A preliminary hearing is generally the step immediately following the arraignment in which the defendant pled not guilty. This “trial before the trial” is the chance for the prosecuting attorney to present the judge with evidence to establish a case against the defendant by bringing in witnesses and other material. The judge then determines if…

Calling an article the “Basics of License Law,” is somewhat ironic because license law is anything but simple. In a suit against a licensee, the process can get complicated, and that starts from the get-go. Initially, the Agency will send the licensee a big envelope filled with documents containing heavy legal jargon and an absurd…

Social media rears its ugly head yet again, and this time it is in the courtroom. A word of advice to all clients: Your social media websites can and will be used against you in a court of law! Facebook pages have often been used in court to show the character of an individual or…

The conclusion of a license lawsuit is generally the same as a criminal or civil law suit, in that it does not frequently go to trial. Rather, license suits are usually settled between the parties outside of the courtroom, and are completed by the signing of a Stipulated Settlement. The agreement is drafted by the…

In defense of a professional license, lawyers must first look to the accusation. The accusation is very formal and lays out the plan for the prosecutorial body, usually the Agency. This plan describes the wrongful conduct of the licensee, why the Agency has issue with it, and what the disciplinary case is against the licensee….

Are you a negligent operator? It sounds scary, but the DMV can label a driver a negligent operator for a variety of reasons, and the punishment may be severe. The DMV uses a fairly straightforward point system in determining the status of drivers in California. Points are given depending on the severity and type of…

The pretrial phase of a criminal law case in California has multiple steps. After pleading not guilty at arraignment, this phase begins. Pretrial includes court appearances, motions, discovery, and negotiations for plea bargains. Pretrial is where most criminal cases are settled, so understanding this process is crucial. This phase can last a few days if…

Drivers are under an insane amount of pressure when they are on the road, which may come as a bit of a surprise. You may be thinking your 10 minute ride to work, or your 4-block drive to the grocery store is nonchalant, but when you realize that a police officer can pull you over…

One of society’s most valued rights, the right to due process, is violated on a regular basis without the knowledge of the public at large. Traffic courts are making Californians pay their ticket fines and fees before they are able to contest the ticket in court. This “Bail for Trial” strategy essentially keeps low-income people…

A California driver can fight a traffic citation in court and still attend traffic school if found guilty. This may come as news to some, because of the way California judges tend to present the options to defendants. Traditionally, at the outset of a court hearing, judges tell cited drivers they can go to traffic…

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