Since 1977, California Penal Code section 1016.5 has required the trial courts before accepting a plea of guilty or “no contest”, to advise a defendant in an appropriate case that the plea may have immigration consequences. If the court fails to give the advisement and if the defendant shows that his conviction may result in…
Proposition 36 and Drug Treatment With the passage of Proposition 36 in 2000, California Courts are required to grant probation and drug treatment to any individual convicted of a “nonviolent drug possession offense” and prohibits incarceration in a county jail as a condition of probation. “Drug possession” includes the possession of illegal substances as well…
After an officer pulls a driver over for suspected drunk driving, they will either ask them to submit to a field sobriety test or chemical test or both. Chemical tests include measuring the blood alcohol content (BAC) level in the suspect’s breath, blood or urine. It is illegal in the state of California to be…
Arrested for Assault and Battery in Temecula or Murrieta? The term “assault and battery” is widely misunderstood. Most people believe that the term assault and battery consist of striking another individual. This belief is far from correct. Actually assault and battery are two separate crimes. Assault in violation of California Penal Code 240 takes place…
Arrested for DUI? Let us help you through this difficult time. No one ever goes out with friends or co-workers with the intention of being arrested for driving under the influence (DUI). No one ever plans for it to happen but unfortunately, sometimes this does occur and before you know it, you are being charged…
At the Law Office of Nic Cocis, we represent individuals charged with Criminal Offenses, including DUI and Juvenile Matters in the cities of Temecula, Murrieta, Hemet, Lake Elsinore, Menifee, Wildomar, Perris, Banning, Corona, Winchester and Riverside, California. If you or a loved one has been arrested or charged with a crime, contact our office right…
Your employment or ability to get a quality job can be negatively impacted by a DUI arrest and conviction. In recent years, jobs have become harder to find, and employers sift through tens or even hundreds of job applications to fill a position. Background checks are easily done through the internet, and a large percentage…
Many people have their first encounter with law enforcement and the criminal justice system when arrested and charged with DUI. Whether the arrest took place after a stop at a roadside checkpoint over the holidays, due to a traffic violation, or in another type of traffic stop, before you plead guilty you should understand everything…
Law enforcement set up and conducted a DUI checkpoint prior to Christmas, and several people were arrested. There were 3504 vehicles that drove through the checkpoint and 2960 got screened, looking for license violations and any signs of impairment. At any DUI checkpoint, there are specific requirements that must be followed for it to be…
I’m sometimes asked by husbands who were arrested for domestic violence — California Penal Code section 273.5 or 243(e)(1) — whether they can prevent their wives from testifying in court by invoking their marital privilege. California law recognizes two marital privileges. First, a spouse may refuse to testify against the other spouse. This privilege is…
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