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Criminal Defense Archives

Man accused of DUI after allegedly riding horse on freeway

Many individuals may choose to celebrate their birthdays by going out with friends and enjoying an alcoholic beverage. Following such an event, making the decision to avoid getting behind the wheel of a car is advisable. However, should a person choose an alternative form of transportation, the consequences can be just as severe. A man has been arrested and is facing DUI charges after allegedly attempting to ride his horse home from a birthday celebration in California.

Accident leads to DUI charges for California man

The aftermath of a serious motor vehicle accident has the potential to leave a person somewhat shaken up and disoriented. While this might be a normal reaction to such an incident, in some cases, one's behavior could lead authorities to suspect the presence of impairment. A 70-year-old man has been arrested and accused of DUI after authorities claim he began to show signs of intoxication following a recent collision in California.

Criminal defense: 1 charged with felony DUI in California

A car accident can take place in the blink of an eye, and leave those involved shaken up and uncertain of what just occurred. While a similar situation can be challenging enough in its own right, if additional charges are included, a person may feel somewhat overwhelmed by the criminal defense process. A woman from another state has recently been arrested and accused of drunk driving in California after allegedly striking a police motorcycle from behind and injuring an officer.

How to Prevent a Custody Battle from Turning Ugly

vegetarian-children-custody-battle-537x382-thumb-275x195-76001.jpgLast week, a 27-year-old man from South Carolina, shot and killed his girlfriend, her parents, two children and then turned on himself. According to authorities, he was enmeshed in a custody battle with his girlfriend over their 7-month-old child and felt he wasn't being allowed to visit their daughter as often as he'd like. He was also facing ajail sentence for a burglary he committed.

Falsely Accused of Child Abuse: Understanding The CPS Investigation

false allegations.jpgAll too often allegations of child abuse get brought up in a highly contested child custody litigation. Too many men have become the targets of false allegations. False allegations of domestic violence. False allegations of sexual assault. And false allegations of sexual abuse.

Proof of Criminal Neglect Is Not Necessary For An Initial Adjudication of Dependency

images-thumb-275x183-23637.jpgIn re Ethan C. (2012) 54 Cal. 4th 610, 143 Cal. Rptr. 3d 565 , the California Supreme Court held that Welfare & Institutions Code section 300(f), which allows an initial adjudication of dependency if the child's parent caused the death of another child through neglect, does not require proof of criminal neglect. Here, the father's failure to strap his infant into a car safety seat, resulting in her death in a car accident, was a sufficient reason for adjudicating his other children dependent.

What Happens If My Ex Refuses To Obey A Court Order?

contempt.jpgIt can be a misdemeanor to disobey a court order.Disobedience of a court order is called contempt. A contempt proceeding is a special proceeding in which, technically speaking, the court and the person charged with contempt are the only parties. However, the person alleged to be aggrieved by disobedience to the order in question is permitted to participate in a role that is, in all but name, that of an amicus curiae. The proceeding is not an adversary proceeding of the usual kind, but courts generally use familiar litigation terms and concepts in discussing contempt proceedings. For example, the California Supreme Court has said that in a prosecution for constructive contempt, the affidavit on which the proceeding is based constitutes the complaint, the affidavit of the defendant constitutes the answer, and the issues of fact are thus framed by the respective affidavits serving as pleadings.

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