Allaye Chan Law - Criminal Defense

Simple Assault

admin — Mon, 30 Apr 2012 14:58:41 +0000

Every state in the United States severely punishes an assault crime. Also, every state punishes an assault crime differently. In California, a simple assault is defined as an unlawful attempt, with a present ability to commit a violent injury to a person other than you. You don’t even need to commit the crime to be charged for simple assault.

Simple Assault can be charged as a misdemeanor and you can be fined up to a $1000 and jail time of up to 6 months. The fact that you don’t even have to injure one can make this law complicated. This is why some people are falsely accused or wrongfully arrested for simple assault.

If you have been arrested contact criminal defense lawyer Sacramento Richard Allaye Chan Jr., for free consultation. Call (916) 446-4400 today.

Allaye Chan Law
1000 G Street, Suite 220
Sacramento, CA 95814
(916) 446-4400

When you are Arrested

admin — Mon, 16 Apr 2012 16:35:15 +0000

When you are arrested lawfully, you can be searched without your consent. If you are arrested but not taken into custody, the police can search you for weapons and to prevent you from destroying any evidence. Should you be taken into custody, the police can conduct a full search of you, as well as the immediate area around you in case you hid something when the police arrived.

At the police station or the jail, you may be stripped-searched if the re is a possibility that you may be concealing drugs, contraband, or evidence on your body. Absent extenuating circumstances, a police officer of your own sex must do the search.

If you have been arrested contact criminal lawyer in Sacramento, CA Richard Allaye Chan Jr., for free consultation. Call (916) 446-4400 today.

Allaye Chan Law
1000 G Street, Suite 220
Sacramento, CA 95814
(916) 446-4400

Drug Tests

admin — Wed, 21 Mar 2012 23:25:49 +0000

The NHTSA established eight field sobriety tests to determine drug usage: horizontal gaze nystagmus (HGN), pupil reaction, pupil size, standing steadiness, one-leg stand, walk-the-line, finger-to-nose, and pulse rate.

Officers also consider skin marks, apathy, drowsiness, and hyperactivity. Although relatively accurate indicators of drug use, the reliability of the results is contingent upon the training and experience of the office administering tests.

If you have been arrested and charged with a DUI, contact Sacramento DUI lawyer Richard Allaye Chan Jr., for free consultation. Call (916) 446-4400 today.

Allaye Chan Law
1000 G Street, Suite 220
Sacramento, CA 95814
(916) 446-4400

Drugs & Preliminary Breath Test (PBT)

admin — Mon, 06 Feb 2012 15:42:23 +0000

Drugs

NHTSA established several field sobriety tests to determine drug use. Eight tests were developed – one leg stand, finger-to-nose, walk –the-line, standing steadiness, HGN, pupil reaction, pupil size, and pulse rate. Officers also consider skin marks, apathy, drowsiness, and hyperactivity. Although the tests are considered good indicators of drug use, their reliability depends on the training and experience of the officer.

If you have been arrested and charged with a DUI, contact DUI defense lawyer Sacramento Richard Allaye Chan Jr., for free consultation. Call (916) 446-4400 today.

Preliminary Breath Test (PBT)

The preliminary breath test (PBT) is offered at the scene of a police stop to determine motorist intoxication. The PBT is part of the implied consent law, and in a few states refusing to take the test can result in a lengthier driver’s license suspension. Although the PBT result is not admissible in criminal proceedings, it is usually admissible in a driver’s license suspension hearing. Since the PBT is not accurate or widely accepted as reliable scientific evidence, it cannot be used to prove criminal guilt beyond a reasonable doubt; however it can be used to prove civil culpability by a preponderance of the evidence (more likely than not) is a driver’s license suspension hearing.

PBT reliability is significantly influenced by external factors unrelated to alcohol consumption. Depending upon PBT model used, the result can be skewed and inflated by non-tethanol components. The fuel cell PBT is distorted by the presence of acetaldehyde, methanol, isopropanol and n-propranolol. The gas sensor PBT has inflated results with the previously mentioned chemicals, as well as acetic acid, paraldehyde, and ethylene glycol. In most studies performed, the PBT was found to be 60-80% accurate.

