Criminal Defense

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.

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.