Criminal Defense
Privacy Laws and Cell Phones as Evidence
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.
Understanding DUI Enhancements in California
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.
Ramifications of SB-710 on Parole, Wobblers, and DNA
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.
Rules for Marijuana Delivery Drivers During COVID-19
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.
Pursuing a Continuance in a California Court
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.
What You Need to Know About Bail Reform in California
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.
Is Petty Theft a Misdemeanor or Felony in California?
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.
How to Safely Transport Firearms in California
Moving can be stressful enough without having to worry about being arrested. While it is legal to own weapons on private property in California, when it comes to transporting them, specific rules apply under the law. You must understand how to safely transport firearms to avoid criminal charges.
What Happens After I Am Charged with a Crime?
Re-runs of Law & Order present a trimmed down and rushed idea of a courtroom. Each episode neatly divides it into investigation, arrest, and trial if there is enough time left, but the reality is much more complicated. If you have been charged with a crime, your criminal defense case will follow five key steps, each with their own procedures and timelines.
What Rights Do You Have When A Police Officer Pulls You Over?
If you are pulled over by the police, it is essential to know that you have certain rights. It is also critical that you respond in a way that does not escalate the situation. Remain calm, be polite, and let the officer do the talking, responding only as appropriate. Turn off your engine, roll down your window completely, turn on your internal light if it’s dark, and remain in the car until and unless the officer directs you to get out. Wait until the officer asks to see your license and registration before you begin rummaging around for them.
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