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Prop 36 – Three Strikes Law Changed Significantly

On November 6, 2012 the California voters passed Proposition 36 which changes California’s three strikes law.  The voters approved this change by a wide margin – with 68 percent in favor of the change.

Changes to California’s Three Strikes Law

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Placer County Drunk Driving Prosecution

Placer County has the earned reputation as being one of the toughest (if not the toughest) counties in California when it comes to enforcement of the driving under the influence laws.

Placer County DUI DWI History

Placer county had established… Read More

Remarkable Outcome

If you’re reading this, there’s little doubt that we have something if not everything in common: you don’t have the convenience of an attorney friend or referral, you’re either a first-time offender or in bigger trouble this time than the… Read More

Very Quick Action & Avoiding Criminal Charges

My brother was arrested on Friday night for a felony offense. I met with, and hired, Dan Koukol on Sunday at 10 am – approximately 36 hours after the arrest. Mr. Koukol’s investigator got started investigating the case the same… Read More

A Ten Year Mandatory Minimum – Turned Into Zero Days In Jail

I remember when I first met Dan Koukol I was an absolute wreck. I was in jail for the first time in my life. I could not stop crying. I was absolutely terrified that I would be in jail for… Read More

Federal Attorney

Dan Koukol has represented over 75 defendants in the United States District Court for the Eastern District of California. Over the years, in every case I have witnessed Dan Koukol represent his clients with requisite legal knowledge, skill, thoroughness, and… Read More

I must have gone through 25 defense law firms before I found Dan Koukol

In attempting to find a knowledgeable attorney I must have gone through 25 defense law firms. I lost many thousands of dollars and many hours of precious time. When I finally sat down with Dan Koukol, I realized he was… Read More

Dan saved my future which was worth every penny spent.

I almost fell into the worst possible situation for someone my age. Two felony counts at the age of 20 was a devastating hit to myself and my family. I’ve always known I would like to take over the family… Read More

Victim’s Request For Leniency Blog

Prosecutors should consider leniency requests from victims of crime. See Article I, Section 28 of the California Constitution, the “Victims’ Bill of Rights.” Also Section 679 requires that all crime victims be “treated with dignity respect, courtesy, and sensitivity.” Section… Read More

Victim’s Request for Leniency

Prosecutors should consider leniency requests from victims of crime. See Article I, Section 28 of the California Constitution, the “Victims’ Bill of Rights.” Also Section 679 requires that all crime victims be “treated with dignity respect, courtesy, and sensitivity.” Section… Read More

Dual Sovereignty Doctrine Allows the Federal Government to Prosecute for Conduct Already Punished by States

The double jeopardy clauses of the Fifth Amendment of the United States Constitution and California Constitution Article I, Section 15 provide that a person may not twice be placed in jeopardy for the same offense. The double jeopardy bar protects… Read More

Federal Prosecutions in Real Estate Fraud

Having passed the California Real Estate Agent exam at age 18 and practiced criminal defense over 20 years, Dan Koukol is uniquely qualified to defend real estate professionals, investors and home buyers caught up in the frenzy of federal prosecutions… Read More

Federal Law Makes Criminals out of Millions of Employees

If you are reading this on your employer’s computer, you might be committing a federal crime. Any person who obtains information from any computer connected to the internet, in violation of his employer’s computer use restrictions, is guilty of a… Read More

Federal Marijuana Law and California Medical Marijuana Laws

Marijuana law is another example of why you need an attorney who practices in both federal and California courts. Federal Marijuana law trumps California medical marijuana laws. According to the United States Supreme Court, in Gonzales v. Raich (2005), the… Read More

AB 109: How You Can Benefit with the Right Lawyer

The United States Supreme Court has ordered the State of California to reduce its prison population. According to Supreme Court Justice Antonin Scalia, the order is a “radical” one that will force the release of a “staggering number” of felons.… Read More

Restoring Right to Possess Firearm in California

People frequently ask whether they can legally possess a gun. The answer is sometimes complicated because California state and federal law both come into play. Experienced lawyers can clear things up, and in some cases actually help restore your right… Read More

