San Diego Criminal Defense Blog
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.
It seems that drug laws in California are changing all the time these days.
With recent laws, such as Proposition 47 passed in November 2014, the penalties for many drug crimes have been reduced or altered. Of course, any drug crime will have different penalties for different individuals depending on how many prior offenses they have, and the circumstances of the crime.
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