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Earl Carter & Associates represents clients in Sacramento County, Yolo County, Placer County, Contra Costa County, San Joaquin County, San Mateo County, Santa Clara County, Alameda County, San Francisco, Napa County, and Marin County. Earl Cater & Associates represents clients in the following cities: Alviso, Campbell, Coyote, Cupertino, Gilroy, Holy City, Los Altos, Los Gatos, Milpitas, Morgan Hill, Mount Hamilton, Mountain View, New Almaden, Palo Alto, Redwood Estates, San Martin, San Benito, Saratoga, Stanford,
Sunnyvale, San Jose, Santa Clara, Oakland, Sacramento, Stockton, Livermore, Fremont, San Leandro, Tracy, Manteca, Lodi, Elk Grove, Pleasanton, Danville, Walnut Creek, Dublin, Rancho Cordova, Roseville, Citrus Heights, Granite Bay, Antioch, Concord, Richmond, Vallejo, Rocklin, Berkley, San Ramon, Hayward, Lincoln, Auburn, Placerville, Hayward, Redwood City, San Jose, Napa, Fairfield, Vacaville, Modesto, Earl Carter handles the following cases and more: Drug & Drug Traffic Cases, Assault with a Deadly Weapon, Sex Crimes, Child Porn, Prostitution, Domestic Violence Defense, Driving Under the influence, Traffic Cases, Traffic Citations, Gun Crimes, Weapons Possession, Gang Crimes, Fraud, Embezzlement, Grand Theft, Petty Theft, White Collar Crimes, Appeals, DUI Defense, Drunk Driving, DWI, Homicide Defense, Murder, Sexual Assault, Rape, Computer Crime, Kidnap, Theft, Robbery, Burglary, Resisting Arrest, Hit and Run, Expungements, Trials, Probation Violations, Hit and Run, Violations of Probation, Driving on a Suspended license.

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Can a person be guilty of drunk driving if he only had one drink?
The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol. To find a person guilty under the first definition, a jury must be convinced beyond a reasonable doubt that the person's blood alcohol content (BAC) exceeded a certain amount. In most states the legal limit is .08 (or 8 percent). Therefore, if it is proven that the person's BAC at the time of the incident was .08 or greater, he or she can be convicted of drunk driving, regardless of how much alcohol was actually consumed.
In contrast, the second definition does not refer to any particular BAC; it focuses on the driving behavior of the person. If the person's driving is impaired by the consumption of alcohol, he or she can be found guilty of drunk driving. Instead of presenting evidence of the BAC to a jury, the prosecution seeking a conviction under this definition generally presents testimony about the person's driving and consumption of alcohol. A police officer will often describe the impaired driving that lead him to pull the person over and the person's ability (or lack thereof) to perform field sobriety tests, such as walking a straight line. Evidence is also usually presented concerning the person's consumption of alcohol. If the jury then concludes that the prosecution has met its burden of proof, it will convict the person of drunk driving. A susceptible person may exhibit impaired driving after one drink and therefore be convicted of drunk driving.

 

What is the difference between probation and parole?
Probation is a criminal sentence; parole is one way of completing a criminal sentence of incarceration. In most jurisdictions, first-time offenders are considered for probation, particularly if their offense was nonviolent. A person placed on probation is typically given a jail or prison sentence that is suspended as long as the person abides by the terms and conditions of probation. Common terms require the person to contact a probation officer once a week and to work, go to school, or look for work. Other terms can include required attendance at alcohol treatment or narcotic-abuse programs and educational classes on such subjects as anger management or good driving. The length of probation and its terms are enumerated at the sentencing and once the person has completed the terms of probation, he or she is free of court supervision.
Typically, an offender has been sentenced to an indeterminate or range of years in prison. After the offender has served the minimum amount of time authorized, the parole board decides if the offender is ready to be released from incarceration to finish out the sentence on parole. Parole boards consider the nature and seriousness of the crime, the views of the victim, the progress the offender made in prison, how crowded the prison is, and whether the offender has a someplace to go in the community. If parole is granted, the offender will have to abide by terms and conditions similar to those for probation for a specified period of time. If he or she completes the parole period, the criminal sentence is discharged.
Both probation and parole can be revoked if the offender commits another crime or seriously violates one of the conditions of release. The revocation proceeding requires written notice to the offender, an opportunity to explain and call witnesses, an impartial decision-maker, and a written decision stating the reasons for revocation. If parole is revoked, the parolee goes back to prison and serves the remainder of his or her sentence in jail or prison.

 

What is the difference between rape and sexual assault?
Rape is often used as a generic term for unwanted sexual acts. However, historically its common-law definition required the sexual act to be intercourse, the rapist to be a man, and the victim to be a woman, other than his wife. Furthermore, the act had to be committed as a result of force or the threat of force. Common-law rules often required the rape to be corroborated by independent witnesses to negate the offender's defense of consent.
Many modern-day penal codes no longer use the term "rape" , but instead use sexual abuse or sexual assault to define the prohibited acts. Rape is covered by these statutes and may be designated as sexual abuse in the first degree. However, most sexual assault statutes cover intercourse as well as other sexual acts and apply to homosexuals as well as heterosexuals. Generally, husbands can be charged with sexual assault of their wives, although they may receive a lighter sentence than non-marital sexual assault. Lesser offenses, such as unwanted touching or lascivious acts may be included in the definition of sexual assault.

 

How does a district attorney decide which criminals to charge?
A district attorney or prosecutor has the discretion to decide which crimes should be charged. In a typical case, the police investigate a crime and send a report to the prosecutor. The prosecutor then must decide whether to bring criminal charges against the subject of the investigation. First, the prosecutor analyzes the case to determine if it is legally sound. The case must not have any obvious defects that will get it thrown out of court, such as violation of the defendant's constitutional rights or destruction of evidence crucial to the defense. Next, the prosecutor decides if there is adequate and reliable evidence of the person's guilt. The prosecutor must determine that the amount of evidence, and the quality of evidence, makes conviction probable. If offering a plea, such as an agreement by the defendant to undergo drug treatment in return for a suspended sentence, is appropriate, the prosecutor may prefer to dispose of the case in this manner. Additional factors which may influence the prosecutor's decision include the defendant's culpability, which may be lacking because he or she acted out of a worthy motive or has mental defects. Finally the prosecutor must decide if he has the resources to pursue the case or if it is a low priority for that particular office.
Many prosecutors are elected officials and as such can be voted out of office if the public does not like the emphasis of their office. Some prosecutors, for instance, may focus most of their efforts and the office's resources combating property crime, while others may focus on domestic abuse. If the electorate does not like the particular goals of the prosecutor, it can end the practice by failing to reelect the individual or by seeking to have them removed from office.