Many counties in California have a domestic violence court, which specifically deals with domestic violence cases. Although each county runs its domestic violence court a little differently, each domestic violence court focuses specifically on domestic violence, particularly issues such as screening for related cases, providing options for the parties involved, and monitoring.
Most domestic violence courts use a broad definition of “domestic violence” when assigning specific cases to the court. Therefore, cases that involve accusations of crimes such as assault and battery may wind up on the domestic violence docket if they involve members of the same family or people who were or are in an intimate relationship. Domestic violence courts may also handle restraining orders, which consist of rules a person accused of domestic violence in California must follow when dealing with the person making the accusation.
Domestic violence courts are similar in many ways to other California “collaborative courts” like drug courts, community/homeless courts, and veterans’ courts. These courts try to focus on solving problems long-term by giving the parties and their attorneys a chance to work together, instead of forcing them to use the adversarial process in a typical trial. Domestic violence courts, however, often focus on ensuring that everyone involved is safe as well as handling the legal issues at hand.
If you have been charged with domestic violence in California, please don’t hesitate to call experienced Orange County domestic violence defense attorney Maltaise Cini. Ms. Cini can help you understand your legal options and will fight to ensure your rights are protected. To learn more, call Maltaise Cini today at 949-660-1389.
When a driver is arrested for drunk driving in California (also known as driving under the influence or DUI), the arresting police officer will confiscate the driver’s license and give them a Notice of Suspension form. Under California law, the police officer must then send the driver’s license, a copy of the Notice of Suspension form, and the results of any breath or blood tests to the California Department of Motor Vehicles (DMV).
Drivers who are arrested on suspicion of DUI must deal not only with the penalties of the criminal courts, but also with the administrative penalties imposed by DMV. Drivers have 10 days to ask for a hearing from the date the police officer confiscates their licenses. If a driver does not request a hearing within the statutory time period they will have waived their right to a DMV hearing and their CDL will be automatically suspended. The DMV hearing is different from a criminal trial, as it deals solely with the issues of 1. whether or not the officer had probable cause to stop the driver and 2. Whether or not an individual was operating a motor vehicle with a alcohol level of .08 or higher. If DMV finds both of these issues to be true the driver’s CDL will be suspended by DMV. The driver will have to “wait out” the suspension, enroll in an alcohol program, show proof of an SR22 and pay a reinstatement fee to DMV have their driving privilege reinstated.
An experienced California drunk driving lawyer will know how to represent you effectively in both a DMV hearing and in front of the court. If you have been arrested or charged with a DUI in Orange County, contact attorney Maltaise Cini. Ms. Cini has the legal resources and the experience that is needed to aggressively fight for your legal rights, whether you are dealing with the DMV or the court. To learn more, call Maltaise Cini today at 949-660-1389.
Researchers and public safety advocates have long complained that domestic violence injuries are underreported and that often, those who provide medical care to survivors of domestic violence do not report what they have seen or learned. In order to prevent this, California, along with several U.S. states, recently passed a mandatory domestic violence reporting law.
The law requires healthcare providers to report to police if they treat a patient whom they reasonably believe was injured by a firearm, a deadly weapon, or by “assaultive or abusive contact.” Failing to make a report within two days is a misdemeanor, and it carries penalties including a $1,000 fine, six months in jail, or both.
An article in the Western Journal of Medicine, however, questioned whether California’s domestic violence reporting law goes too far in trying to protect those who experience domestic violence. Proponents uphold the law by pointing out that it helps educate patients, prevent further violence, and hold perpetrators responsible for their actions. However, detractors point out that the law doesn’t improve patient care and removes the injured person’s ability to choose who should be told what happened and when. Being unable to control who gets involved may prevent injured people from seeking medical care, even if a domestic dispute had nothing to do with their injuries.
Domestic violence is a highly emotionally charged crime, and those who are charged with it need a clear-headed, experienced attorney fighting on their behalf. If you have been charged with domestic violence in California, Orange County domestic violence defense attorney Maltaise Cini has the resources and experience that is needed to focus on the facts and fight for the best possible outcome in your case. To learn more, call 949-660-1389 for a confidential consultation.
Blood alcohol concentration, also referred to as BAC, is one of the key issues in any drunk driving case. This is because California law makes it a crime to drive a vehicle if your BAC is higher than 0.08 percent, no matter how impaired you feel or how good or bad your driving is.
