The Choyce Law Firm

Criminal Battery

admin — Mon, 30 Apr 2012 15:25:18 +0000

Battery is a criminal offence that involves unlawful physical contact with another person. Battery is the use of force against another resulting in harmful physical contact.

Generally, to be charged with battery you need to be the instigator in creating physical contact with the victim. Also, the instigator must know his action will be intended to cause harm against the victim. The slightest touch by someone can be considered battery if it is done in an angry or offensive manner. If the victim doesn’t suffer serious injury your case will be filed as a misdemeanor but if you do cause serious injury you case will be filed as a felony.

You can be in jail for up to 6 months, do community service and fined up o $2000 if charged with battery. If charged with aggravated battery, you can be in jail for up to 4 years and be fined up to $10,000.

If you have been arrested for a DUI contact a criminal defense lawyer in Sacramento Dionne Choyce for your free consultation now to protect your legal rights. Call (916) 724-5270 for free consultation now.

THE CHOYCE LAW FIRM
980 9th Street #16
Sacramento, CA 95814
(916) 449-9910

Prevention of Crime

admin — Mon, 16 Apr 2012 15:53:14 +0000

Police officers generally are entitled to use reasonable force, including deadly force, when necessary, to prevent a crime or to apprehend or prevent the escape of a person who has committed a felony or a misdemeanor involving a breach of the peace. Can the police shoot a fleeing suspect? That depends on whether the person poses a threat of harm to the community. If the person is suspected of killing several people and is fleeing with a gun, there could be sufficient reason to believe that the community is threatened. But if the crime is less serious, and the suspect has no gun and doesn’t appear to be a danger to the community, the police generally cannot use deadly force to stop the fleeing suspect.

As a private citizen, you can use reasonable force to prevent a felony that is attempted in your presence, even though you yourself are not endangered by it. But if you are mistaken and use force to stop and apprehend someone who has not committed or attempted a crime, you can be held liable for the death of or injuries to the “felon.”

If you have been arrested for a DUI contact a Sacramento criminal defense lawyer Dionne Choyce for your free consultation now to protect your legal rights. Call (916) 724-5270 for free consultation now.

THE CHOYCE LAW FIRM
980 9th Street #16
Sacramento, CA 95814
(916) 449-9910

Punishment and Sanctions

admin — Wed, 21 Mar 2012 21:58:57 +0000

Drunk driving laws have a twofold system of deterrence: criminal (jail and fines) and civil (driver’s license suspension). The criminal penalty raises with each offense and any aggravating circumstance, such as damage to property, serious personal injury, or death. The civil sanction is based upon similar factors as well as evidence of a chemical test refusal and the defendant’s driving history.

With respect to minors, drunk driving laws are often less tolerant of underage drinking and driving. Many states have imposed harsher criminal and civil penalties. Although the criminal punishment is often the same, a civil sanction can usually occur with a lower BAC level, and there is a lengthier driver’s license suspension.

If you have been arrested for a DUI contact a Sacramento criminal defense attorney Dionne Choyce for your free consultation now to protect your legal rights. Call (916) 724-5270 for free consultation now.

THE CHOYCE LAW FIRM
980 9th Street #16
Sacramento, CA 95814
(916) 449-9910

Legal Definition of Drunk

admin — Mon, 05 Mar 2012 16:47:25 +0000

In addition to driving, the prosecution must prove the motorist was “intoxicated” at the time of driving. Most states presume a motorist is legally intoxicated if their BAC is .10 or more (.08 in 16 states including California). Moreover, the statutes often incorporate drugs and medication into the definition of drunk, so criminal charges can be filed for using legal or illegal substances.

By comparing body weight to alcohol consumption, motorists can reasonably predict BAC levels to avoid driving while intoxicated. Of course, many factors affect BAC levels – biological consumption, individual metabolism, and alcohol absorption rates. It is always best to drink less than the amount indicated for your particular weight.

If you have been arrested for a DUI contact a Oakland DUI lawyer Dionne Choyce for your free consultation now to protect your legal rights. Call (916) 724-5270 for free consultation now.

Factors Affecting BAC Levels

Ingested alcohol absorbs at a slower pace in the stomach than the small intestine. The length of time alcohol remains in the stomach depends on the beverage consumed, presence of food, biological factors and stress. When alcohol lingers in the stomach, intoxication is less likely to occur because the enzymes and bacteria continuously metabolize alcohol before it is absorbed into the bloodstream.

If you have been arrested for a DUI contact a Oakland DUI attorney Dionne Choyce for your free consultation now to protect your legal rights. Call (916) 724-5270 for free consultation now.

The Choyce Law Firm
1300 Clay Street #600
Oakland, CA 94612
(510) 734-3145

Rate of Alcohol Metabolism

admin — Mon, 27 Feb 2012 17:37:56 +0000

The rate at which the body metabolizes alcohol is critical to establishing BAC levels. Each individual has a different physiological composition, so the body can metabolize alcohol either slowly or rapidly. Drunk driving laws assume a fixed rate of alcohol dissipation. Therefore, a person who slowly metabolizes alcohol may have a considerably higher BAC level because the alcohol remains in the bloodstream for a longer period of time. In other words, this person could consume the same amount of alcohol as the average person, but the BAC level would be significantly higher. Since individual metabolic rates are unknown variables in alcohol dissipation, use caution when estimating BAC levels based on body weight and alcohol consumption.

If you have been arrested for a DUI contact a Roseville DUI attorney Dionne Choyce for your free consultation now to protect your legal rights. Call (916) 724-5270 for free consultation now.

