Most Recent Posts

Do I Have to Talk to the Police After My Arrest?

By San Diego Attorney on February 3, 2015

So you’ve been arrested-now what? After an arrest, you may be facing an overwhelming and intimidating situation. It is crucial to understand your rights and practice them to the fullest extent during this time. Police should read you your Miranda rights to you during an arrest, but it is helpful to be aware of them regardless, as they are not always required to go into detail.

Remember, you have the right to:

Avoiding DUI after the Super Bowl

By San Diego Attorney on January 29, 2015

Super Bowl Sunday is a day filled with potlucks, drinks, and of course, football. After all the festivities subside, many individuals don’t realize how much they have had to drink, unknowingly getting behind the wheel while impaired, putting themselves at risk for getting pulled over for DUI.

Super Bowl Sundays is known to be one of the most popular days for drinking, which means law enforcement will be on the prowl for DUI offenders, seeking to pull over any individuals who look even slightly suspicious. Make sure you read the tips below to keep your Super Bowl Sunday is full of fun festivities, not DUI charges.

Charged with Tax Evasion After Making an Honest Mistake?

By San Diego Attorney on February 10, 2014

Unfortunately, the federal justice system has little sympathy for those who have evaded their taxes. For this reason, even an honest mistake could land you in hot water. If you or someone you love has been charged with tax evasion after unintentionally reporting inaccurate information on your tax forms, you should not attempt to resolve the issue on your own. By turning your case over to a San Diego criminal defense lawyer at jD LAW, you can ensure that you will have the best possible chance at avoiding an unwarranted conviction. A single mistake could lead to five years in federal prison and a fine as high as $500,000, so you shouldn’t settle for anything less than the skilled representation that you will need.

What are the Legal Defenses to Perjury in California?

By San Diego Attorney on December 9, 2013

According to California Penal Code 118 PC, one could be charged with perjury if they have knowingly and deliberately provided false information while under oath. For example, you could be accused of perjury if you have supplied false information while testifying in court, answering questions during jury selection, filling out a loan application, filing your tax return, applying for a driver’s license, etc. In order to prove that you are guilty of perjury, however, the prosecution must be able to show that:

What Happens If I Fail to Register as a Sex Offender?

By San Diego Attorney on November 5, 2013

If you have been convicted of a sex crime in the state of California, there is a good possibility that you will be required to register as a sex offender once you have served your time. As if spending time behind bars isn’t bad enough, California Penal Code §290 requires you to provide the local authorities with your personal information and details about your case—which, unfortunately, may be a lifetime commitment. To make matters worse, you could face additional charges for failing to register within 5 days of your release from jail or prison. Fortunately, the San Diego criminal defense attorney at our firm can provide you with an aggressive defense if you have been accused of committing such a violation.

The Penalties for Resisting Arrest in California

By San Diego Attorney on October 28, 2013

In the state of California, you could be charged with a crime if you have knowingly resisted, delayed or obstructed a law enforcement officer or emergency medical technician while they were performing, or attempting to perform, their duties. While this offense is commonly referred to as “resisting arrest,” California Penal Code 148(a)(1) PC describes this crime as Resisting, Delaying, or Obstructing an Officer. This means that you could be charged with a crime under a number of different circumstances – not just in situations where you have resisted or evaded arrest. For example, you could be charged with this crime if you have:

Overview of California’s Marijuana Possession Laws

By San Diego Attorney on October 23, 2013

As you may know, attitudes about the medicinal and recreational use of marijuana are changing throughout the United States. While a number of states have recognized the medicinal benefits of cannabis, most still uphold strict laws against the possession and/or use of this drug. Fortunately for California residents, the penalties for marijuana possession in this state are not quite as severe as those imposed in other parts of the country. Even so, you should not take these charges lightly. Depending on the type and amount of marijuana that is discovered in your possession, you could either be slapped with an infraction or charged with a serious criminal offense. This will be decided as follows:

How Does an Ignition Interlock Device (IID) Work?

By San Diego Attorney on September 13, 2013

If you have been convicted of driving under the influence (DUI) in the state of California, you may soon be asked to install an ignition interlock device in your vehicle. This device, which is roughly the size of a cell phone, will be attached to your dashboard and wired to your ignition. Once the mechanism has been activated, you will not be able to start your engine until a breath sample has been submitted—the purpose of which is to keep you from driving while under the influence of alcohol. If your calculated blood-alcohol concentration (BAC) is greater than the pre-programmed amount, your car will not start. The device will also record a violation. To ensure that it is, in fact, you who is breathing into the device, it will also ask you to submit additional breath samples at random intervals.

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.