A felon in possession of a firearm or ammunition is a serious crime in Vista and throughout California. A felon is anyone who has ever been convicted of a felony that was not reduced to a misemeanor, even if it was expunged as a felony. Possession does not mean ownership but simply control or right to control the firearm personally or through another, even if the firearm does not work.
Misdemeanor DUI charges must be filed by the prosecutor within 1 year of the arrest in Vista Courts as well as all Courts in California. This is the statute of limitations which prevents misdemeanors from being filed after 1 year. After you are arrested, you are given a Court date when released from Jail. This date is usually within 30 days, but if the case is not filed by your Court date, it can still be filed and you notified within the year deadline. These cases are handled in Vista if they if they occurred in North San Diego County, and are a misdemeanor "Driving under the Influence" if no one else was injured, there is no felony DUI prior within 10 years and this latest case is not a fourth offense within 10 years.
An Officer may require you take a DUI blood test instead of a breath test. You have to take a blood test if the officer reasonably suspects drugs in your system, you request a blood test, the official breathlyzer is not working properly or available, also if you refuse any test and the officer gets a warrant for a forced blood draw or there are exigent circumstances where a forced draw is done without a warrant. The officer can always ask you to take a blood test in addition to a breath test, and if the breath test you took when pulled over was a P.A.S. field breath test, then you still have to take an official breath or blood test as required to avoid a seperate license suspension for a "Refusal"
DUI cases for people under 21 years of age and with a low blood alcohol (B.A.) require more information to realistically evaluate the case. Generally, lesser charges are for cases where there are facts which justify a reduction because there are legal or factual issues and or significant mitigating factors. For instance, the blood alcohol level at .09 is relatively low, but it depends on when the test was taken, statements to the officer, witnesses or admissions to the driving, prior record, field sobriety tests, attitude with the officer, and dangerousness of the driving. The fact someone was under 21 is an aggravating factor as well as an accident.
A DUI with a "hit and run" charge in Vista is serious. There are a number of issues to be addressed that depend on the evidence against you for each charge. The DUI requires proof beyond a reasonable doubt that at the time you were driving you were under the influence of alcohol and/or a drug , or .08 blood alcohol level or more. Drinking after driving can be a defense because it becomes impossible to show what your blood alcohol level was at the time of driving. However, if you were stopped while driving and over a .08 or under the influence, it does not matter whether you drank after the hit and run. Any DUI within 10 years of a prior, offense date to offense date, is a second offense for purposes of sentencing and carries significantly greater penalties than a first offense.
You can be arrested for DUI while sleeping in your car on the shoulder of the road. A law enforcement officer usually will do a "welfare" check on people pulled over on the shoulder to see if they need help or are having any problems. If you pull over because you feel intoxicated and unsafe to drive, it is the safe thing to do but you still may be arrested. An officer, if he smells alcohol when he contacts you will run you through the DUI field sobriety tests and field breath test. Based on his observations, your responses, and field sobriety tests, he may arrest you for DUI if he feels you were under the influence when you were driving and pulled over.
Shoplifting, also known as petty theft from a retail outlet, is a crime of moral turpitude and can have serious and long lasting effects on someone's future. A theft crime can potentially cause the loss of occupational licenses like nursing, contractors, teaching, real estate sales etc. While the first offense may be a misdemeanor, if convicted it usually requires a booking and release from jail, probation, fines, potential additional custody or public work and even a theft class.
Domestic violence cases in Vista, Oceanside, Carlsbad and throughout North County tend to increase during the holiday season. There are many possible factors relating to this increase. Alcohol use is often present in these situations and consumption of spirits always increases significantly during the holiday season. There is also the added stress of faimily gatherings. Many times a husband or wife simply calls the police to talk to their significant other, not realizing the nearly every time police are called to a "DV" (domestic violence) scene, someone is going to jail.
An expungement does help and can definitely make a difference in your future. The expungement per California Penal Code 1203.4 and 1203.4(a) allows you to withdraw your guilty plea or set aside your conviction, enter a not guilty and have the case dismissed for most purposes. The new laws taking effect in 2014 add even more strength to its value. Those laws make it illegal for employers, other than certain governmental exceptions, to ask about, deny employment or inquire as to a prior record if it has been expunged. You are relieved from most of the disabilities of the conviction.