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Blog Posts in Criminal Law Blog

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  • Cleaning up your Clients Record Part 2: Dismissals per 1203.4 aka Expungements
    Cleaning up your Clients Record Part 2: Dismissals per 1203.4 aka Expungements

    Penal Code §1203.4 sets out the ways in which a prior conviction can be dismissed. There are a number of benefits in doing this for your clients. These include answering no to questions on ...

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  • Cleaning Up Your Client's Record - Part 1: Early Termination of Probation
    Cleaning Up Your Client's Record - Part 1: Early Termination of Probation

    Ideally, we all want that squeaky-clean client to put up on the stand before a jury. The reality is no one has lived the perfect life. Some of your civil clients will have past criminal records. But ...

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  • Avoiding Jail Time, A Guide to Sentencing Alternatives
    Avoiding Jail Time, A Guide to Sentencing Alternatives

    One of the first statements you might hear when referred a criminal case is, "I don't want to go to jail." While this may not always be possible, there are some programs or options that may be ...

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  • Civil Compromises Promote Justice
    Civil Compromises Promote Justice

    As a civil attorney, much of your practice involves privately resolving disputes. So when you receive a call for a misdemeanor, explore a dismissal through a Civil Compromise Motion under Penal Code ...

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  • Bicycling Drunk in California
    Bicycling Drunk in California

    BICYCLING DRUNK IN CALIFORNIA I see it all the time, especially at night while I'm at a favorite beach yogurt shop next to a local pub. The event is a "pub crawl," which involves a group of ...

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  • What is a Lawful Order?
    What is a Lawful Order?

    As users of the road, bicyclists are not immune to police encounters. This article outlines the best practices for handling these situations. In my law practice, I have dealt with bicyclists and other ...

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  • Brief History of Marijuana Legalization
    Brief History of Marijuana Legalization

    On November 8, 2016, Californians and Americans living in several other States will be allowed to vote for the legalization of marijuana for "recreational use." Colorado and Washington voters have ...

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  • God Made a Trial Lawyer*
    God Made a Trial Lawyer*

    In his famous speech, Paul Harvey called attention to an underappreciated profession: the farmer. Similarly, trial lawyers deserve the same recognition. They have a positive impact on society that ...

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  • New Criminal Statutes in 2016
    New Criminal Statutes in 2016

    H ere are the most important legislative changes in the California criminal justice system in 2016: 1. Ethics: Misconduct The Legislature recently took a step in the right direction to help quell what ...

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  • Why Hire a Trial Lawyer
    Why Hire a Trial Lawyer

    Sometimes it’s more economical to negotiate a settlement on your own when in an accident. This is typically the case when there is little injury or merely property damage, and clear liability in the ...

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  • What to Expect After the Arrest
    What to Expect After the Arrest

    You are probably experiencing stress about your arrest and the possible consequences of being convicted. Remember being arrested for a crime doesn’t necessarily mean that you will be convicted. As you ...

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  • State Bar of CA's Rules on Attorney's Fees
    State Bar of CA's Rules on Attorney's Fees

    The State Bar of California rules on attorney fees are set forth in the California Rules of Professional Conduct, Rule 4-200 , which provides an eleven factor test to determine whether a fee is ...

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  • Know Your CA DMV Rights
    Know Your CA DMV Rights

    If you are arrested for driving under the influence, you do have certain legal rights. The first thing you should do if arrested is to immediately contact the DMV to set up an APS hearing . This ...

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  • Probation Violation
    Probation Violation

    CRIMINAL DEFENSE LAWYER IN SAN DIEGO COUNTY IF YOU HAVE BEEN CHARGED WITH PROBABTION VIOLATION, CONTACT OCEANSIDE DUI LAWYER AND CRIMINAL DEFENSE ATTORNEY, RICHARD DUQUETTE. Consequences of a ...

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  • What to Do if Arrested!
    What to Do if Arrested!

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  • Domestic Violence
    Domestic Violence

    Consequences of Domestic Violence Domestic violence is defined as a person willfully inflicted bodily injury upon their spouse, or the person they are co-habiting with, and the bodily injury resulted ...

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  • Your DUI Rights
    Your DUI Rights

    Know Your California DUI Rights: Most DUI – driving-under-the-influence – arrests are made at night. The alleged offenders are detained because the police may have seen them driving in a manner that ...

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  • Consequences of DUI
    Consequences of DUI

    Operating a vehicle under the influence of alcohol, controlled substance, medication, or prescription that impairs the driver’s ability to operate the vehicle. Consequences for the conviction of DUI - ...

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  • Work-Restricted California Drivers License
    Work-Restricted California Drivers License

    As of January 1, 1995, if you are a first offender over the age of 21 charged with driving with an alcohol level of .08 or greater, you may be eligible to apply for a work-restricted driver’s license ...

