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Legal Tips By H Law Group

The get to the point blog on Criminal Defense
H Law Group > Legal Tips By H Law Group

Does Domestic Violence have to be Physical? What Are All the Different Types of Domestic violence?

Domestic Abuse Defined Domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain control over another intimate partner.  Many believe that domestic violence can only be physical violence. This couldn’t be farther from the truth. Besides physical domestic violence, there are multiple other forms of non-violent domestic violence or domestic abuse.  It is also common that a victim experiences more than one form of domestic abuse within their abusive relationship.  Each is described below.  Physical abuse Physical abuse is the most commonly understood form of domestic violence. Physical abuse can include hitting, biting, slapping, battering,...

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Can Domestic Violence be Mutual?

What is “Mutual Domestic Violence?”  Many people think of domestic violence as always being one-sided but that is not always the case.  There is such a thing as “mutual domestic violence.” However, instances of mutual domestic violence can be hard to characterize. Even when domestic violence is mutual, there is still the question of whether or not it was self-defense. You do have a right to self-defense and that is when mutual domestic violence situation become difficult to characterize and later prosecute.  Self Defense or Domestic Abuse?  You have a right to self-defense, which means protecting yourself using reasonable force against someone whom you...

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How Can Domestic Violence Charges Affect Child Custody?

What is Child Custody?  Custody can be joint (shared) or sole (awarded to one primary parent). There are two types of custody: legal and physical. Legal custody is a parent’s right to help make major decisions about a child’s life, like where the child should go to school or whether the child should undergo medical treatment. Physical custody refers to where the child lives and who provides basic care like bathing and feeding. Policy Reasoning of the Court Determining Child Custody  When you are facing or have been convicted of a domestic violence crime, it will undoubtedly be harder for you in court when it...

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Being Falsely Accused of Domestic Violence

What is Domestic Violence?  Under California law, domestic violence is defined as “abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.”  Domestic violence includes both physical action and threats of physical action, even if they are not carried out. Domestic violence charges may also extend to stalking, cyberbullying, destroying personal property, and sexual abuse.  Domestic violence charges can be charged as a misdemeanor or a felony, depending on the circumstances involved. Some deciding factors...

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When K-9 Units Cannot Detect Controlled Substances

What is the Law Enforcement K-9 Unit?  A K-9 unit is a specialized group of law enforcement officers who use service dogs to perform the responsibilities of a general police officer. General duties mean that the dog accompanies his handler on traffic stops or responding to calls or emergencies. The canine assists in apprehending suspects and in all other public engagements related to law enforcement, including controlled substance detection.  For more specified tasks, the K-9 units can detect illegal substances, chemicals or explosives; identify individuals in contact with such illicit substances; track and rescue kidnapped or missing persons; locate buried or submerged...

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Can Controlled Substance Charges be Dropped?

The Health and Safety Code 11350 is the California statute that makes it a crime for a person to possess certain controlled substances without a valid prescription.  Once you are arrested on suspicion of possession of a controlled substance, the prosecutor must prove the case in order for you to be found guilty. This means that the prosecutor must prove all five elements beyond a reasonable doubt.  Language of Health and Safety Code 11350 The language of this statute states  except as otherwise provided in this division, every person who possesses…any controlled substance…unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian...

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New Marijuana Field Sobriety Tests

As marijuana becomes legal in more and more states, California included, there have been more instances of drivers being arrested for marijuana DUIs.  This has required law enforcement agencies and scientists to develop new ways to test a driver’s impairment while driving based on the amount of THC in their system. It’s not as easily tested as alcohol impairment with the breathalyzer.  No Scientific Standard Yet The main problem arises where there is no scientific standard for establishing impairment based on the amount of THC in the body.  THC is  the main component of pot that gets users high. The drug is metabolized...

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What Do Police Look For with a Marijuana DUI?

It is against the law to drive while under the influence of marijuana. These are called marijuana DUIs. So how do police officers know that you're driving while intoxicated?  As marijuana becomes legal in more and more states, California included, there have been more instances of drivers being arrested for marijuana DUIs.  No Scientific Standard Yet The main problem arises where there is no scientific standard for establishing impairment based on the amount of THC in the body.  THC is  the main component of pot that gets users high. The drug is metabolized very quickly, but remains in the body for a long...

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How Do Marijuana DUIs Work?

DUIs based on alcohol impairment are widely known to be illegal. But what about driving under the influence of marijuana? Can you get a DUI for being under the influence for marijuana? What about if marijuana is legal in the state in which you are driving? How much marijuana is okay to drive on?  Additionally, how do police officers know that you are driving under the influence of marijuana; and how can prosecutors prosecute a marijuana DUI?   Can You Still be Convicted of a Marijuana DUI?   Yes, there is such a thing as a marijuana DUI, and you can still be convicted of...

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