Author: alincintean

DUI CONVICTIONS FOR UNDERAGE DRIVERS

DUI Attorney in Sacramento

DUI Attorney in Sacramento
Getting a DUI is a serious matter which should be discussed with an experienced DUI attorney at the Law Offices of Alin Cintean. There are two main laws that cover underage DUIs in California:

Vehicle Code 23136 VC

This is known as the “zero tolerance” law for underage DUI. This law states that anyone under the age of 21 that drives with a blood alcohol content (BAC) of 0.01% or greater is in violation of the law and may face a one-year suspension of their driver’s license. This law is not only limited to alcoholic beverages and includes any sources that include alcohol, including medications. In order to determine the presence of very low amounts of alcohol in the underage driver’s blood, law officers use a preliminary alcohol screening (PAS) test. This can be conducted through a standard breathalyzer or similar device and works by measuring the alcohol on a person’s breath and converts it to the blood content.

Though breaking this law is not a crime with severe punishments, it is still advantageous to hire a skilled DUI attorney in Sacramento. An attorney can help an individual in violation of this law to challenge the license suspension, resulting in a cancellation of the suspension or in the procurement of a special “restricted hardship” license, which permits the individual to drive to work, school, or for family affairs. Continue reading “DUI CONVICTIONS FOR UNDERAGE DRIVERS”

CHILD MOLESTATION CHARGE

CRIMINAL DEFENSE LAWYER IN SACRAMENTO

Criminal Defense Lawyer in Sacramento

IN 2011, 9.7% OF REPORTED CASES OF CHILD ABUSE INVOLVED SEXUAL ABUSE

Since 2011, California has been implementing a realignment policy following a ruling by the United States Supreme Court mandating lower crowding in prisons. Since then, there has been a 15% increase in parolees required to register as sex offenders violating the terms of their release. Sacramento has an especially high percentage of sex offender parole violations as compared to the rest of California.

PENALTIES FOR A SEX OFFENSE CONVICTION ARE SEVERE

Experienced criminal defense lawyer in Sacramento, Alin Cintean has a thorough understanding of how child molestation charges are structured from investigation through trial and appeal. In California, the penalties for a sex offense conviction are severe, and can be even more substantial than the penalties for murder, including a lifetime registered as a sex offender. Because the list of registered sex offenders is so readily accessible, registration can affect whether someone who is convicted can find a job or a place to live.

The mere accusation of child molestation can ruin your reputation and relationships with your family, coworkers, employer, and friends. Therefore, if you are being investigated or facing charges of child molestation in Sacramento, it is imperative that you contact an experienced criminal defense lawyer in Sacramento. Below is information that may help you understand how this offense is defined in California, and how the related criminal process works from beginning to end. Continue reading “CHILD MOLESTATION CHARGE”

EXTORTION

SACRAMENTO CRIMINAL DEFENSE ATTORNEY

Sacramento criminal defense attorney

EXTORTION DEFENSE IN SACRAMENTO COUNTY

Extortion, also known as “blackmail” is a serious crime that can be punishable by imprisonment, fines, community service, restitution or a variety of the sort. White-collar was first defined by Edwin Sutherland in 1939 who said it was a “crime committed by a person of respectability and high social status in the course of his occupation”. In fact, a lot of politicians, sports stars and celebrities are frequent targets of extortion. No extortion case is ever the same so it’s best to contact an experienced attorney who can help you.

In California, extortion is defined as using force or threats to compel another person to give you money or other property, using force or threats to compel a public officer to perform an official act or if you are a public official, acting under color of your official right to compel another person to give you money or other property. Extortion is usually considered a felony in California and can be brought in a wide variety of scenarios. Continue reading “EXTORTION”

DUI: DRIVER’S LICENSE RESTORATION

SACRAMENTO DUI LAWYER

Sacramento DUI Lawyer

DRIVER’S LICENSE RESTORATION AFTER A DUI CONVICTION

If you are convicted of a single DUI, the court will suspend your driving privilege for 6 months and require to you to complete a DUI program prior to your license being reinstated. You need to contact an experienced Sacramento DUI lawyer to protect your rights.

The arresting police officer is required to forward a copy of the completed notice of suspensions or revocation form and any driver license taken into possession, with a sworn report to the DMV. The DMV will then conduct an administrative review and if the suspension or revocation is upheld during this time, you may request a hearing to contest the suspensions or revocation. You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside and you will be notified. Continue reading “DUI: DRIVER’S LICENSE RESTORATION”

ARRESTED FOR A DUI?

SACRAMENTO DUI LAWYER

Sacramento DUI Lawyer

Driving under the influence is a serious crime with some harsh penalties. Contact a Sacramento DUI lawyer at the Law Offices of Alin Cintean for free consultation.

Over 200,000 drivers are arrested each year for driving under the influence in California alone and the administrative penalties vary. Before you can be sentenced of drunk driving though, the prosecution must establish three things.

  1. The first is that the officer who arrested you must have had probable cause to stop you, like speeding or running a red light for example.
  2. Second, you must have violated California’s DUI laws by driving with an illegal blood alcohol content (BAC) of .08 or refused to perform a chemical test.
  3. Lastly, the arrest must have been lawful. If all three of these are not met, the charges against you should be dismissed.

