Deadlocked Juries: California vs. New York Procedures
A hung jury happens when jurors can’t reach the required unanimous verdict in a criminal trial, so the judge declares a mistrial. In California and New York, prosecutors may usually…
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Kirk Tarman Explains Executive Pardons and Resentencing
In California, a pardon is generally possible only after you finish your sentence and then obtain a Certificate…
Attorney Kirk Tarman Answers If The DUI Laws Have Recently Changed Along With The Drug Sentencing Laws
California DUI law changes can affect key defense issues like sentencing exposure and how blood or breath evidence…
Attorney Kirk Tarman Describes The Best Case Scenario In A DUI Arrest
Expert attorneys master best case DUI defense strategies by challenging at least 3 key points: the traffic stop,…
Attorney Kirk Tarman Discusses Weapons Charges From A Criminal Defense Perspective
Expert weapons charge defense attorneys focus on 3 core leverage points: legality of the stop/search, proof of possession,…
Attorney Kirk Tarman Discusses Whether A Probation Or Parole Violation Is Just A Punishment Enhancement!
A probation violation can expose you to the maximum sentence for the original conviction and additional penalties for…
Does DUI Probation Include Search-and-Seizure Terms?
DUI probation in San Bernardino County can include 3–5 years of supervision with strict terms like alcohol testing,…
Attorney Kirk Tarman Explains His Covid Procedures For Clients If Requested
Expert attorneys should implement COVID client safety measures now to reduce illness risk and potential liability while keeping…
Attorney Kirk Tarman Explains How A Marijuana DUI Can Be Defended
Marijuana DUI arrests are rising as legalization expands, but impairment is harder to measure because THC levels don’t…
Attorney Kirk Tarman Explains How A Probation Violation Affects Additional DUI Arrests
A DUI probation violation can trigger immediate jail time, added fines, or an extension of probation depending on…
Attorney Kirk Tarman Explains How A Weapons Charge May Enhance The Sentencing In The Criminal Case
Weapons enhancements can add years—sometimes decades—to a sentence, depending on the charge and jurisdiction. Prosecutors often use these…
Attorney Kirk Tarman Explains How DA’s In Different Counties, Or Even In The Same County, Can Prosecute A Case Differently
A district attorney’s charging and plea-bargaining discretion can significantly change your criminal case outcome—sometimes determining whether you face…
Attorney Kirk Tarman Explains How Probation And Parole Is Affected By Societal Changes
Several recent legal changes have tightened probation and parole requirements, increasing reporting obligations and raising the risk of…
Attorney Kirk Tarman Explains How The 1st DUI Differs From The 2nd Or A 3rd DUI In Criminal Defense
Second and third DUI convictions can trigger steep penalty increases—often including mandatory jail time, longer license suspensions, higher…
Attorney Kirk Tarman Explains One Of His Primary Arguments In The Defense Of A DUI Arrest
Astute DUI defense attorneys can beat or reduce charges by attacking the prosecution’s primary arguments—often focusing on unlawful…
Attorney Kirk Tarman Explains One Of The Most Common Misunderstandings In A DUI Arrest
Most DUI arrests don’t end in a conviction—many cases are reduced or dismissed when key evidence is flawed.…
Attorney Kirk Tarman Explains Search And Seizure Procedures While On Probation Or Parole
Probationers and parolees can still challenge searches—officers typically must meet at least a “reasonable suspicion” standard, and in…
Attorney Kirk Tarman Explains The Clues Behind The Different Types Of Field Sobriety Tests In A DUI Arrest
NHTSA standardized field sobriety tests look for 8 clues on Walk-and-Turn and 4 clues on One-Leg Stand that…
Attorney Kirk Tarman Explains The Defense Against The “A” Count In A DUI Arrest
DUI “A” count charges can be beaten by creating reasonable doubt about actual impairment at the time of…
Attorney Kirk Tarman Explains The Evidentiary Tests In A DUI Arrest And How They Will Affect You
Evidentiary breath tests are usually administered at the police station or jail, though some jurisdictions can run them…
Attorney Kirk Tarman Explains The Purpose Behind The Field Sobriety Tests In A DUI Arrest
DUI field sobriety tests usually include 3 standardized tests: HGN, walk-and-turn, and one-leg stand. Officers use your performance…
Attorney Kirk Tarman Explains The Reality Of Marijuana DUI Laws
California has no per se THC blood-limit rule for marijuana DUI—impairment must be proven case by case. In…
Can One Drink Lead to a DUI Arrest?
In San Bernardino County, CA, you can be arrested for DUI after one drink even if your BAC…
Attorney Kirk Tarman Explains The Recent Changes In The Drug Sentencing Laws In California
Under new California drug sentencing laws, many personal-use drug possession cases are now charged as misdemeanors instead of…