Criminal Defense

New California Law Requires Warrant for Cell Phone Searches

By San Diego Attorney on October 12, 2015

As technology continues to develop, the laws that monitor the use of this technology must also develop. Sadly, California has remained far behind in this area for the last several years. Laws on how and when officers can seize and search a “suspect’s” cell phone, computer, or other electronic devices were very vague and arguably unjust until last Thursday.

Governor Jerry Brown signed new legislation that will now require law enforcement officers to obtain a warrant before they can dig through a suspect’s text messages, emails, or other electronic information. Senate Bill 178 was pioneered by Senator Mark Leno and Senator Joel Anderson. The bill was heavily supported by a coalition of major tech companies and civil rights organizations and will help boost the rights and privacy of consumers in regards to their electronic information.

North County Jury Deliberates Over Wife’s Murder Retrial

By San Diego Attorney on October 8, 2015

On the morning of August 7 of 2012, an argument broke out between Julie H. and her husband, Jason. There in the couple’s master bedroom, Julie claims she feared so much for her safety that she accidentally shot her husband. Jason died from the fatal gunshot wounds.

Now, more than three years later Julie is facing her second trial—a retrial of the initial murder case. The retrial began on September 14, with the closing arguments taking place just this past Tuesday and Wednesday. But there are some conflicting stories and interesting pieces of evidence that the North County jury will have to wade through as they begin their deliberations.

Third DUI Offense Penalties

By San Diego Attorney on July 9, 2015

Being charged with a third DUI is a serious offense. After a 3^rd DUI, a judge tends to be harsher with the penalties imposed to the defendant. For this reason, it is crucial to retain a Criminal Defense Attorney from jD LAW.

In California, if convicted of a third DUI you can expect the following:

Drug Trafficking Charges in California

By San Diego Attorney on June 24, 2015

In California, as in other states throughout the nation, drug crimes are punished severely. Trafficking is no exception. This offense, though closely associated with other drug crimes, is often prosecuted on both state and federal levels. As a felony charge and a federal offense, trafficking is one of the most serious criminal charges you can face.

What Should I Do If I Have a Warrant?

By San Diego Attorney on May 28, 2015

Discovering that you have an active warrant can be terrifying, especially if you don’t know the reason for the warrant. Whatever the reason your warrant has been issued, it is important that you take action as soon as possible to clear your record, ideally with the help of a criminal defense lawyer. Doing so can protect you both now and in the future.

Wet Reckless Vs. DUI

By San Diego Attorney on April 3, 2015

“Wet reckless” is a reduced charge associated with DUI charges. It is defined as reckless driving involving alcohol. Typically, this type of charge is given for a more mild offense and is reached through a plea bargain. If your blood alcohol level was near the legal limit and you didn’t show severe impairment on field sobriety tests, your defense lawyer may be able to secure a plea bargain for this charge.

This type of offense is usually an option for first time offenders. However, if you get DUI charges in the future, it will count as a prior conviction.

Do I Have to Talk to the Police After My Arrest?

By San Diego Attorney on February 3, 2015

So you’ve been arrested-now what? After an arrest, you may be facing an overwhelming and intimidating situation. It is crucial to understand your rights and practice them to the fullest extent during this time. Police should read you your Miranda rights to you during an arrest, but it is helpful to be aware of them regardless, as they are not always required to go into detail.

Remember, you have the right to:

Avoiding DUI after the Super Bowl

By San Diego Attorney on January 29, 2015

Super Bowl Sunday is a day filled with potlucks, drinks, and of course, football. After all the festivities subside, many individuals don’t realize how much they have had to drink, unknowingly getting behind the wheel while impaired, putting themselves at risk for getting pulled over for DUI.

Super Bowl Sundays is known to be one of the most popular days for drinking, which means law enforcement will be on the prowl for DUI offenders, seeking to pull over any individuals who look even slightly suspicious. Make sure you read the tips below to keep your Super Bowl Sunday is full of fun festivities, not DUI charges.

Charged with Tax Evasion After Making an Honest Mistake?

By San Diego Attorney on February 10, 2014

Unfortunately, the federal justice system has little sympathy for those who have evaded their taxes. For this reason, even an honest mistake could land you in hot water. If you or someone you love has been charged with tax evasion after unintentionally reporting inaccurate information on your tax forms, you should not attempt to resolve the issue on your own. By turning your case over to a San Diego criminal defense lawyer at jD LAW, you can ensure that you will have the best possible chance at avoiding an unwarranted conviction. A single mistake could lead to five years in federal prison and a fine as high as $500,000, so you shouldn’t settle for anything less than the skilled representation that you will need.

What are the Legal Defenses to Perjury in California?

By San Diego Attorney on December 9, 2013

According to California Penal Code 118 PC, one could be charged with perjury if they have knowingly and deliberately provided false information while under oath. For example, you could be accused of perjury if you have supplied false information while testifying in court, answering questions during jury selection, filling out a loan application, filing your tax return, applying for a driver’s license, etc. In order to prove that you are guilty of perjury, however, the prosecution must be able to show that: