Criminal Defense | San Diego Law Blog
While most parents believe they have the right to see their child at any time or take them on trips whenever they want, divorced parents operate under different rules and requirements. Once a couple separates, they must enter into a custody agreement by law in California. These custody schedules are not simple guidelines, and violating them can lead to serious consequences, including criminal charges of parental kidnapping.
When you are charged with a DUI in San Diego, you may automatically assume that the charges against you are set in stone. However, DUIs are complicated cases, and defendants have several options that can allow them to avoid significant prison time and fines. This will all depend on the specific evidence in your case and the effectiveness of your attorney, but you may be able to avoid a charge with a plea of wet reckless.
While you may assume you can only contact a lawyer after investigators have charged you with a crime, the reality is that you are always allowed to reach out to a lawyer no matter the status of your case. The law is extremely intricate, and most people are not aware they have committed a crime until they are arrested. However, if you do suspect that you are being investigated for a crime, then you should reach out to jD LAW immediately to ensure you have proper legal guidance throughout a pre-file investigation.
Cell phones have become so commonplace that it is hard to go anywhere without someone taking a photo, making a call, or recording a video. While most of the content on a phone may seem mundane, it can also be extremely relevant during a criminal trial. It is extremely normal for witnesses to pull out a cell phone and start recording an alleged crime or arrest. However, this footage does come against certain California laws regarding privacy, including eavesdropping laws, that could influence how effective it is in the courtroom.
The state of California has complex laws regarding DUIs that most defendants are not aware of how serious their charges can be. Even for first-time offenders, prosecutors in San Diego County can level significant charges if they have evidence of additional crimes or you meet certain criteria. These are often referred to as “enhancements” and can take a single misdemeanor charge and turn it into a felony.
As California is now a mail-in state for the November 2020 ballot, there are two major initiatives that can affect the criminal justice system. The first is SB10, which we have covered previously, but another major item is SB-710, which could change misdemeanor charges in felonies, modify parole eligibility, and change procedures for DNA evidence.
As San Diego County is still operating under the Stay at Home Order in order to limit the spread of COVID-19, many businesses have had to shift to curbside, takeout, or delivery options to maintain their operations. This has included the cannabis industry, as dispensaries are currently allowed to employ marijuana delivery drivers to fulfill customer orders. However, there are still certain restrictions and regulations that drivers must abide by in order to avoid breaking the law.
Judges have the discretion to grant or deny a request for continuance (rescheduling) of a court hearing to give either party additional time to prepare. As a general rule, judges in California frown on delaying the resolution of a case by requesting a continuance without a valid reason. Judges must balance the public interest in timely justice with fairness to the parties involved. However, there is still the possibility for a defendant to receive a continuance if their argument is presented properly and with strong legal counsel.
On the November 2020 ballot, California voters will have the option of abolishing bail in the state. This is a drastic shift in how the criminal justice system operates in our state and will influence the early stages of a criminal trial. Instead of paying bail after an arrest, defendants will be evaluated with a pretrial assessment review that will determine whether or not you are released from jail prior to your arraignment. This process may prove difficult for most defendants to understand initially and several factors can influence your assessment.
Misdemeanors and felonies can be a complicated topic for the everyday person to understand, especially when faced with criminal charges. In cases of petty theft, the difference relies on the judgment of the prosecution, who may make a decision based on your history, the nature of the crime, and, most importantly, the amount of money involved in the crime.
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