play a big role in the country's development. Have you ever wondered how many immigrants there are in California alone?

Striking statistics about false confessions

False confessions put people in jail all the time. While they're often hard for outsiders to understand, they're also far more common than most people realize.

One reason is that people often trust that they're innocent, so they see no problem with talking to the police. "Why not talk? I haven't done anything," they say. "I have nothing to hide. What could possibly go wrong?"

Posting bail after a DUI arrest

When driving, few events may be more nerve-wracking than having a police officer pull up behind you and turn on the flashing blue lights. While many traffic stops simply result in warnings or citations, it is possible that an officer could take you into custody if he or she believes that you are driving under the influence.

Understandably, you may begin to panic if an officer places you under arrest, but it may help you to remember that you have rights and legal options. Because you will likely worry about spending time in jail, you may wonder whether you will have the opportunity to post bail.

Memory changes all the time

We think that our memories are static. Once we make a memory, it stays that way for life. It accurately portrays what happened at that time.

However, experts say that this is not really true. Memories change all the time. Some experts even claim they can change slightly every time that you think of them. You are constantly "overwriting the files" that hold those memories. You're altering them.

Man arrested for DUI, accused of fighting

A man in California was recently picked up on allegations that he was driving under the influence. The case gets even more complicated, though, as he was then accused of having started a fight at a gas station prior to his arrest.

According to news reports and local authorities, the man went to get gas in Redwood City, pulling into a Quick Stop gas station right around 9:00 p.m., on Friday, March 29. There, he and another man started arguing about a pump. That second man was 23 years old. The first man then allegedly punched him hard enough to knock him down and send him to the hospital.

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