Criminal Defense

Can I Be Charged with Statutory Rape if it was Consensual?

By San Diego Attorney on September 11, 2013

In the state of California, you could be charged with statutory rape if you, as an adult, have engaged in sexual intercourse with a minor (i.e. someone under the age of 18). Since the age of consent is 18, the law states that a minor cannot legally agree to engage in sexual intercourse—regardless of whether or not they wanted to participate in the sex act at the time. While this scenario may not seem like it fits the definition of rape, which involves forcing another person to engage in sexual intercourse against their will, it is still against the law. Even if both parties have been involved in a long-term relationship, one could be charged with statutory rape if they have sex with their partner before they have reached the legal age of consent.

How Does the Three Strikes System Work in California?

By San Diego Attorney on August 22, 2013

California’s Three Strikes Law dictates that any individual who has two prior “serious” or “violent” felony convictions, or strikes, on their record will face between 25 years to life in prison upon his or her third serious felony conviction. He or she will also be ineligible to receive parole until the minimum sentence has been served. This particular law gets its title from the baseball phrase, “three strikes and you’re out” and was enacted in an effort to deter repeat offenders from committing additional violent felony offenses.

What Constitutes Stalking Under California Law?

By San Diego Attorney on August 15, 2013

Stalking is considered to be a serious criminal offense in the state of California. When one person repeatedly harasses or follows another person in an attempt to intentionally intimidate, frighten, scare or torment his or her intended target, he or she may be charged with stalking. Although in and of itself stalking is not a violent crime, stalking can leave its victims fearing for their lives or the lives of their loved ones. Individuals who use email, social media or other online methods to harass or threaten another person, may be considered to be cyberstalkers and in violation of state law.

What are the Penalties for Grand Theft and Petty Theft in California?

By San Diego Attorney on August 1, 2013

California Penal Code §487 classifies grand theft as the criminal act of illegally taking, stealing, embezzling, transporting or otherwise carrying the personal property, goods, money, and/or possessions belonging to another person and valued at more than $950. An employee’s or worker’s aggregate theft of at least $950 in currency, labor, real estate, vehicles, animals or other personal property from his or her employer, over a one year period, also qualifies as grand theft. There are certain circumstances, in which the illegal possession of certain objects or materials of a lesser value, could warrant a grand theft charge as well.

Posting Bail and How It Works

By San Diego Attorney on July 18, 2013

Perhaps the only thing that is as difficult as being arrested is watching someone you care about be arrested. Feelings of anxiety and helplessness are not uncommon experiences for family members and close friends of those suspected of committing a crime. However, you are not helpless, especially when it comes to bailing your loved one out of jail so that they can await their trial date from the safety of your home.

Am I Legally Required to Participate in a DUI Checkpoint?

By San Diego Attorney on June 26, 2013

DUI checkpoints or sobriety checkpoints are locations where law enforcement officers are stationed to check drivers for signs of intoxication or impairment. There are many jurisdictions that utilize DUI checkpoints as a part of their drunk driving deterrence program. Due to the fact that there are questions as to their constitutionality, not all states conduct sobriety checkpoints. Some states such as California and Nevada authorize their use, where other states such as Oregon, Washington and Texas do not use them. In Ingersoll v. Palmer (1987), the Supreme Court of California concluded that within certain limitations sobriety checkpoints are permissible under the state and federal Constitutions.

Field Sobriety Tests: Romberg Balance

By San Diego Attorney on June 21, 2012

A Drug Recognition Expert (DRE) will use four divided attention psychophysical tests to evaluate someone suspected of drug impairment. These tests are standardized in their administration, documentation, and interpretation. The next few blogs will examine each test in detail.

Field Sobriety Tests Administered by a DRE

By San Diego Attorney on June 19, 2012

A Drug Recognition Expert (DRE) will use four divided attention psychophysical tests to evaluate someone suspected of drug impairment. These tests are standardized in their administration, documentation, and interpretation. This is very important because it means it has to given exactly the same way each time: same instructions, always recording the subject’s performance in a prescribed manner; and looking for a specific set of cues to determine to what extent the subjects are impaired.

The next few blogs will examine each test in detail. The four tests are listed in the proper sequence:

DRE Checklist, Step 12: Toxicology Examination

By San Diego Attorney on June 4, 2012

A Drug Recognition Expert (DRE) must follow a checklist that breaks down into twelve components. The next few blogs will examine each step in detail.

Step 12: Toxicology Examination

It is the DRE’s job to obtain the specimen that will be sent to the laboratory for chemical analysis. He must follow proper procedure as well as the lab that will be doing the testing. They have to ensure proper handling, packaging, and delivery of the specimen. Failure to do this may result in the evidence being excluded from the case.

DRE Checklist, Step 11: Opinions of the Evaluator

By San Diego Attorney on May 31, 2012

A Drug Recognition Expert (DRE) must follow a checklist that breaks down into twelve components. The next few blogs will examine each step in detail.

Step 11: Opinions of the Evaluator

It is the DRE’s job to render an opinion of the subject right now, not to speculate about the condition at the time of arrest, unless the DRE witnessed the arrest. If the subject is impaired, then the DRE will create a written statement saying: