Vehicular Manslaughter

April 4, 2016
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 |  Drug Crimes

Vehicular Manslaughter

Defense Against Serious DUI Accident Charges

Have you been charged with vehicular manslaughter/vehicular homicide? The consequences can be very serious, particularly if the individual was driving under the influence of alcohol. In some cases, a vehicular manslaughter conviction can mean life in prison. Obtain the experienced and quality criminal defense you need to successfully defend yourself against these charges.

As an experienced attorney and certified criminal law specialist, I serve as a Lakeport vehicular manslaughter attorney for people in that community, as well as Clearlake and the surrounding parts of Lake County and Mendocino County. Your freedom is at stake here. Don’t waste any time, and contact me for a free consultation to discuss the charges against you and what I can do to help.

Charges of Vehicular Manslaughter and DUI With Injury

When a person is killed in an accident caused by a drunk driver, the drunk driver will be charged with vehicular manslaughter. If the accident results in an injury, the drunk driver will be charged with DUI with injury. These are both serious charges that could result in long-term incarceration.

I take great care to work with accident reconstruction experts, forensic toxicologists and other experts who can help me gather the facts necessary to build a strong defense case for you. I will also heavily scrutinize police reports and any eyewitness accounts.

In California, less aggravated forms of vehicular manslaughter are known as “wobbler” offenses. This is because they can be charged as either a misdemeanor or a felony. The distinction is very important because it can mean the difference between jail or no jail. I will help you get the best possible outcome for your particular case by aggressively defending you and providing intelligent and thorough criminal defense representation.

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Parental Relocation

March 30, 2016
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 |  Family Law

Parental Relocation

After a divorce, it is not uncommon for one or both spouses to move to a new location to find employment, move closer to family members or pursue a fresh start in a new community. When custodial parent wishes to move to a new location, the noncustodial parent may be opposed to the move if he or she has concerns about the impact of the move on the children or the impact of the move on his or her visitation rights.

If you are involved in a parental relocation dispute, I encourage you to contact me, attorney. I am committed to providing the sound advice and vigorous representation you require. I represent parents who wish to relocate and parents who oppose a relocation. To schedule a consultation, contact my law office.

Relocation Laws

California law creates specific responsibilities for both custodial and noncustodial parents. It is important that you speak with a knowledgeable family law attorney to pursue your objectives in a manner consistent with the law.

As a custodial parent, you may be required by law or by the terms of your existing divorce decree to provide notice to the noncustodial parent prior to a move. A failure to do so could jeopardize your custody rights.

If you are a noncustodial parent and have received notice of your spouse’s intent to move, you must take action in a timely manner to oppose the relocation. Contact me immediately to protect your rights.

Parental Relocation

The Attorney That You Choose Is Important

There are a number of factors that a court may consider when determining whether to allow a custodial parent to relocate. The standard applied by the court is the best interest of the child standard, so the court will consider a wide range of issues that will impact the welfare of the minor child (or children).

Given the wide discretion granted to courts to make such determinations, you will need a skilled attorney on your side who can negotiate a favorable resolution on your behalf or make a compelling case on your behalf to the court.

As a former prosecutor, I have considerable trial experience and strong negotiation skills. I take time to understand the facts of each case, prepare cases for the possibility of contested hearings and work hard to seek the best possible outcome for each client I represent.

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Expungements and Sealing Records

February 25, 2016
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 |  General Posts

Expungements and Sealing Records

Clean Your Criminal Record

If you have been charged with a crime, even if you were not convicted, you have a record. Arrest records are recorded. Dismissed cases are recorded. Charges that resulted in probation are recorded. All of this can be seen by potential employers and other parties that may have a need to review your record. It can impact your ability to get a job and more.

Expungement

Penal Code Section 1203.4 offers some relief for people convicted of a crime. Most people refer to this relief as expungement. However, expungement is really a misnomer. Penal Code Section 1203.4 allows a person convicted of a crime to have their case dismissed. Although, you cannot have your record sealed or cleared pursuant to this section, getting your charges dismissed may prevent you from having to disclose your prior conviction to a prospective employer.

My name is attorney J. David Markham. I am a certified criminal law specialist. Working out of my office in Lakeport, I serve people in that community, as well as Clearlake and the surrounding parts of Lake and Mendocino counties. I can assist with the expungement process. If successful, potential employers and other parties will not be able to obtain information about your prior conviction.

Sealing Your Record

Expungements and Sealing Records

Under Penal Code Section 851.8, an innocent person arrested for or charged with a crime may be able to have his records sealed by proving to the court that he or she is factually innocent. This means no reasonable cause existed to believe he or she committed the offense. If relief is granted under this section, all records relating to the arrest and charges must be sealed for 3 years and subsequently destroyed. The arrest will be deemed to never have occurred.

Certificate of Rehabilitation

Expungement isn’t available to everyone. However, other options may be available. As your lawyer, I can assist you in applying for a certificate of rehabilitation. This is technically a type of pardon, rather than record sealing. However, it has similar benefits as expungement. Additionally, a certificate of rehabilitation may relieve a person of their duty to register as a sex offender.

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