When you have an alcoholic drink, your body absorbs the alcohol through the linings of the stomach and small intestine. The alcohol ends up in the blood, where it travels to every part of the body, including the brain. All types of alcoholic drinks will affect your BAC, as will how fast you drink, whether you drink while eating food, and your gender. Women’s bodies tend to store more water than men’s, so alcohol, which mixes with the water, stays in a woman’s bloodstream for longer, on average, than in a man’s.
Since it can take over an hour for a person to reach “peak” impairment after drinking, it matters what a person’s BAC is if they are stopped on suspicion of drunk driving – and it may not be the same as the person’s BAC when they are tested later on, such as at a police station. In order to get a BAC reading as close as possible to when an officer stops someone, most police officers use a breathalyzer or other breath test machine. Like all machines, breathalyzers must be operated correctly in order to give an accurate reading.
If you have been charged with drunk driving in California, experienced Orange County DUI attorney Maltaise Cini can help built a strong defense on your behalf by examining the details of your case, including the results of any BAC test. Armed with this information, Ms. Cini will fight for the best possible outcome in your case. To learn more, call 949-660-1389 for a confidential consultation.
In many domestic violence cases, the alleged victim will ask the court for a restraining order to be placed against the person who has been charged with domestic violence. The court can issue a restraining order even if the domestic violence charges have not yet been proved in court.
A restraining order usually orders the person accused of domestic violence to do some or all of the following things:
- Follow all orders related to a divorce, such as paying child support or spousal support and obeying child custody and visitation orders;
- Move out of the house or apartment;
- Not make contact with the alleged victim or their children, family members, pets, or others who live with the alleged victim;
- Not own, borrow, or have a gun;
- Pay certain bills or release certain property to the alleged victim; and
- Stay away from the alleged victim’s home, workplace, or children’s schools.
A person charged with domestic violence faces jail time, fines, or other penalties if they violate the restraining order. Therefore, make sure you fully understand each rule included in the restraining order and follow it, even if doing so is difficult.
If you are under a domestic violence restraining order or are facing charges of domestic violence, it may be in your best interest to consult with an experienced Orange County domestic violence attorney. Maltaise Cini can help you understand and follow the rules of the restraining order, and she will fight on your behalf to get the order changed, if necessary. She also has the courtroom experience to fight for the best possible outcome in your domestic violence case. For a free consultation, call 949-660-1389 today.
A woman involved in a deadly car accident in Santa Ana has been charged with vehicular manslaughter after the accident resulted in a teenager’s death. She has also been charged with drunk driving in connection with the accident, according to a recent article in The Orange County Register.
According to prosecutors, the woman was driving along the 57 freeway in Orange close to midnight. In the dark, the driver did not see a car that had broken down on the right-hand side of the freeway and struck the vehicle with her car. Prosecutors say that the force of the impact pushed the broken-down car into one of its passengers, an 18-year-old male high school student who was standing between the car and the freeway’s guardrail. The teenager lost his balance and fell over the guardrail to his death. The driver of the broken-down vehicle as well as the woman were both treated for minor bumps and bruises, then released from the hospital.
Now, prosecutors have charged the woman with vehicular manslaughter while intoxicated without gross negligence, based on the 18-year-old’s death. She has also been charged with driving under the influence of alcohol causing bodily injury and driving with a blood-alcohol level of .08 percent or more causing bodily injury, since police officers allege that her blood alcohol concentration was over twice the legal limit of .08 when the accident occurred. If convicted, the woman also faces a sentencing enhancement because the accident injured more than one person.
Being charged with drunk driving can be extremely stressful and confusing, especially when other serious charges are involved. If you have been charged with a DUI in Orange County, please don’t hesitate to contact experienced Orange County DUI defense attorney Maltaise Cini. To schedule a free and confidential consultation, call Maltaise Cini today at 949-660-1389.
Police in Orange County have arrested two men whom they claim were involved in an assault in Coto de Caza recently and are still searching for a third, according to a recent article on UPI.com.
Police allege that a 23-year-old man was sitting on a park bench in the gated community of Coto de Caza when he was approached by three younger men, two of whom the police believe they have already arrested. The 23-year-old told police that the three men demanded money from him, but he refused. The three young men then purportedly assaulted the 23-year-old while yelling anti-Semitic slurs. They are also said to have drawn swastikas and other “white power”-related symbols on the concrete nearby the incident. Police say they do not yet know whether the 23-year-old is or is not Jewish. The Coto de Caza man was taken to a nearby hospital to be treated for his assault injuries.
When a crime occurs, a close-knit neighborhood or community may close ranks quickly to insist that police find those responsible. Unfortunately, pressure on police to hold someone accountable for a violent incident can result in errors, including mistaken identities, inaccuracies about what actually happened, and mistakes in the handling and gathering of evidence that can jeopardize the constitutional right to a fair trial.
