Criminal Defense

How Substance Abuse Assessment Units Influence DUI Cases

By San Diego Attorney on April 18, 2021

In the most populated counties in California, district courts have several divisions to handle specific cases. These includes juvenile courts, drug courts, and alternative sentencing courts. These courts appoint special task forces to find alternative ways of dealing with criminal offenders — ways that do not include jail time.

For San Diego County residents who are arrested for DUIs, their cases may receive the attention of the Substance Abuse Assessment Unit.

Understanding Federal DUI Charges in San Diego

By San Diego Attorney on April 8, 2021

After being arrested for driving under the influence in San Diego County, most defendants’ cases are handled by the California DMV and local courts. So, how do you get on the wrong side of the United States Government when it comes to a simple DUI? Federal DUI charges come with harsher penalties, including longer jail sentences and heftier fines.

But these only apply to specific scenarios in our county. Let’s take a look.

How DADSS May Prevent Future DUIs

By San Diego Attorney on March 25, 2021

Car manufacturers and designers are constantly trying to create newer, safer vehicles. Automatic brakes, lane-departure warnings, rear-view cameras – all of these devices seem to have rolled out of sci-fi films over the past few years. One of the most advanced new features currently being tested may also drastically change DUI rates across the country – but only if it is accurately and effectively implemented.

What To Do If Your Car Is Impounded for a DUI

By San Diego Attorney on March 18, 2021

California’s harsh stance against drunk driving comes with a long list of penalties, ranging from administrative issues like license suspensions to criminal punishments like jail time and court fines.

If you were pulled over for suspected DUI, then arrested, you know how troubling that is. Every single punishment will impact your life, and you should talk to an attorney about how to move forward, but one of the most pressing issues for you might be your car. DUIs often lead to vehicle impoundments, and the process for getting your car back in San Diego is not always simple.

California’s Stance on Spanking

By San Diego Attorney on March 11, 2021

No one ever said raising a child was easy, and parents are often hounded with hundreds of parenting tips from friends, family, and the media. One of the many debates parents hear involves punishment, particularly spanking. From the legal standpoint, here are several sides to what a court will consider a parent’s right to discipline a child and when it crosses into abuse.

Can Fraud Be a Federal Crime?

By San Diego Attorney on February 28, 2021

Fraud is a rather complex crime that can arise from something as simple as a misunderstanding. But it should be taken seriously. If you are accused of fraud, it has the potential to end with hefty fines, years in jail, and a significant blow to your professional reputation and career. Also, compared to other theft crimes, fraud can result in federal prosecution.

Understanding San Diego’s Social Host Ordinance

By San Diego Attorney on February 20, 2021

Anyone who has hosted a party knows how difficult it is to wrangle guests together and keep things orderly, especially when alcohol is involved. It is very easy to become distracted and lose track of the situation. If you are hosting anyone under the age of 21, you face certain legal difficulties in San Diego. Our county has strict laws designed to combat underage drinking, including a Social Host Ordinance that allows district attorneys to prosecute party hosts for allowing underage drinking to occur on their watch.

How Marsy’s Law Impacts Victim Testimonies

By San Diego Attorney on January 30, 2021

The validity of a victim’s testimony and their willingness to testify in court can heavily influence the results of a criminal trial. In most cases, the prosecution cannot pursue charges against a defendant unless the alleged victim testifies. However, just because a victim is unavailable or refusing to testify does not mean you should breathe a sigh of relief. There are important scenarios where you can still be prosecuted for a crime even if the victim does not testify.

State and Federal Laws on Drug Trafficking

By San Diego Attorney on January 20, 2021

Given its location on the border of Mexico, California is considered a hotbed for drug trafficking, both into our state from Mexico and to neighboring states like Nevada and Arizona. Despite changes to our state’s laws regarding marijuana, it is still illegal for residents to travel to other states with marijuana, even if those states have also legalized it.

Alcohol in the Blood: Understanding BAC Levels in California

By San Diego Attorney on January 10, 2021

A person’s blood alcohol concentration (BAC) is one of the key elements used by district attorneys to convict them of driving under the influence (DUI) in the state of California. Generally, if a police officer suspects someone of driving while intoxicated, the officer can pull them over and request a breathalyzer test to measure the driver’s BAC. If the driver has a BAC level of 0.08% or higher, then the officer can arrest the driver for DUI. However, BAC tests are not foolproof, and there are several factors that can influence the test to show a positive result, even if you have not had any alcohol.