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  • DUI Program
    DUI Program

    Service Providers: Following is a list of Driving Under the Influence Program Service Providers for Southern California (San Diego, Orange and Riverside counties). You should always seek legal advice ...

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  • DMV Hearing Request Form
    DMV Hearing Request Form

    This entire document is Copyright © 2000 – Ed Kuwatch (deceased). REPRODUCED WITH PERMISSION For more information please see the notice at the end of it. DMV DUI HEARING REQUEST DMV ADMIN PER SE – IN ...

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  • DMV Hearing Request Form
    DMV Hearing Request Form

    This entire document is Copyright © 2000 – Ed Kuwatch (deceased). REPRODUCED WITH PERMISSION For more information please see the notice at the end of it. DMV DUI HEARING REQUEST DMV ADMIN PER SE – IN ...

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  • Firm News for Fall of 2014
    Firm News for Fall of 2014

    The Law Firm of Richard L. Duquette is heavily involved in the community, from Oceanside to the surrounding communities. Read below to see the events and causes that Attorney Duquette is involved with ...

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  • Tips to Avoid DUI Conviction
    Tips to Avoid DUI Conviction

    Retain an experienced Oceanside DUI Lawyer to represent you. Only an experienced San Diego County DUI lawyer is able to spot your favorable issues and present them to the prosecutor, judge, jury or ...

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  • New DUI Law Takes Effect Jan. 1, 2012
    New DUI Law Takes Effect Jan. 1, 2012

    Starting January 1, 2012, a new DUI Law takes effect for repeat offenders. Abc.com The new law allows a judge to punish a repeat DUI offender with a suspension of up to 10 years after a third ...

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  • California to Stop Towing Unlicensed Drivers
    California to Stop Towing Unlicensed Drivers

    Starting Jan. 1, 2012 a new law takes effect in California that prohibits police officers from impounding cars at sobriety checkpoints if a motorist's only offense is being an unlicensed driver. ...

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  • New 2012 California Motor Vehicle Laws: Be Informed
    New 2012 California Motor Vehicle Laws: Be Informed

    The California State Legislature approved a number of new motor vehicle laws which, unless otherwise noted, take effect January 1, 2012. These New Motor Vehicle Laws Pertain to: Vehicle License Fees ...

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  • Gov. Jerry Brown Signs Bill Limiting DUI Checkpoints
    Gov. Jerry Brown Signs Bill Limiting DUI Checkpoints

    Under the new law (courtesy of Assemblyman Gil Cedillo), police in California will not be able to freely impound cars from sober-but-unlicensed drivers at DUI checkpoints anymore. This bill is an ...

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  • Bell Sports Files Suit Against Specialized, Alleging Unlawful Business Practices
    Bell Sports Files Suit Against Specialized, Alleging Unlawful Business Practices

    Specialized Bicycle Components was recently hit with a lawsuit filed by Bell Sports which claimed that the company engaged in "unfair and unlawful" business practices. The September 9, 2011 claim ...

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  • Carlsbad Man Arrested In Hit-And-Run Fatality
    Carlsbad Man Arrested In Hit-And-Run Fatality

    According to this SignOnSanDiego.com articl e , 36 year old Joseph Ricardo Fernandez was arrested in relation to the hit-and-run death of James Steven Swarzman. According to police, Fernandez got in ...

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  • UPDATE ON FATAL HIT-AND-RUN VEHICLE!
    UPDATE ON FATAL HIT-AND-RUN VEHICLE!

    See original story here. Detectives now say that the truck they are looking for is a dark-colored Dodge Ram pickup. According to this follow-up article at nctimes.com , the truck would meet the ...

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  • Giving Thanks for Those Special Moments
    Giving Thanks for Those Special Moments

    The fall chill is in the air and the approaching holidays mark the end of another great year! It is time for reflection and giving thanks. When it comes to being grateful, so many people come to mind. ...

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  • Missy Giove Pleads Guilty To Drug Charges
    Missy Giove Pleads Guilty To Drug Charges

    Melissa “Missy” Giove, women’s mountain biking titlist, is no stranger to controversy. Know not only for her skills on the trail, she has always been outspoken about her lesbian lifestyle and was ...

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  • The People v. Andrew Woolley
    The People v. Andrew Woolley

    Andrew Wooley, a San Diego bicyclist, had a run-in with a motorcycle cop on El Cajon Boulevard in San Diego last march. He split a traffic lane with his bicycle to pass slower cars and was pulled over ...

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  • Update: Brentwood CA Doctor To Stand Trial Soon For Assault With Deadly Weapon Charge
    Update: Brentwood CA Doctor To Stand Trial Soon For Assault With Deadly Weapon Charge

    You first heard about Christopher Tomas Thompson, the 59 year old Brentwood Doctor charged with road rage, in our initial blog post here. Since the alleged incident Thompson has been nicknamed “The ...

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