Will one Accused of Domestic Violence on Their Spouse Loose Custody of Their Children?

Once a court finds that a person seeking custody of a child has within the past five years perpetrated domestic violence against the other party seeking custody of the child there is a presumption that an award of custody to such person is detrimental to the best interests of the child.

Question responded to by San Jose Criminal Defense Lawyer Bernard P. Bray

Will a 911 Report of Suspected Domestic Violence Result in an Arrest?

California law encourages an arrest of all suspected domestic violence offenders, and requires an arrest if probable cause exists to support an arrest. If this happens to you or a loved one in the Santa Clara County, then contact San Jose criminal lawyer Bernard P. Bray.

Should one Talk to the Police if one is Arrested by the Police, or Contacted by the Police as a Person of Interest?

One of the most powerful weapons in a prosecutor’s arsenal is an incriminatory statement by an accused. Oftentimes one newly arrested, or under police investigation, will make an incriminating statement in the hope of securing one’s freedom by cooperating with the police. Police are trained to, and do, actively encourage an arrestee’s belief that his cooperation will benefit the arrestee in some way. It is NEVER appropriate to have any contact with the police, or submit yourself to a police interview, until you have fully discussed your case with an experienced criminal defense attorney.

This post was written by Bernard P. Bray, a San Jose criminal lawyer.

Will Record Expungement Mask my Prior Arrest From Employer Background Investigations?

No. Many people are under the mistaken assumption that a record expungement and/or so called record clearance will actually mask their prior criminal arrests and convictions from future background investigations. Many attorneys actually advertise that this is the case. It is not the case. What record expungement will do is entitle one to a notation in their court file record that they have successfully completed probation, and/or entitle them to certain government benefits including citizenship, professional licensing and others.

This entry was written by San Jose defense attorney, Bernard P. Bray.

If one is Convicted for Driving Under the Influence will They Loose Their License?

The short answer is yes. For first time offenders the suspension is for six months. However, the DMV will grant a restricted license, a license that allows one to drive to and from work and school, once one has shown proof of enrollment in a driving under the influence program, proof of insurance, and pays all required reissue and reinstatement fees.

If you have been arrested for driving under the influence in Santa Clara county then contact Bernard P. Bray, a DUI lawyer in San Jose.