San Diego Criminal Defense Blog
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.
When people are convicted of crimes, they may think that serving jail time is their only option. But in many cases, Southern California judges opt for alternative sentences. An alternative sentence is one that does not include jail time but some other form of punishment to deter the individual from committing another crime in the future.
Immigration is one of the most hotly debated issues in the United States.
According to the federal government, in 2008 there were about 12 million undocumented immigrants living in the United States. About 75% came from Mexico. By the end of that year, California had about 3 million undocumented residents living in the state.
Don’t Waste Any Time!
Call us today for a FREE Consultation