The best thing you can do if you are arrested for a DUI is hiring a Sacramento DUI lawyer who could help you in knowing what to expect and guide you through the process. A first offense can result in a variety of consequences:

  • Your license will be suspended for at least one year, you’ll be fined fees between $1,500 and $2,000 and required to spend two days in jail.
  • You’ll also be required to attend an alcohol-awareness course that may take several months to complete.
  • Furthermore, you’ll be sentenced to between three to five years of probation.
  • There are even further complications after your license is reinstated.
  • The cost of your car insurance may double or even triple and even after just one DUI conviction, the average California driver will see their premiums increase by an average of $2,500 per year.
  • Even worse, your crime will show up on employer-conducted background checks for 10 years or longer.

Continue reading “ARRESTED FOR A DUI?”

CALIFORNIA CRIMINAL JUSTICE SYSTEM

SACRAMENTO CRIMINAL ATTORNEY

Sacramento Criminal Attorney
Chances are that if you are reading this page you are seeking to learn more about the California state criminal justice system and how it works. Below we set out some of the basics of what happens after someone is arrested. This is by no means a thorough overview but we hope it will be a good starting point. Each case is different and requires individual attention. If you have been arrested and charged with a crime it is best to contact a Sacramento criminal attorney for free consultation about your case.

FOLLOWING THE ARREST

Once someone is arrested a police report is usually generated. This police report typically makes its way to the District Attorney’s office within 24 to 48 hours after the arrest. A deputy district attorney is typically assigned to review police report and file a complaint with the court. In some cases it is possible that a complaint was already filed in Superior Court prior to the arrest. The complaint would contain the criminal charges supported by the facts alleged in the police report. The prosecution of a felony case can also commence by filing a grand jury indictment. If the arrested person remains in custody they are generally arraigned within two days following the arrest. Someone arrested on a weekend or during a holiday may have to wait an extra day to be arraigned Continue reading “CALIFORNIA CRIMINAL JUSTICE SYSTEM”

CHILD ABUSE

CRIMINAL LAWYER SACRAMENTO

Criminal Lawyer in Sacramento

Being falsely accused of child abuse can ruin lives and professional careers.

Publicized events have highlighted situations in which authorities failed to protect children by not intervening fast enough. Unfortunately for the accused this now often means that the authorities will act first and ask questions later. More often than not child abuse allegations start with a complaint to law enforcement filed by someone outside the home. Often charges of child abuse or child endangerment arise after a complaint started by a “mandated reporter.” A mandated reporter in the child abuse context can be a teacher, a caretaker, a pediatric nurse or other professional who has regular contact with children in the course of their work. The law imposes on people within such professions the duty to report suspected physical abuse, sexual abuse or any other type of abuse or evidence of neglect. For the purposes of fulfilling the mandated reporting laws, abuse is typically suspected when the child seems to have suffered physical injury other than in an accidental way, has injuries or has other signs of a condition resulting from abuse or neglect. Such conditions may include sexual molestation, physical exploitation, and even malnutrition. Continue reading “CHILD ABUSE”

LEAVING A CHILD UNATTENDED IN A CAR

CRIMINAL DEFENSE ATTORNEY IN SACRAMENTO

Criminal Defense Attorney in Sacramento

In the fall of 2001, Kaitlyn’s Law was passed in the state of California that makes it illegal to leave a child unattended in a motorized vehicle. The law originates after Kaitlyn Russell died after being left alone in a car for two hours. If a parent, legal guardian or any one who is over 12 years older and responsible for the supervision of someone under 6 years old could be found in violation under certain circumstances. If there are conditions that present significant risk to a child’s health or safety such as a set outdoor temperature that becomes it unsafe inside. Continue reading “LEAVING A CHILD UNATTENDED IN A CAR”

DOMESTIC VIOLENCE DEFENSE

SACRAMENTO DOMESTIC VIOLENCE LAWYER

Sacramento Domestic Violence Lawyer
Law Offices of Alin Cintean has established itself as a leading California domestic violence law firm, having successfully handled numerous domestic violence cases in Sacramento County. We are dedicated to defending your rights and providing you with the highest quality legal representation.

Domestic violence refers to a wide range of conduct, from threats and verbal harassment to the use of physical force. Domestic violence includes all forms of abuse, from screaming and pushing, to emotional and physical abuse. Each year, approximately 1 million women suffer from nonfatal violence perpetrated by an intimate partner. More than 4 million women experience a serious assault by someone they know or love. Continue reading “DOMESTIC VIOLENCE DEFENSE”

JUVENILES AND THE LAW

CRIMINAL DEFENSE LAWYER IN SACRAMENTO

Criminal Defense Lawyer in Sacramento

JUVENILE ARRESTS & CALIFORNIA LAW

As soon as someone turns 18, they are considered an adult with privileges such as being able to vote, enter into contracts, get married and have “freedom”. However, everything up until 18, they are considered minors and are under the care of a parent or parental guardian, which also means any legal implications they may get caught up in.

The California juvenile court process begins with an arrest. If the incident is not that serious, law enforcement may just give the minor a warning and let them go. But if the matter is serious, they will take the minor to juvenile hall and as a parent you want to make sure you defend and protect your child so make sure to contact an experienced criminal defense lawyer in Sacramento at the Law Offices of Alin Cintean who can help guide you through the process. Continue reading “JUVENILES AND THE LAW”