Consequences of a DUI

Just as a DUI arrest leads to both criminal and DMV administrative cases, a DUI conviction leads to criminal and DMV related consequences.  This post familiarizes you with these two tracks of consequences.
First Offense
If you are convicted of… Read More

What You Should Do if You Are Stopped for a DUI

You can minimize the evidence obtained at all stages of an arrest by the Placer DUI investigating officers by sticking to the following script.
Initial Stop
When you are pulled over and approached by a Placer DUI investigating officer, roll… Read More

Evidence in a DUI Case

The previous blog entry introduced you to the importance of evidence in a DUI case.  This blog discusses the various ways in which Placer DUI investigating officers obtain the evidence later used to support the Placer County District Attorney’s case.… Read More

Defending a DUI

Just because you were arrested for DUI and your blood alcohol level was above .08 % does not mean you should simply plead guilty at the first opportunity. There are a variety of DUI defenses that are available in a… Read More

Commercial Driver DUI

People who drive big-rigs, busses, tank trucks or other commercial vehicles are subject to stricter rules regarding driving while under the influence of alcohol. This post discusses the laws related specifically to DUI regarding commercial drivers and the harsh consequences… Read More

Drivers License Suspension: DUI Part 5

This post discusses issues related to the DMV license suspension that results from a DUI arrest. The DMV suspension mater should not be overlooked because there may be strategic advantages to proceeding thoroughly and with an experienced DUI Attorney. Read More

DUI With Prior Offenses or Enhancements: DUI Part 4

The legal consequences become more severe with each DUI conviction. This section outlines the increase in penalties for multiple misdemeanor DUI offenses and also discusses frequently charged DUI enhancements. The penalties related to felony DUIs with prior offenses are more severe than the above and are not covered in this blog. Read More

Other DUI Related Offenses: DUI Part 3

There are several offenses related to DUIs that are commonly charged in Placer County and the other 57 California Counties. This post discusses the most frequent examples: Baby DUI, Wet and Reckless, Driving on a Suspended License, and Hit and Run. Read More

Felony DUI Offenses: DUI Part 2

There are several felony DUI/DWI charges in California including driving drunk while intoxicated and causing injury, DUI with three prior offenses on the driver’s record and DUI with a prior vehicle manslaughter conviction. Read More

Misdemeanor DUI Offenses: DUI Part 1

If you have been charged with a misdemeanor DUI, it is vital that you consult a DUI attorney with experience handling such cases. DUI cases are complex, frequently involve constitutional issues and often require expert analysis and testimony. Read More

Drug Court: Drug Diversion Series Part 3

This final post of the drug diversion blog series discusses the Placer County Drug Court program Read More

Proposition 36: Drug Diversion Series Part 2

This post outlines the Proposition 36 treatment program in Placer County, and is part 2 of a part blog series on the drug diversion program. Read More

Deferred Entry of Judgement: Drug Diversion Series Part 1

Part 1 of the 3 part drug diversion blog series discusses Deferred Entry of Judgment. Read More

Legal Marijuana Distribution: Medical Marijuana Part 2

This post discusses the laws surrounding medical marijuana dispensaries, cooperatives and collectives. It also discusses the November, 2010 ballot initiative to legalize marijuana for recreational use. Read More

Legal Marijuana in California: Medical Marijuana Part 1

This first blog in the our next series discusses the California and federal laws related to medical marijuana. Read More

Sentencing and Collateral Consequences: Domestic Violence Series Part 5

This fifth and final part of our domestic violence series deals with being sentenced of a domestic violence case, probation eligibility, court ordered programs and firearm implications. Read More

Restraining Orders: Domestic Violence Series Part 4

This fourth post in the series covers things to be aware of when dealing with restraining orders. Read More

Wise Proactive Decisions: Domestic Violence Series Part 3

This third post in the series details what to do if you should find yourself involved in a domestic violence case, and it details some of the common defenses found for those cases as well. Read More

Change of Statements: Domestic Violence Series Part 2

The second post in the series covers victims that no longer wish to press charges, testify, or make a statements regarding the domestic violence case. This five part blog series will cover domestic violence. Read More

