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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.
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 had established
Read MoreIf 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 MoreMy 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…
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…
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 MoreIn 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 MoreI 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…
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…
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…
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…
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 MoreIf 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 MoreMarijuana 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…
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.…
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 MoreJust 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.
If you are convicted of
Read MoreYou can minimize the evidence obtained at all stages of an arrest by the Placer DUI investigating officers by sticking to the following script.
When you are pulled over and approached by a Placer DUI investigating officer, roll
Read MoreThe 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 MoreJust 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 MorePeople 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 MoreThis 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 MoreThe 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 MoreThere 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 MoreThere 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 MoreIf 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 MoreThis final post of the drug diversion blog series discusses the Placer County Drug Court program
Read MoreThis 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 MorePart 1 of the 3 part drug diversion blog series discusses Deferred Entry of Judgment.
Read MoreThis 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 MoreThis first blog in the our next series discusses the California and federal laws related to medical marijuana.
Read MoreThis 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 MoreThis fourth post in the series covers things to be aware of when dealing with restraining orders.
Read MoreThis 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 MoreThe 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 MoreThe 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 MoreThe 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 MoreIf 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 convicted…
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 MoreIt’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 MoreWhat 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 a certificate of…
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 records…
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 MoreDid 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…
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…
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 cases…
Read MoreDrinking 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 defense…
Read MoreDriving 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.…
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 MoreWe’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”, the hard-nosed,…
Read MoreThe 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 MoreIn 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 MoreWe’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 MoreIf 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…
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 charges.
As you…