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San Diego Law Blog
Societal Biases and Misconceptions in Sex Crime Allegations
Just being accused of a sex crime can have devastating consequences for your life, work, and relationships. As society works to encourage victims of real sexual abuse to come forward, the ferocity with which it seeks to punish and ostracize those accused of any alleged abuse can be frightening. Anyone facing accusations of sexual crimes must battle not only the complicated legal process and potentially harsh punishments but also the emotions of fear, disgust, and moral outrage newly directed at them from former friends or associates.
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Racial Profiling: Police Bias in Traffic Stops
Most Americans believe racial profiling is a real, widespread issue. For others, it is an old problem with a new name. Racial profiling is defined by the American Civil Liberties Union (ACLU) as “the discriminatory practice by law enforcement officials of targeting individuals for suspicion of crime based on the individual’s race, ethnicity, religion or national origin.” If you are a member of a racial minority group, this form of discrimination can increase the risk of bias exhibited toward you during a traffic stop.
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If You Live with the Person Accusing You of Domestic Abuse
Being accused of domestic abuse can be a shocking wake-up call. Whether the accusation was unexpected or something you should have seen coming, its effects on your life, work, and family can be far-reaching and hard to erase. This situation can be even more difficult if you live with the person accusing you of domestic abuse.
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California Is Combatting Mandatory Minimum Drug Sentences
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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Alcohol Abuse and Using a DUI as a Wake-Up Call
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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The Consequences of Fleeing the Scene of a Traffic Stop
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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Constructive vs. Actual Possession in Drug Trafficking Cases
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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California Use of Force: Self-Defense and Stand Your Ground
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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Theft Crimes and the Fourth Amendment: Search and Seizure
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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The Sensitive Defense of Sexual Assault Accusations
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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- May 30, 2024
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The Legal Concept of ‘Intent’ in Theft Crime …