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    Different Types of Restraining Orders

    Last updated 6 months ago

    The state of California issues three kinds of restraining orders aimed at helping victims maximize protection under the law. The first type is known as a personal conduct order, which legally prohibits any individuals named in the documents from contacting the victim via phone, through email, or in person. This general judicial order also forbids stalking, threatening, or sexually assaulting someone, as well as destroying personal property.

    The second type of order is known as a “stay-away” order, which is meant to ensure that the named person keeps his or her distance from the protected person’s home, work, and children. The third kind is known as the residence exclusion order, and it legally forces the restrained individual to move out of the victim’s residence until a formal court hearing is held on the situation. 

    If you would like to file a restraining order against someone in your life, consider speaking to an attorney to ensure that you are on sturdy legal ground. San Jose-area residents in need of advice can call (408) 916-1413 to speak to the experienced attorneys at the law office of Hinkle, Jachimowicz, Pointer & Emanuel.

    California Requirements for Expungements

    Last updated 6 months ago

    Depending on the circumstances of a prior arrest, it may be possible to wipe away a conviction from your criminal record. This process is known as expungement, and it involves formally asking the court to reopen a defendant’s file and remove a guilty plea or conviction. By way of this petition, a felony can become a misdemeanor, and a misdemeanor can be removed altogether.

    In the state of California, only certain defendants are eligible to apply for expungement. Specifically, an individual must have been charged with a misdemeanor or felony and sentenced to probation, fines, or detention in a county jail in order to petition the judge. However, certain violations of the state’s motor vehicle code or sexual offenses against minors are ineligible.  

    When it comes to the expungement process, only a skilled criminal defense attorney can help you determine whether your case stands a chance. For this reason, you should speak to a lawyer if you are considering petitioning the judge to wipe away your sentence. Bay Area residents in need of legal advice should dial (408) 916-1413 to contact the San Jose-based legal team at Hinkle, Jachimowicz, Pointer & Emanuel today.

    The Importance of Obtaining a DUI Attorney

    Last updated 6 months ago

    If you are ever pulled over for a DUI, it is important to remember that the prosecution will still have to wage an uphill battle in order to convict you of a crime. Consequently, hiring a criminal defense lawyer is an important first step to getting your life back. These are just some of the many reasons that you should hire a DUI attorney.

    Knowledge of the Process
    Criminal procedure is complex, and can vary widely based on jurisdiction. Hiring a local criminal defense attorney means that you will have an advocate by your side during arraignment, pretrial meetings, and any court appearances. The lawyer will know what to expect at every step of the process and can instruct you on how to reinstate your driver’s license and minimize fines.

    Negotiation Skills
    Each city and county prosecutor’s office functions slightly differently. As a result, attorneys may be entrusted with different instructions for how to negotiate plea bargains with defendants. This process involves a delicate balance of knowing the facts and the strength of the law, and one wrong move can increase a defendant’s fines or jail time. Hiring a DUI defense attorney ensures that you have an experienced advocate who will negotiate and work to get you the best possible deal.

    Evidentiary Training
    It is entirely possible that the entire case against you relies on faulty evidence that should not be admitted in court. For instance, if the Breathalyzer device used to check your BAC has not been serviced in decades, it is very likely that its reading was incorrect. By hiring a criminal defense attorney for your DUI case, you can ensure that your lawyer investigates all possibilities and files the proper paperwork to get your case thrown out of court should the evidence be tainted.

    Have you been pulled over for drunk driving in Santa Clara County? If so, consider calling the law office of Hinkle, Jachimowicz, Pointer & Emanuel at (408) 916-1413 today. Our skilled legal team can fight for your case and work to get you the best possible outcome. The first consultation is always free, so call today. 

    The Benefits of Working With Hinkle, Jachimowicz, Pointer & Emanuel If You Have Been Charged with a Crime

    Last updated 7 months ago

    This video explains some of the ways in which our law firm goes above and beyond representing DUI clients in Northern California. We know that people make mistakes, so our team’s primary goal is to lessen the pain of the DUI charge for everyone who walks through our door.

    For instance, all California residents have 10 days from the day of arrest to set a DMV heading or risk losing their license. Our firm sets up these hearings for both current and prospective clients who are interested in our services. We also handle most cases on a flat-fee basis, which helps defendants understand the scope of our representation and budget for the process.

    At Hinkle, Jachimowicz, Pointer & Emanuel, our goal is to help our clients get back to work and with their family as soon as possible. We want to minimize any potential jail time and ensure the best possible representation in every DUI or car accident case. If you would like to learn more about our services, dial (408) 916-1413 to reach our San Jose office today. 

    Getting to Work After a DUI

    Last updated 7 months ago

    This video explains the complexity involved in getting your license back after a DUI or other type of arrest. While regulations vary from state to state, California has hard-set deadlines for how and when to petition to receive your license back. Consult an attorney if you need help with this process.

    All drivers pulled over for DUI in the state of California will have their license automatically revoked when they are charged for a crime. Subsequently, drivers must contact the local DMV and attend a hearing on the case within 10 days of the arrest. At that point, an administrative officer of the DMV has the right to grant you a license until your case is resolved. Failing to go through this process can result in an automatic license suspension of 40 days.

    The law office of Hinkle, Jachimowicz, Pointer & Emanuel has been serving Northern California counties of Santa Clara and Alameda for many decades. If you have been pulled over for a DUI, call us today at (408) 916-1413 to ensure that you do not miss any critical deadlines in restoring your license.

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