Possession Laws In California Being arrested for the possession of drugs in California can be a frightening and disconcerting experience. However, in order to properly defend yourself against these charges, it’s important that you understand the difference between the types of possession and how they can play an important role in your case. Actual Possession If you are found in actual possession of drugs, this means a law enforcement officer has found drugs on your person, such as in your pocket or in your hand. Constructive Possession Constructive possession is charged when drugs are found in a place that an individual had cause to know about, such as in a vehicle or at a home. However, this charge means that other people may also have had knowledge of the drugs. Defenses Against…Read More
Can You Challenge Breathalyzer Test Results In California? When a person is pulled over and the law enforcement officer suspects the person has been drinking, they will typically issue a breathalyzer test. If the results are over the legal limit of 0.08% BAC, the person is generally arrested. Contrary to popular belief, breathalyzer results don’t clinch a guilty verdict. Here’s how you can challenge the validity of the results and increase your chances of a case dismissal. Did The Officer Properly Service And Calibrate The Breathalyzer Equipment? Law enforcement has a variety of protocols required to ensure that each breathalyzer is properly calibrated and serviced. A log is usually kept of when the equipment was last serviced or calibrated. Your DUI attorney should obtain this information to determine whether or not the…Read More
California Assault & Battery: What You Need To Know Understanding assault and battery is sometimes difficult. Often, the crimes are charged together. Therefore, many people consider them to be a single crime. The truth is, you can be charged with assault and battery separately. However, battery typically isn’t charged without assault even though the reverse is not always true. Criminal Charges can often be complex but here’s what you need to understand about assault and battery and how you can protect your rights after being charged with this crime. What Is Assault? Assault is defined as the threat of bodily harm, even if no actual bodily harm occurs. However, the threat must be great enough that it’s considered reasonable for the victim to fear for his life or safety. What Is Battery? Battery…Read More
Facing Your Second DUI Offense? If you have been charged with driving under the influence of alcohol for the second time in California, you stand to incur some harsh penalties. Here’s what you need to know about second time DUI offenses and how to protect your rights under the law. When Is A Second Offense Charged? California has a “lookback” period of 10 years. If you are arrested for driving while intoxicated two times in 10 years, the second offense is charged as a second offense. However, if you are arrested for driving while intoxicated two times in 12 years, the second offense will be charged as a first offense. Once 10 years has passed, your record “resets” back to zero. Penalties For A Second Offense DUI In California Unlike a first offense DUI, a…Read More
Participating In A Field Sobriety Test If a police officer pulls you over and suspects that you have been drinking and driving, he will likely request that you perform a variety of roadside sobriety tests. These tests are commonly used in California to help an officer determine if a person is driving under the influence of alcohol or drugs. However, these tests are highly inaccurate and may work against you, even if you were driving sober. Do you have the right to decline them? What Are Roadside Sobriety Tests? A roadside sobriety test, also called a field sobriety test, is a simple test that can help identify individuals who have been drinking. There are three types of roadside sobriety tests commonly used in California, including: The Walk & Turn The driver is…Read More
Facing A First Time DUI? Getting arrested for drunk driving is a frightening experience. Knowing what you’re up against and how you can best protect your rights under California law is critical to defending yourself against DUI charges. Here’s what you need to know about penalties for first time DUI charges and what your next step should be. What Qualifies As A DUI In California? The burden of proof in a DUI case is always on the prosecution. The prosecutor must prove that you were A) driving a motor vehicle and B) you had a BAC greater than 0.08%. In some cases, a defense attorney may be able to argue that the defendant wasn’t driving, like if the defendant was in a parked car “sleeping it off” before driving. Penalties For A First…Read More
Petty Theft & Shoplifting Charges Defenses If you’ve been arrested and charged with petty theft or shoplifting, you need to act quickly in order to protect your rights and your reputation. This type of charge can result in serious penalties. If you’re convicted, you’ll have a criminal record for the remainder of your life. Here’s how you can defend yourself against charges of petty theft. Petty Theft In California Defined The primary definition of petty theft in California is simple: the taking of property that belongs to someone else that is valued at less than $950. However, there are some unique cases that may also lead to a charge of petty theft, such as embezzlement of less than $950 or “theft by trick,” like switching the price tags on a piece of…Read More
Were You Charged With A DUI? Being placed in handcuffs is no doubt a terrifying experience. Regardless of what condition you are in at the time of your arrest, fear is likely one of the emotions that you will deal with. What happens next? How do I get out of this? Am I going to lose my license? You will have so many questions and it can be hard to take a deep breath and figure out your next steps. It is vital that you have an experienced Los Angeles County DUI Attorney at your side to help you navigate the process. So what do you need to know? Let’s go over some details that you need to be aware of. What Constitutes A DUI Under California Law? You are innocent until…Read More
Yes, It’s Possible To Have An Inaccurate Breathalyzer Test Result There are a number of reasons why a breathalyzer test may come up positive thereby resulting in your arrest for a DUI Charge in Pasadena. Were you charged with drinking and driving? Here are some factors that may have contributed to a false positive in your test: Alcohol Concentration In Your Mouth Normally, in preparation for a breathalyzer test, law enforcement may ask you to take a moment, inhale and take a deep breath. You’ll then exhale before blowing into the breathalyzer machine. The reason for the latter is that the machine is said to measure the alcohol levels in your lungs. In theory, the lungs are thought to be able to correctly calculate the measure of alcohol in your body. Unfortunately,…Read More
California Arrest Warrants: What You Need To Know Finding out that there is a warrant out for arrest is an unnerving situation, but it is not one that you can afford to ignore or simply hope for the best. If there is a warrant out for your arrest, you should know that in California, the police are able to arrest you for committing a crime with or without having a warrant. If you are arrested without a warrant, there is a good chance that you allegedly committed a crime in the presence of an officer, such as a DUI. If an officer suspects that you committed a crime, that officer is eligible to go to a judge and ask for an arrest warrant to be issued. The first thing to do is…Read More
