Criminal Defense

Are Citizen’s Arrests Legal in California?

By San Diego Attorney on October 4, 2021

A citizen’s arrest is an arrest made by a person who is not a police officer. A regular person can perform a lawful citizen’s arrest without being held liable in a civil case for interfering with another person’s interests in a way that may otherwise constitute assault, battery, or false imprisonment. Laws on citizen’s arrests vary from state to state. In California, it is legal to make a citizen’s arrest, but only under certain circumstances.

Understanding a Fentanyl Drug Charge

By San Diego Attorney on September 22, 2021

Fentanyl is classified as a controlled substance in California. You might be prosecuted for simple possession or possession with the intent to sell, depending on the amount of the substance in your possession.

Keep reading to learn about the charges and ramifications if you have obtained fentanyl without a prescription or have committed prescription fraud.

When Is a DUI with Injury a Felony?

By San Diego Attorney on September 15, 2021

A DUI with injury may be a felony when it causes harm, when it is your fourth offense DUI, or when the result is manslaughter. When a DUI is pursued as a felony charge, the stakes and repercussions can be severe, and life can become even more complicated.

Why Did the Police Only Arrest One Person in a Domestic Dispute?

By San Diego Attorney on September 8, 2021

When it comes to assessing the cause of a domestic violence incident, evidence is crucial. Therefore, despite both parties seemingly being involved in the dispute, evidence gathered can point toward the guilty party.

Will a DUI Charge Impact My Custody Rights?

By San Diego Attorney on August 19, 2021

Child custody can be one of the most contentious issues in a divorce or relationship breakup. In many cases, the court will make the decision regarding child custody. When custody is shared, and you have been arrested and charged with DUI, questions regarding parenting could be exploited by the lawyer representing the other parent.

How Does a Court Determine the Value of Stolen Goods?

By San Diego Attorney on August 11, 2021

The value of stolen goods will determine whether a charge will be filed as petty theft or grand theft. The value of the goods is a crucial point in the level of a theft charge. The value should reflect the “fair market value” of the item. If it is determined the value is above $950, grand theft charges will be filed. The value of the item is of critical importance to the accused person – if the allegedly stolen item is overvalued by the prosecutor, the accused could face an unfair legal situation.

Can I Get Probation for Domestic Violence?

By San Diego Attorney on August 4, 2021

Rather than incarceration, you may have probation as the penalty for a domestic violence offense.

The Sting: Understanding Entrapment and Prostitution

By San Diego Attorney on July 7, 2021

California has taken a mixed stance on prostitution over the years. While it is illegal in all contexts across the state, new laws have been enacted to protect prostitutes from prosecution in certain scenarios… but the state has also continued efforts to limit prostitution as much as possible. For “johns” and other sexual solicitors, there are still harsh penalties, and law enforcement has continued to utilize prostitution stings to catch and prosecute offenders.

Will an Old, Out-of-State DUI Affect My Current Charge?

By San Diego Attorney on June 30, 2021

Having to go through the process of fighting a DUI once can be draining, especially if your case ended in a license suspension and criminal penalties. Years later, you may think the charge is far behind and that you have paid your debt to society. But if you end up on the wrong side of the law again, that old DUI charge may come back to haunt you – even if it took place in another state.

Do Juveniles Have a Right to Self-Defense?

By San Diego Attorney on June 23, 2021

Self-defense is one of the first legal concepts the average person brings up when facing a potential assault and battery charge. While this is a useful defense, it only applies in a handful of scenarios and requires a skilled attorney to know how to use it. When a minor is arrested for inflicting physical violence on someone else, this defense may rely on a specific interpretation of the law.