In my law practice recently, I have seen quite a few criminal cases arising out of what my clients would likely call an ebike, but local law enforcement, including the CHP and the South Lake Tahoe Police Department, refer to as unregistered electric motorcycles. These unregistered electric motorcycles, often with the brand name Surron or similar, are legally distinct from California’s definition of a legal electric bicycle, and that designation can have serious consequences f

Before the passage of Senate Bill 731 (SB 731), people who had been arrested or convicted of crimes generally had to petition the court to have their records sealed, a process commonly referred to as “expungement.” With the new law, some form of automatic relief is now available, eliminating the need to appear before a judge to clear records. While many expungements are now automatic, the law excludes individuals required to register as sex offenders and those convicted of se

Facing a second DUI charge in California can be daunting, with serious legal repercussions that can significantly impact your life. If you’ve been arrested or charged with a second DUI offense, it’s crucial to understand the potential consequences and take action to protect your rights and your driving privileges. Here’s what you need to know about the penalties for a second DUI conviction in California. Legal Penalties for a Second DUI Offense A second DUI offense in Califor

In California, the legal system operates differently for juveniles and adults even if they commit identical offenses. This is in recognizing that young people are unique, sometimes make mistakes, and have the potential for rehabilitation. "Delinquency proceedings" or "Section 602 proceedings" are terms for criminal court for people younger than 18, and primarily covers minors aged between 12 to 17. However, in certain grave cases, such as murder or rape, even those under 12 c

When someone is arrested in South Lake Tahoe, California's bail procedures come into play for their potential release. Bail refers to the money required by the court for an inmate's release. In essence, it ensures future court appearances. If someone posts bail and fails to return to court, the court can eventually seize the money initially put up for their release. This serves as a deterrent to missing court dates when someone is arrested and awaiting the resolution of their

If you are suspected of drunk driving in South Lake Tahoe, or elsewhere in California, you may be asked to provide a chemical sample, which could take the form of a breath, blood, or, in rare circumstances, a urine test. As a lawyer who has represented hundreds of people charged with DUI, I’ve seen how misconceptions about these tests and your right to refuse them can lead to problems with your driver’s license and criminal charges. For inquiries or to consult with a criminal

If you are charged with a crime in California, you may have the option to avoid jail time and a criminal conviction by participating in mental health treatment. California recently enacted a "Mental Health Diversion" program, which allows individuals with a diagnosable mental illness to complete a mental health treatment program instead of going through the traditional criminal prosecution process, which could lead to jail or probation. Initially enacted in 2018 and revised i

One of the most immediate and significant implications of a domestic violence charge or arrest is related to the issuance of a criminal protective order, commonly known as a "stay away order" or "restraining order." The type of order and its effect on your ability to live with your partner depends on how and when it was issued, but criminal protective orders can prevent you from seeing your partner, require you to move out of your home, or even preclude you from being with yo

One of the many advantages of hiring an attorney early in the legal process is their ability to appear for you in court, sparing you from potential embarrassment and inconvenience. Penal Code section 977 allows defendants the option to waive their presence in court for most misdemeanor proceedings, granting their attorney the authority to appear on their behalf. This allows defendants to be represented "by counsel only" during court appearances, mitigating the inconvenience,

Request an administrative hearing within 10 days. In California, an officer is required to confiscate a California driver’s license following a DUI arrest if there was a blood or breath test that registered .08% or more. If the driver had a valid California driver’s license at the time of the arrest, the officer is required to issue an order of suspension and a temporary license. The temporary license expires after 30 days from the date of the DUI arrest, unless the driver r

The requirements for getting a driver’s license reinstated following a DUI conviction in South Lake Tahoe are identical to those after a DUI anywhere in California: Enroll in an approved “DUI school” for the correct duration depending on the type of conviction (ranging from 12 hours to 18 months) Purchase a special form of insurance called “SR-22” insurance. Proof of enrollment in the DUI school and SR-22 insurance will be communicated directly to the DMV by the provider. Go

Some variation of the question "Will I go to jail?" or "What is the likelihood of serving time?" is commonly asked of criminal defense attorneys. Unfortunately, there is no easy way to predict the outcome of a specific case without first thoroughly reviewing the facts of the situation. The sentence imposed by a judge, or negotiated in advance with the prosecutor, depends on the circumstances of the case and requires a case-by-case discussion with an attorney. Nevertheless, t

California has two types of probation: formal and informal. Formal probation is sometimes referred to as “Felony Probation” although it is not always associated with a felony conviction. Informal probation is commonly called “summary probation” or “court probation,” and it is unsupervised by a probation officer. Both types of probation involve specific requirements set at the conclusion of a case, but the level of supervision and the specific terms can vary. Informal probati

A “wet reckless” is a charge to which a person accused of DUI can plead guilty or no contest to as part of a plea agreement with a prosecutor. “Wet reckless” is a nickname for “reckless driving with an indication of alcohol and/or drug involvement” (California Vehicle Code section 23103.5). Advantages of a wet reckless over a DUI include no mandatory license suspension, shorter jail sentence, lower fines, shorter probation period, shorter DUI school, and no mandatory ignition

In California, a criminal conviction can have implications for a person's gun rights. The specific consequences depend on the nature of the conviction. A knowledgeable criminal defense attorney will be able to advise you accordingly. Here's a general overview of how a criminal conviction can affect gun rights in California: Felony Convictions A felony conviction in California typically results in a loss of firearm rights. Under state law, individuals convicted of a felony of

It is possible to visit friends and family that have been arrested and are being held in the South Lake Tahoe Jail. Here are general guidelines on how to go about visiting someone who has been arrested. First, confirm they were arrested by a law enforcement agency in South Lake Tahoe. Keep in mind the casinos located in Stateline, Nevada are in Nevada and an arrest there will result in the person being taken to a jail in Douglas County, Nevada. The Sheriff lists all people c

When someone is arrested, they are booked by the arresting agency, typically the police or sheriff's department. The initial charges at the time of booking may not be the final charges filed by the district attorney. However, these initial charges can have an impact on their ability to be released from custody. Getting out of jail should be a top priority. Obviously, being incarcerated is undesirable; however, people who are able to secure their release are more likely to obt