Author: alincintean

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”

CRIMES AGAINST A PERSON

CRIMINAL ATTORNEY IN SACRAMENTO

Criminal Attorney in Sacramento

Crimes Against Another Person

Crimes against persons is a term used to define the general group of criminal offenses that involve bodily harm, the threat of such, and other actions against individuals.

There are 9 types of crimes against persons as defined by California Law:

  • Homicide
  • Mayhem
  • Kidnapping
  • Hostages
  • Robbery
  • Attempts to Kill
  • Assault with Intent to Commit a Felony Other than Murder
  • False Imprisonment and Human Trafficking
  • Assault and Battery

Continue reading “CRIMES AGAINST A PERSON”

WEAPON CHARGES

CRIMINAL DEFENSE LAWYER IN SACRAMENTO

Criminal Defense Lawyer in Sacramento

There are few areas of law as hotly contested as that of guns and weapons.

The state of California lies at one extreme while a large portion of the country lies at another, where guns and weapons are quite loosely regulated. Since individuals cross state lines quite frequently, it can be complicated to understand what exactly is permitted in each state.

Weapons Charges in California

California regulates guns and other weapons quite strictly, so there are many laws related to this subject. Due to this high regulation, it can be difficult to understand what is legal and what is illegal. Some of the more common weapons charges in California include:

  • Carrying a concealed firearm
  • Improper handling of a gun in a car
  • Aggravated assault with a deadly weapon (includes firearms)
  • Firing a gun into a building or structure that is occupied
  • Selling firearms
  • Possessing an assault weapon

Continue reading “WEAPON CHARGES”

PROPERTY CRIMES

SACRAMENTO CRIMINAL ATTORNEY

Sacramento Criminal Attorney

Property crimes are the most common crimes committed in California

Property crimes in the State of California include many common offenses that relate to the theft or destruction of someone else’s property. Crimes against property can range from low-level misdemeanors to general felonies. By definition, a property crime is the theft or damage of another’s property, and does not involve the use of force or threat of force against. In some cases, more serious violent felonies including robbery are considered crimes against property.

Property crimes are the most common crimes committed in California, and after years of declining property crime rates in the state, California has seen an explosion in crimes against property. Experts argue on the exact nature of the increase, but the numbers are clear. Continue reading “PROPERTY CRIMES”

DUI & TESLA AUTOPILOT MODE

SACRAMENTO CRIMINAL ATTORNEY

Sacramento Criminal Attorney

Can I get arrested for a DUI if I am driving Tesla in Autopilot Mode?

It is no secret that driving under the influence of alcohol or any other intoxicating substance is illegal. Generally, if you get caught driving under the influence of alcohol, you may be charged pursuant to Vehicle Code section 23152(a) VC, and driving with a blood alcohol concentration (BAC) of 0.08% or higher per Vehicle Code section 23152(b) VC.

So the question arises, whether you can still get a DUI conviction of you get caught driving Tesla in autopilot mode. Some may argue that the autopilot is engaged and the intoxicated individual is technically not driving the vehicle. However, this argument fails. Continue reading “DUI & TESLA AUTOPILOT MODE”