The Basics: Domestic Violence Series Part 1

The first of five posts discusses the formation of the Placer County Domestic Violence Court and the Family Violence Unit of the Placer County District Attorney's Office. It also outlines the most common domestic violence offenses. This five part blog series will cover domestic violence. Read More

Recent Supreme Court Decision Regarding Sex Offenders

The California Supreme Court recently issued an important decision regarding sex offenders.  In In re E.J., et al (2010) 47 Cal.4th 1258, the court considered two main questions related to Proposition 83 residency restriction that became effective on November… Read More

Obligations, Consequences and Limitations

If you are required to register under California Sex Offense Registration laws, what can you do in order to avoid further run-ins with the law regarding your registration requirement? What are the registration obligations of the offender? If you were… Read More

Avoid Conviction of Sex Offenses

This post discusses the differences between offenses requiring a person to list their information on Megan’s Law, non-posting required offenses, and those offenses requiring no registration at all.  It also discusses ways to avoid being convicted of a sex offense… Read More

Sex Registration and Megan’s Law

It’s no secret that if you have been convicted of a sex offense in California, you are likely required to register as a sex offender.  However, you may not realize that not all sex offense convictions require you to register. … Read More

certificates of rehabilitation and early termination of probation

What is a Certificates of Rehabilitation? Who is eligible? How can you recieve an Early Termination of Probation? If you are sentenced to prison you are not eligible to later expunge the conviction.  However, you may be eligible to obtain… Read More

sealing and destroying arrest records

As you have been learning in the previous posts on this topic, there are many benefits to cleaning up your California criminal history record. Let’s now learn about sealing and destroying arrest records. There are several different circumstances in which… Read More

obtaining a dissmissal of your criminal record

In this series of blog posts concerning criminal records in California, we have covered details about what a criminal record really means, how to obtain your own criminal history record, how an adverse record can effect you and how to… Read More

options for getting convictions dismissed

Did you know there are several ways to have convictions completely dismissed from your record? What are dismissal options and the methods to accomplish this? There are several ways to have convictions dismissed from your record including reducing your felony… Read More

know your criminal history record

It is vital for you to know what your criminal history record in California is before you can do anything about cleaning it up.   If you have a criminal history record, there are ways to clean it up to minimize… Read More

clean up your california criminal record

If you are currently charged with committing a criminal offense in California it is important that you understand that your decisions in this phase of handling your case will likely affect what is reported on your criminal record. In many… Read More

placer county has highest dui conviction rate

Drinking while driving is always a bad idea. If you do drink and decide to get behind the wheel in Placer County, you could be facing harsh consequences if you are pulled over. You will need to hire an experienced… Read More

drunk driving

Driving while intoxicated (DWI) or driving under the influence (DUI) are both considered drunk driving. You can be charged with a drunk driving offense if you drive with a blood alcohol level over the state’s maximum permissible blood alcohol limit.… Read More

police interrogation techniques

The police have been trained to get you to say things that are ultimately against your interest. They are trying to find suspects in a crime, and getting you to say such things is part of their job. The technique… Read More

good cop, bad cop

We’ve all seen it in the movies or on TV. The police bring in a suspect to question about an incident and, most likely, to accuse him or her of perpetrating the criminal activity. One cop plays the “Bad Cop”,… Read More

encounters with law enforcement

The best way to handle encounters with law enforcement is to take the necessary steps to reduce the chance that an encounter will occur in the first place. However, if you are confronted by a law enforcement officer you should… Read More

common mistakes to avoid

In the event that you are taken into custody by law enforcement officials, there are some things that you should always keep in mind. The first one is, of course, to remain silent until you speak to an attorney. This… Read More

why is it important to remain silent?

We’ve all heard it in a hundred different cop shows. “You have the right to remain silent”. Law enforcement officers are required to remind suspects of this right. Some use it, some waive it. But why is it important that… Read More

how an attorney can help

If you should have an encounter with law enforcement, and you’re not sure what to do or how to make sure your rights are respected, an attorney can step in and offer the professional, knowledgeable help you need. First and… Read More

become educated

Well, I did it! I finally decided to enter the world of Blogging.  I look forward to sharing interesting stories and useful information to those who are facing criminal charges and those who have loved ones who are facing such… Read More