JD Law San Diego Law Blog - Part 2

San Diego Law Blog

Even Touching Your Ex Can Be Domestic Battery in CA

By San Diego Attorney on December 20, 2021

Domestic battery is a criminal offense in the domestic violence category. Under California law it is defined as battery committed against an intimate partner. This offense, which involves harmful or offensive touching, is always charged as a misdemeanor. Domestic battery is different from domestic violence, a crime in which some injury is caused to the victim. Domestic violence may be charged as either a misdemeanor or a felony, depending on the level of injury and the circumstances of the case.

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Posted in: Criminal Defense

How Military Jurisdiction Applies to a DUI Arrest

By San Diego Attorney on December 5, 2021

If you are in the military and charged with DUI, it could impact your life, both on and off base. A DUI conviction can have profound consequences for a service member. Punishment for this offense can involve an interaction between both the military and civilian justice systems.

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Posted in: DUI

Types of Non-Monetary Bribes That Lead to Arrests

By San Diego Attorney on November 11, 2021

Being accused of bribery comes with hefty consequences. While your first thought may be of your public reputation and business relationships, it can also come with costly fees and jail time. You may wonder where these accusations and charges came from, especially if you never exchanged money with anyone. An important element of this charge is that it does not just involve money, and non-monetary bribes can still lead to serious charges.

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Posted in: Criminal Defense

Time Served With SCRAM: What You Should Know

By San Diego Attorney on November 6, 2021

Being convicted of a DUI with another prior conviction on your record can drastically increase your penalties. While a first-time offender may be able to avoid jail time with the right defense, second and subsequent charges can elevate your punishment and lead to additional restrictions. If you have an alcohol-dependency, the court may require you to avoid alcohol while out on probation or during a pre-trial release. In California, this may mean wearing an ankle monitor specifically designed to detect alcohol.

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Posted in: DUI

When Medical Conditions Lead to DUIs

By San Diego Attorney on November 1, 2021

In order to be charged with a DUI, a police officer must have a reasonable suspicion of that to pull you over. They may claim you were speeding, weaving between lanes, or stepping on your brakes intermittently. However, not all of these actions are the result of alcohol or drug use. Even if you fail a field sobriety test, that does not always mean that you were intoxicated. In some cases, a medical condition can result in symptoms that mimic intoxication and lead to a false positive during a traffic stop.

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Posted in: DUI

Can a Misdemeanor Lead to a Strike?

By San Diego Attorney on October 22, 2021

Three strikes laws are designed to ensure certain types of offenders are penalized substantially more severely for repeat offenses. These laws require courts to sentence people convicted of three or more felony offenses to significantly longer sentences than they would otherwise receive.

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Posted in: Criminal Defense

San Diego County Medical Professionals May Now Screen for Signs of Domestic Violence

By San Diego Attorney on October 14, 2021

The District Attorney’s Office in San Diego County is providing medical personnel with tools for identifying domestic violence, particularly strangulation, as reported on CBS8. In October 2021, they released a set of guidelines for domestic violence screening and proper response when medical professionals see suspicious injuries. This is necessary because healthcare providers are often the first people to see domestic violence victims apart from their abusers.

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Posted in: Domestic Abuse

Are Citizen’s Arrests Legal in California?

By San Diego Attorney on October 4, 2021

A citizen’s arrest is an arrest made by a person who is not a police officer. A regular person can perform a lawful citizen’s arrest without being held liable in a civil case for interfering with another person’s interests in a way that may otherwise constitute assault, battery, or false imprisonment. Laws on citizen’s arrests vary from state to state. In California, it is legal to make a citizen’s arrest, but only under certain circumstances.

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Posted in: Criminal Defense

Understanding a Fentanyl Drug Charge

By San Diego Attorney on September 22, 2021

Fentanyl is classified as a controlled substance in California. You might be prosecuted for simple possession or possession with the intent to sell, depending on the amount of the substance in your possession.

Keep reading to learn about the charges and ramifications if you have obtained fentanyl without a prescription or have committed prescription fraud.

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Posted in: Drug Possession

When Is a DUI with Injury a Felony?

By San Diego Attorney on September 15, 2021

A DUI with injury may be a felony when it causes harm, when it is your fourth offense DUI, or when the result is manslaughter. When a DUI is pursued as a felony charge, the stakes and repercussions can be severe, and life can become even more complicated.

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Posted in: DUI

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