If you have been arrested and charged with a DUI, contact DUI defense lawyer Sacramento Richard Allaye Chan Jr., for free consultation. Call (916) 446-4400 today.

Allaye Chan Law
1000 G Street, Suite 220
Sacramento, CA 95814
(916) 446-4400

DUI – Preventing a Police Stop(2)

admin — Mon, 23 Jan 2012 15:49:03 +0000

If you are drinking alcohol, even socially, then you are susceptible to a drunk driving arrest. Therefore, it is essential to know your rights before operating a motor vehicle. The key is taking precautions before driving. The ability to correct minor driving irregularities, which are often unrelated to alcohol impairment, can reduce the chance of being stopped by the police. Regardless of the excuse used for driving erratically, this creates probable cause to justify a police stop, which allows the officer to inquire about the driver’s consumption of alcohol. Consequently, it is imperative to act responsibly before driving so you can prevent a police stop.

Prior to any police stop, every motorist should stock their vehicle with several essential items. Each component is intended to reduce the indicators of intoxication that offices rely upon to substantiate a drunk driving arrest. Since most drunk driving arrests are precipitated by the officer’s initial contact with the driver, it is essential to use this opportunity to present yourself in a non-incriminating manner. In other words, motorists must take precautions to disguise the indicators of intoxication to avoid being wrongfully charged with a drunk driving offense.

If you have been arrested and charged with a DUI, contact DUI defense attorney Sacramento Richard Allaye Chan Jr. for free consultation. Call (916) 446-4400 today.

Allaye Chan Law
1000 G Street, Suite 220
Sacramento, CA 95814
(916) 446-4400

DUI – Preventing a Police Stop

admin — Mon, 16 Jan 2012 17:56:26 +0000

Since an accusation of drunk driving is virtually inevitable at some point in your life, the first step is minimizing the factors that trigger drunk driving arrests. Of course, abstinence is the best way to prevent an arrest, but this is often impractical. Most people are social drinkers, and it is perfectly legal to drink and drive. If you are drinking alcohol, even socially, then you are susceptible to a drunk driving arrest. Therefore, it is essential to know your rights before operating a motor vehicle.

The best way to reduce the chance of a drunk driving arrest is preventing the initial police stop. First and foremost, be familiar with the vehicle you are driving. Many arrests are precipitated by erratic driving behaviors due to the motorists unfamiliarity with the car. The person is often driving a friends car, and the irregular driving involves: 1) searching for dashboard switches; 2) stopping too quickly because of unfamiliarity with the brake sensitivity; or 3) driving a manual transmission when they are more familiar with an automatic, or vise versa.

If you have been arrested and charged with a DUI, contact Sacramento DUI defense attorney Richard Allaye Chan Jr. for free consultation. Call (916) 446-4400 today.

Allaye Chan Law
1000 G Street, Suite 220
Sacramento, CA 95814
(916) 446-4400

Robbery

admin — Thu, 12 Jan 2012 15:39:48 +0000

Robbery is the use of force, or the threat of immediately using force, to take money or property from a person. Shoving s gun into someone’s ribs and demanding all of his or her money is an obvious example of robbery, in this case armed robbery. The force can de directed against either the victim or a member of his o her family. For example, a father and daughter are walking down a street one night and are accosted by a robber. The robber threatens to hurt the daughter if the father doesn’t hand over his wallet. This is a robbery, although the force is directed at the daughter, not at the father.

Stealing a wallet from an unconscious person generally isn’t considered a robbery (unless the thief knocked the person out), since the victim doesn’t surrender his or her money in the face of any force or threats. This doesn’t mean that it’s not a crime to take things from an unconscious person; it is larceny.

If you have been arrested and charged with a crime, contact a criminal defense attorney Sacramento Richard Allaye Chan Jr., for free consultation. Call (916) 446-4400 today.

Allaye Chan Law
1000 G Street, Suite 220
Sacramento, CA 95814
(916) 446-4400

Legal Definition of Driving

admin — Mon, 09 Jan 2012 23:08:05 +0000

In many jurisdiction the term “drunk driving” is a misnomer because a person does not have to drink or drive to be convicted of drunk driving. For whatever reason, the legal system has curtailed motorists rights to make it easier for prosecutors to obtain a conviction. The double standard of judicial precedent that applies to drunk driving cases versus all other criminal charges is one of the most frustrating aspects of legal defense. Consequently, there are numerous instances where persons are wrongfully convicted of a serious criminal offense even though there was no proof of drinking or driving.

Actual physical control of a motor vehicle is not always necessary for a drink driving conviction. To constitute driving, there is usually a requirement that the driver have sufficient control over the vehicle. Of course, based upon recent interpretations of the law, this is not difficult to prove.

In once case, a motorist and his friend drove into a ditch, burying the car in mud. While making a futile attempt to dislodge the car, an officer arrived and charged the person behind the wheel with drunk driving. Although the vehicle was inoperable and there was no proof the person behind the wheel actually drove the car into the ditch, the court senselessly upheld the conviction claiming the driver had sufficient control of the vehicle.

If you have been arrested and charged with a DUI, contact DUI lawyer in Sacramento Richard Allaye Chan Jr. for free consultation. Call (916) 446-4400 today.

Allaye Chan Law
1000 G Street, Suite 220
Sacramento, CA 95814
(916) 446-4400

Driver’s License Sanction

admin — Sat, 07 Jan 2012 00:46:02 +0000

Most states predicate their motor vehicle licensure laws on one simple legal concept – driving is a privilege, not a fundamental right – so any driver’s license sanction is remedial, not punitive. Consequently, a drunk driving criminal charge is separate and distinct from a driver’s license suspension. For example, despite an acquittal on a drunk driving charge, the department of transportation is still allowed to suspend driving privileges for a drunk driving offense. The rationale is twofold.

First, there is a legal distinction surrounding the definition of punishment. A criminal charge is considered punishment because a jail sentence can be imposed, while a driver’s license suspension is remedial because no incarceration can result. Second, there is a different standard of proof. In a criminal case, the state must prove guilt beyond a reasonable doubt, whereas a civil case only requires a preponderance of the evidence. Despite the cockeyed rationale, this remains the predominate judicial interpretation of drunk driving laws.

If you have been arrested and charged with a DUI, contact Sacramento DUI lawyer Richard Allaye Chan Jr. for free consultation. Call (916) 446-4400 today.

Allaye Chan Law
1000 G Street, Suite 220
Sacramento, CA 95814
(916) 446-4400

Inventory Searches

admin — Thu, 05 Jan 2012 20:46:33 +0000

Despite the subtle nuances of privacy interests and constitutional guarantees, most individual rights are nullified by legal technicalities. If the police are able to initiate an arrest, which is allowed for any offense – even traffic tickets – then the vehicle can be impounded and inventoried. The purpose of the inventory is to protect the vehicle owner against theft, but the result is the same-unbridled police authority. If the police discover stolen items or illegal substances during an inventory search, additional criminal charges can be filed against the vehicle owners or occupants. Constitutional protection hinges on the level of intrusiveness. For instance, if the officer inspects every piece of paper in a wallet, it is most likely an unconstitutional infringement. Similarly, if the officer searches every compartment of a purse, a constitutional challenge may be available. Since constitutional rights are specific to a particular case, no all-inclusive rule can provide assurances so consult an attorney to discuss the ramifications of questionable police searches.

If you have been arrested and charged with a crime, contact a criminal attorney sacramento Richard Allaye Chan Jr. for free consultation. Call (916) 446-4400 today.

Allaye Chan Law
1000 G Street, Suite 220
Sacramento, CA 95814
(916) 446-4400