San Diego Law Blog

California Is Combatting Mandatory Minimum Drug Sentences

By San Diego Attorney on February 5, 2024

Hands holding the bars of a jail cell.

A core tenet of the U.S. justice system is the concept that “the punishment should fit the crime.” When this is violated, we see what we commonly call “injustice.” The 8th Amendment of the U.S. Constitution followed the spirit of this principle when it established the need to abolish any “cruel and unusual punishments.” As the public struggle to achieve equitable justice continues, California is taking steps to combat mandatory minimum drug sentences. These reforms also take into consideration the creation of a safer society; justice must consider the rehabilitation of the alleged criminal if recidivism is ever to end.

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Posted in: Drug Possession

Alcohol Abuse and Using a DUI as a Wake-Up Call

By San Diego Attorney on February 1, 2024

A shadowy image of alcoholic drinks being poured.

DUI cases are unfortunately common in California. Between 125,000 to 200,000 California residents are arrested yearly on DUI charges, according to the DMV. At jD Law Criminal Defense Attorneys, we know people charged with a DUI are likely to be experiencing a range of emotions, from shock and regret to anger and confusion about how this could have happened. While some difficult times are ahead, this could be an opportunity for positive change.

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Posted in: DUI

The Consequences of Fleeing the Scene of a Traffic Stop

By San Diego Attorney on January 25, 2024

A car pulled to the side with a cop car behind it.

Traffic stops are pivotal moments with legal implications that extend beyond the roadside encounter. Understanding the dynamics of traffic stops, your rights, and the potential consequence of fleeing is crucial for any driver. If facing fleeing charges, seeking legal representation is crucial. A San Diego traffic stop defense lawyer can ensure a comprehensive and strategic approach to address the complexities of your case.

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Posted in: Traffic Stops

Constructive vs. Actual Possession in Drug Trafficking Cases

By San Diego Attorney on January 15, 2024

Handcuffed hands holding a small clear bag of pills

In drug trafficking cases, grasping the nuances of possession, such as actual and constructive possession, is pivotal. It delineates the legal distinctions between physical control (actual possession) and the power to control (constructive possession). This understanding is crucial for presenting evidence effectively, navigating challenges like suppression of evidence, and strategically addressing factors influencing possession cases. Whether prosecuting or defending, awareness of these nuances is indispensable for building a compelling and successful legal strategy in drug trafficking cases.

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Posted in: Illegal Trafficking

California Use of Force: Self-Defense and Stand Your Ground

By San Diego Attorney on January 5, 2024

A hand blocking a punch in front of a grey background.

California law provides individuals with the right to use force in self-defense under specific circumstances. While self-defense laws in California provide a legal foundation for the justifiable use of force, veering outside these boundaries can lead to serious criminal charges with significant consequences. If you were in a situation where self-defense was necessary, an experienced San Diego criminal defense lawyer can assess the elements of self-defense related to your case and ensure your rights stay protected during legal proceedings.

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Posted in: Violent Crimes

Theft Crimes and the Fourth Amendment: Search and Seizure

By San Diego Attorney on December 29, 2023

The legal landscape surrounding theft crimes is intricate, especially when considering the constitutional implications outlined in the Fourth Amendment. The Fourth Amendment of the United States Constitution protects individuals from unreasonable searches and seizures by law enforcement. In the context of theft crimes, the Fourth Amendment becomes relevant in situations where law enforcement seeks to search a person’s property, such as their home or vehicle, for evidence related to the alleged theft. As criminal defense lawyers, we want to further explain how this fundamental right plays a crucial role in theft cases.

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Posted in: Theft Crimes

The Sensitive Defense of Sexual Assault Accusations

By San Diego Attorney on December 14, 2023

Sexual assault accusations demand a delicate and careful approach due to the gravity of the allegations and the profound impact they can have on both the accuser and the accused. It is important to uphold justice while remaining aware of the large effect sexual assault cases can have on individuals’ lives. This is why it is imperative to employ a sensitive defense against sexual assault accusations.

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Posted in: Sex Crimes

The Science of Breathalyzers: Limitations and How They Work

By San Diego Attorney on December 4, 2023

California has strict DUI laws to prevent people from driving while intoxicated. Drivers face harsh penalties when convicted of a DUI that may include a revoked or suspended license, heavy fines, and jail time.

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Posted in: DUI

Contesting or Modifying Domestic Violence Restraining Orders

By San Diego Attorney on November 27, 2023

A DVRO is a court order that has a significant and far-reaching impact on your life. It may limit your physical freedom, damage your career, and cause several types of negative consequences. DVROs that restrict parental visitation can be very harmful to children.

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Posted in: Domestic Abuse

Alternative Sentencing Options for Drug-Related Offenses

By San Diego Attorney on November 13, 2023

There are a lot of effective ways to protect society and prevent crime without sending people to jail. When someone has a substance abuse problem, they need help, not punishment. That’s why the state of California offers alternative sentencing options that provide sensible solutions to benefit everyone.

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Posted in: Drug Possession

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