Criminal Defense

Arrested for DUI While Stationed at Camp Pendleton?

By San Diego Attorney on September 1, 2016

Generally speaking, military service members are subject to much greater scrutiny from society and have a much higher expectation to obey the law. In reality, members of the military are humans like everyone else and sometimes make mistakes. When the mistake is driving under the influence (DUI), however, the consequences can be severe. If you have been charged with a DUI-related crime while stationed at Marine Base Camp Pendleton in San Diego, it is urgent you retain the services of a hard-hitting military DUI attorney as soon as possible to protect your future and reputation.

Is DUI A Felony in CA? – Three Ways It Can Be

By San Diego Attorney on August 31, 2016

In the state of California, it is illegal to operate a motor vehicle with a blood-alcohol concentration of .08% or greater. If you violate this law, you could be charged with the crime of driving under the influence (DUI). While most DUI offenses will be charged as a misdemeanor,there are three different circumstances under which this crime could be elevated to a felony. These include:

Does Breastfeeding in Public Qualify as Indecent Exposure?

By San Diego Attorney on February 2, 2016

While society continues to debate over the social acceptability of public breastfeeding, California law has held a firm stance on the matter for nearly two decades. California Civil Code, Section 43.3 was established in 1997 and grants mothers the right to breastfeed her child in any private or public place in which she and the child are authorized to be. The National Conference on State Legislatures reports that forty-five states, the District of Columbia and the Virgin Islands have laws that specifically allow women to breastfeed in any public or private location.

What Qualifies James N. Dicks for Your Case?

By San Diego Attorney on January 22, 2016

When you are charged with a crime, a lot of questions likely rush through your head. What should your next step be? How do you find a lawyer that is qualified to handle your case? What questions should you ask potential defense attorneys before you hire one?

Facing criminal charges is no small matter—regardless of how serious or minor you may think your charges are. Finding the right defense attorney in San Diego to handle your case can seem overwhelming. James N. Dicks is here to make simple for you.

Can I Legally Refuse a Breathalyzer Test?

By San Diego Attorney on January 18, 2016

Getting pulled over by a police officer can be intimidating and scary—especially when they start to ask you whether or not you’ve had anything to drink. When you’ve been suspected of DUI, one of the pounding questions you will face is whether or not you can refuse a breathalyzer test.

In California, there is what is known as “implied consent”. What does this mean for you as a driver? If you signed your driver’s license and are legally able to drive a motor vehicle, you have already given consent to be subject to chemical or breath testing. But does this give police officers the blanket right to request a breath test from you? Let’s take a closer look at what it means to refuse.

Can the Police Search My Cell Phone After a Traffic Stop?

By San Diego Attorney on January 15, 2016

Your Rights After Being Pulled Over

At some point in your life, you will probably be pulled over in a traffic stop if you drive. Do you know what your rights are? After being pulled over for a traffic stop, it is crucial that you know your rights! You are protected from unlawful searches and seizures in such instances. If a police officer asks to see your phone, you need to be aware of your legal rights.

How Do Officers Determine “Marijuana DUI” in California?

By San Diego Attorney on December 22, 2015

As marijuana laws continue to change and develop in California, understanding what constitutes as Marijuana DUI can be difficult. How do police officers legally determine if a driving is under the influence of marijuana, let alone other drugs? While officers have more proven methods to determine alcohol impairment—standardized field sobriety tests, breathalyzers, blood tests, and a set BAC amount— determining impairment due to marijuana is not as defined.

What Should I Do if I’m Arrested for Soliciting a Prostitute?

By San Diego Attorney on December 16, 2015

Sex crime charges are some of the most serious offenses an individual can face. Having a sex crime conviction on your record can damage your reputation, ruin your career, and cost you your freedom. That is why it is so crucial that you work with a defense attorney to protect your future.

San Diego County Sheriff’s Department Hit with $20 Million Suit

By San Diego Attorney on October 19, 2015

As a business many on vacation at Harrah’s Southern California Resort Hotel, Joven J. never expected to endure the incident that he did on his stay. After getting into a disagreement with another guest at his hotel, the police were called. The San Diego County Sheriff’s deputies arrived on scene and decided to charge Joven with simple battery.

The deputies broke up the altercation, handcuffed Joven, and began to escort him down the hallway of the hotel. Unhappy about the incident, Joven made a rude comment to one of the deputies walking him. What happened next was extremely shocking.

California’s Prop 47 Brings Controversial Opinions to the Surface

By San Diego Attorney on October 15, 2015

Recent coverage of California’s Proposition 47 has left a confusing image in some people’s minds. An article in the Washington Post highlighted the life of one man who has been in and out of jail multiple times over the last few months, only to be released for misdemeanor offenses.

Under Prop 47, six low-level offenses were reduced to misdemeanors in California to help limit incarceration for minor crimes and reduce jail crowding. While the article attributes his in and out jail habits to the new change in policy, law enforcement individuals note that repeated drug offenders come in and out of the system is actually a common issue that has existed prior to any changes.