THE CHOYCE LAW FIRM
915 Highland Pointe Drive, Suite 250
Roseville, CA 95678
(916) 724-5270

DUI/ DWI Pending Charges

admin — Tue, 21 Feb 2012 17:11:31 +0000

Whether or not a chemical test is administered, in most instances the motorist will be arrested. At the police station, the defendant is fingerprinted, booked and placed in a cell until the initial appearance. The purpose of an initial appearance is to notify the defendant of all charges, and either set bond or order release from jail without bond. In some instances, instead of spending a night in jail the officer imposes a standard bond fee that allows the motorist to be released. This is a discretionary action on the part of the officer, typically contingent upon jail overcrowding, defendant cooperation, and the officer’s disposition. If released, a future court date is set for the initial appearance.

Generally, a drunk driving arrest is merely a complaint alleging that criminal activity has occurred; it is not a formal criminal charge. The charge becomes formal upon indictment or the prosecuting attorney filing appropriate papers. There are deadlines for filing formal charges, and only in rare circumstances is the complaint dismissed. There is often a delay between arrest and indictment so the officer can prepare an official police report to factually substantiate the criminal complaint. This is also allows the defendant to retain a Roseville DUI lawyer for their defense.

If you have been arrested for a DUI contact a Roseville DUI lawyer Dionne Choyce for your free consultation now to protect your legal rights. Call (916) 724-5270 for free consultation now.

THE CHOYCE LAW FIRM
915 Highland Pointe Drive, Suite 250
Roseville, CA 95678
(916) 724-5270

Impact on Legal Defense

admin — Mon, 06 Feb 2012 19:45:17 +0000

Contrary to common belief, drunk driving defendants have several options to rebut the prosecution’s evidence of intoxication. Not Only are the tests unreliable and inaccurate, but they are also subject to multiple interpretations. By attacking the methodology and subjective nature of field sobriety tests, defendants can present a strong case. Moreover, officers must use appropriate measuring devices, as well as fully explain behavior that constitutes a test failure. Experienced Sacramento DUI defense attorney should always attempt to suppress the officer’s testimony regarding field sobriety test result from improper instructions.

If you have been arrested for a DUI contact a Sacramento DUI defense attorney Dionne Choyce for your free consultation now to protect your legal rights. Call (916) 449-9910 for free consultation now.

THE CHOYCE LAW FIRM
980 9th Street #16
Sacramento, CA 95814
(916) 449-9910

Expungements & Alternatives to Incarceration

admin — Mon, 23 Jan 2012 20:23:23 +0000

Expungements

California Penal Code Section 1203.4 allows certain individuals to expunge their record as long as certain conditions have been met. Many of the people who meet these conditions continue to suffer the consequences of their convictions unnecessarily. We can tell you whether or not you qualify for an expungement. We will also file the appropriate paperwork for you and appear for you in court. Isn’t it time you stopped worrying about your boss, family, or friends, finding out about a conviction that may have happened years ago? CALL NOW.

Alternatives to Incarceration

We understand that the initial concern of most people is how going into custody will affect their jobs their lives and their loved ones. Going to jail, or prison, is a scary prospect, sometimes exposing you to dangerous, hardened, inmates and unsympathetic guards. Sacramento County does have several alternatives, including, Sheriff’s Work Project (SWP), House Arrest, and Community Service. All three alternatives to jail have eligibility requirements and participation usually require a judge’s recommendation.

If you are charged with a crime contact a criminal lawyer in Sacramento Dionne Choyce to protect your legal rights. Please call our office at (916) 449-9910 and speak with Dionne directly about your case. He will be happy to discuss your case with you. If you choose to retain criminal lawyer in Sacramento Dionne Choyce, you will find that his fees are affordable and well worth it.

THE CHOYCE LAW FIRM
980 9th Street #16
Sacramento, CA 95814
(916) 449-9910

Traffic Offenses

admin — Tue, 17 Jan 2012 18:06:49 +0000

Traffic cases can have serious consequences. Traffic Code violations can be felonies, misdemeanors, or infractions. The consequences vary with each offense. There is often a fine involved along with points on your drivers license which may result in increased insurance costs or even a license suspension. Convictions for other offenses may result in jail or even prison sentences. Convictions for some offenses are automatically accompanied by driver’s licenses suspensions. Traffic violations can have a dramatic effect on your privilege to drive and usually your pocket book. If you have been charged with any of the following violations, CONTACT US NOW!

Hit and Run
Driving on a suspended license
Driving without a license
Speeding
Reckless Driving
Exhibition of Speed
Street Racing

Dionne Choyce understands the consequences of these offenses and the interruption that they can have on your daily life. He can generally appear for you on these cases, so that you don’t have to miss work. Usually we can reduce the points on your license, the fine, or even get an outright dismissal of your case. To find out how, contact us immediately for a free consultation.

THE CHOYCE LAW FIRM
980 9th Street #16
Sacramento, CA 95814
(916) 449-9910

Legal Definition of Drunk

admin — Mon, 09 Jan 2012 23:55:23 +0000

By comparing body weight to alcohol consumption, motorists can reasonably predict BAC levels to avoid driving while intoxicated. Of course, many factors affect BAC levels – biological composition, individual metabolism, and alcohol absorption rates. It is always better to drink less than the amount indicated for your particular weight.

If you have been arrested for a DUI contact a DUI attorney in Sacramento Dionne Choyce for your free consultation now to protect your legal rights. Call (916) 449-9910 for free consultation now.

THE CHOYCE LAW FIRM
980 9th Street #16
Sacramento, CA 95814
(916) 449-9910