If you have been charged with a violent crime, please don’t hesitate to contact experienced Orange County criminal defense lawyer Maltaise Cini. Ms. Cini will examine your case thoroughly and fight to protect your rights while seeking the best possible outcome on your behalf. To schedule a free and confidential case evaluation, call 949-660-1389 today.
Domestic violence is always tragic, but it can be especially so when it affects the elderly. Fortunately, California now has a new hotline for those over the age of 60 who are victims of domestic violence, according to Examiner.com.
Domestic violence can affect seniors in serious ways. Often, the elderly are powerless to change the situation. They are frequently on fixed incomes and may have health issues that prevent them from leaving. They may be unable to enter the job market, particularly if they have spent their lives as homemakers. In addition, adult children often either believe the allegations or discourage the victim from leaving, often seeing it as abandoning the abuser.
The hotline originated as a result of a grant from the U.S. Department of Justice and is intended not just for domestic violence victims, but for all elderly who need legal advice. The hotline’s number is 800-222-1753, but it is important to keep in mind that the hotline is not an emergency hotline, and those who are in danger need to call 911. The hotline can place domestic violence victims in touch with domestic violence programs that could help them improve their lives.
The hotline is a great tool for those individuals who are truly in an abusive situation and need help getting out. However, under California’s strict domestic violence laws, a very slight touching that occurs in the midst of an argument is considered domestic violence. The “abuser” could be subjected to jail time, fines, classes, restraining orders, and more. If you have been charged with domestic violence, contact Orange County domestic violence defense attorney Maltaise Cini. Ms. Cini has extensive experience in fighting for the rights of those individuals who are falsely charged with domestic violence. Call 949-660-1389 to learn more.
California law contains three different statutes that cover incidents of domestic violence, or violence that occurs between couples or members of the same household. Which statute lies underneath a particular person’s domestic violence case depends on the details of the individual case.
The least serious domestic violence charge is a charge of simple domestic battery under California Penal Code Section 243(e)(1). In order to prove this charge, the prosecutor does not have prove that anyone was actually injured. Domestic battery is a misdemeanor.
If the prosecutor’s office believes it can prove an injury occurred, it may decide to charge the alleged injurer with either aggravated battery or “intentional infliction of corporal injury.” The aggravated battery statute, Section 243 (d), allows aggravated battery to be charged as either a misdemeanor or a felony, depending on how serious the conflict was and the nature of any injuries. Also, anyone may accuse someone of aggravated battery; the accuser does not have to be in a domestic relationship with the accused.
California’s statute on intentional infliction of corporal injury, Section 273.5, makes it a felony to inflict a bodily injury on an intimate partner. The injury does not have to be life-threatening – even bruises may be enough to hold up a charge under this statute. This charge also carries the heaviest penalty for a conviction: up to four years in prison, along with $6,000 in fines.
Understanding the nature of a domestic violence charge can be difficult. If you’re facing domestic violence charges in Orange County, please don’t hesitate to contact experienced Newport Beach domestic violence defense lawyer Maltaise Cini. For a free and confidential consultation, call 949-660-1389 today.
A statewide sting operation run by the California Contractors State License Board ended with 135 separate arrests on various charges, according to a recent article in The Business Journal.
The purpose of the sting was to uncover contractors who were bidding on projects in excess of state law limits. Members of the Statewide Investigative Fraud Team, or SWIFT, posed as landlords or homeowners and asked contractors to bid on certain projects, including landscaping, concrete, painting, and garage door installation. Contractors who bid above the $500 limit imposed by law were told that their bid was a misdemeanor under California law and given a notice to appear in court.
In addition, the sting uncovered several individuals that police had issued arrest warrants for. For instance, one person arrested during the sting allegedly had eight different arrest warrants for DUI in California, while another had a bench warrant issued by a court to appear on a domestic violence charge. SWIFT team members worked with county police officers and prosecutors’ offices to make the arrests.
The purpose of the sting, according to the Contractors State License Board, was to educate consumers about contractors who don’t follow state law. However, it also resulted in unrelated arrests for a number of individuals, who must now face charges including domestic violence and driving under the influence in addition to the claims that they are not following state contracting law.
If you or a loved one has been arrested or charged with a crime in Southern California, please don’t hesitate to contact an experienced Newport Beach criminal defense lawyer. Attorney Maltaise Cini has the resources and experience to fight for the best possible outcome in your case. To schedule a free and confidential consultation, call Maltaise Cini today at 949-660-1389.
