San Diego Criminal Defense Blog
The holiday season is upon us! For many, that means going out and enjoying all San Diego has to offer. But whether that means attending a friend’s house party or hitting up one of San Diego’s many microbreweries, there is a good chance that alcoholic beverages will be part of that fun. And what starts out as “just one drink” can quickly turn into several, or many bottles of wine shared between friends.
When that happens, it is important to remember not to get behind the wheel of a vehicle, even if you think you are okay to drive. Chances are, you are not—at least, not to the San Diego police’s satisfaction.
Being sent to juvenile hall has many consequences in California. The one most people worry about is the fact that the child now has a criminal record, and that record is not always sealed after he or she turns 18 or 21. But there is another consequence to being held in a juvenile facility: the family must often pay for the incarceration. This burden can be a real hardship for many families, and California banned new detention fees in 2009.
In Los Angeles County, the Probation Department went one step further by erasing past juvenile detention fees across the board in one sweeping motion.
Halloween is right around the corner. For children, that means trick-or-treating and lots of candy, but it often means something else for adults. This is the time of year for parties, and alcohol is a big part of those parties.
While having a few cocktails with friends in costume is a great way to celebrate the holiday, there are some things you should watch out for in San Diego. One of those is public intoxication. California has statutes pertaining to being drunk in public, and those convicted of this crime may face serious consequences.
In California, law enforcement can search a person, vehicle, home, or other personal property if it is believed the person committed a crime. However, the Fourth Amendment of the U.S. Constitution protects all American citizens from unlawful search and seizure.
So, when can law enforcement conduct a search? When is a search and seizure considered illegal? And what happens to the contents found when a search has been conducted illegally?
Deliberately setting fire to anything in California is a serious offense. Our hot and dry climate has lots of things ready to burn, and firefighters always seem to be battling wildfire season. As such, when a person sets a fire that gets out of control, whether in a structure, on land, or to property, he will face severe penalties.
Just about everyone has been in a heated situation. Tension can turn into arguments, yelling, or even become physical. So when does a simple fight turn into assault? And when does it become battery?
The United States continues to suffer from an opioid epidemic. In a related twist, selling or dealing prescription drugs is considered a very serious offense in most states. So what is the difference between possessing prescription drugs and dealing prescription drugs? What are the penalties for each under the California Penal Code, and how has Proposition 47 affected those penalties?
Burglary, robbery, and theft are terms that are often used interchangeably. However, California Penal Code separates burglary, robbery, and theft into individual crimes. Each has its own provisions and its own possible penalties. So what are the differences between these crimes?
When someone has been convicted of a crime, the judge will look at the number of punishments allowed under the law and assign one of them depending on the nature of the crime and the past criminal record of the defendant.
When a person is arrested for committing a crime, he may be charged with either a state crime or a federal crime. Who has jurisdiction over what crime has been called into question in recent years. More and more states are making certain drugs, such as recreational marijuana, legal, but it remains a federal crime.
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- November 16, 2018
Holiday Fun in San Diego (Hold the DUI)
- November 9, 2018
Los Angeles County Erases Juvenile Detention Fees
- October 28, 2018
Watch Out for Public Intoxication Charges This Halloween
- October 20, 2018
Legal vs. Illegal Search and Seizures in California
- September 19, 2018
The Basics of Arson Charges in California