Criminal Defense

Sex Crime Defense for LGBTQ+: Challenges and Considerations

By San Diego Attorney on September 30, 2023

LGBTQ+ individuals face unique challenges in sex crime cases. They may encounter stereotyping, bias, and discrimination within the legal system. Police brutality against the LGBTQ+ community is common, particularly against transgender individuals. Statutes related to sex and HIV may be enforced in a discriminatory manner. If convicted and sentenced to jail or prison, LGBTQ+ individuals may become victims of rape or abuse disproportionately to the general population.

DUI and Ignition Interlock Devices: What You Need to Know

By San Diego Attorney on September 20, 2023

California is tough on DUI. A conviction of driving under the influence carries heavy penalties. Even for a first offense, with a blood alcohol concentration (BAC) of .08% or higher, if you are 21 or older, you could be facing jail time, fines, probation, driver’s license suspension, and mandatory attendance in a DUI education program. An ignition interlock device (IID) installation may reduce some of the penalties.

College Student Drug Crimes: Campus Policies and Your Rights

By San Diego Attorney on September 10, 2023

Being accused of a college drug offense can significantly impact your future. Most colleges have strict rules regarding illegal drugs, whether they are controlled substances, steroids, or illegally obtained prescription drugs. The rules cover the possession, distribution, and manufacture of illicit drugs.

How California’s Work Release Furlough Program Works

By San Diego Attorney on August 30, 2023

California implemented work release and work furlough programs as alternative sentencing options to help reduce overcrowding in correctional facilities. These options allow eligible convicted individuals to serve their sentences while working to earn income. Qualifications may vary from one county to another.

California Determinate vs. Indeterminate Sentences

By San Diego Attorney on August 20, 2023

Although the main focus of a criminal trial may be on a verdict of not guilty, sentencing is also a major concern. Under California law, many criminal statutes require specific lengths of jail sentences or determinate sentencing. On the other hand, indeterminate sentencing allows for a wider range of potential penalties and gives more discretion to judges.

DUI and Commercial Drivers: Unique Challenges and Consequences

By San Diego Attorney on August 10, 2023

Driving under the influence of alcohol or drugs is a serious matter in California under any circumstances. Commercial drivers are subject to more oversight and much stiffer penalties than other drivers. A conviction of a commercial driver DUI can mean the loss of your commercial driver’s license (CDL) and a significant impact on the ability to earn a living.

Discussing the Role Consent Plays in Sex Crime Charges

By San Diego Attorney on July 30, 2023

Consent is a crucial factor in sex crime cases, playing a significant role in determining the legality and potential liability of the parties involved. It is important for criminal defense lawyers to shed light on the complexities surrounding consent in sex crime charges. We will explore the concept of consent, its importance in sex crime cases, and the legal implications it carries.

Common Misconceptions About Domestic Violence Charges

By San Diego Attorney on July 10, 2023

Domestic violence is a serious legal matter. The justice system in California takes domestic violence cases very seriously and imposes heavy penalties for such offenses.

It is essential to fully understand this issue under the law and debunk the myths surrounding domestic violence. Being aware of common misconceptions will better prepare you in the event that you are accused of a domestic violence offense.

Do Misdemeanors Usually Show Up in Background Checks?

By San Diego Attorney on June 30, 2023

In California, a misdemeanor is more severe than an infraction but not as serious as a felony. If you were convicted of a misdemeanor, you may be curious about the lasting impact it could have on your life. As you move forward and apply for jobs, you may also have concerns about your misdemeanor conviction rearing its ugly head in a background check. The short answer is yes; a misdemeanor conviction would be revealed in a background check unless it was sealed or expunged. If you were only arrested and not convicted, however, it would be unlawful for a company or an employer to access information about your arrest.

Fixing Relationships After a Domestic Violence Incident

By San Diego Attorney on June 20, 2023

Domestic violence is a sensitive topic, and after an incident, it might seem impossible to keep the relationship intact. Both parties may want to heal and reconcile, but the road toward rebuilding trust is a long one paved with the need for change. If you are trying to repair your relationship after a domestic violence incident, it is not impossible, but it will take a lot of work and require honest effort.