An aider and abetter in a criminal case is just as guilty as the principal who does the crime and is subject to the same criminal penalties as the principal. That means the getaway driver of the robbers is just as guilty as the robbers. Anyone who "before...
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Month: August 2014
What does “possession” in drug cases in Vista mean?
"Possession" in drug cases means in Vista and throughout California that you have control over the illegal drugs or the right to control it either personally or through another. You do not have to own the drugs, you do have to know they are there. Whether...
Is “driving” necessary for a DUI in Vista, California?
Driving is necessary to prove DUI in Vista and all of California, and is an element of the crime just like impairment or being .08 blood alcohol level or more. It must be found beyond a reasonable doubt that the person was in control of the vehicle and there was...
Are shoplifting and petty theft the same?
Shoplifting and petty theft can be the same. If the value of the stolen items is $950 or less and the items were taken were retail merchandise, then it may be treated the same. If the value is greater, than $950 it becomes a grand theft. If the value is less than...
What is “mental competency” in a criminal case?
Mental competency is defined in California Penal Code 1367(a) which generally states that if the defendant because of a "mental disorder or developmental disability" is unable to understand the nature of the criminal procedings or assist his/her attorney in their...
Will a DUI prior make any future DUI a second offense?
A DUI prior conviction stays on your record and can be used against you as a prior for 10 years from the date of offense. It will make another DUI within 10 years of the offense a second offense. To be a third or fourth DUI offense, all of the priors must...
What is a “terrorist threat” criminal charge in Vista Courts?
A "terrorist threat" charge in Vista Courts and throughout California, is an unequivocal immediate threat to kill someone or do great bodly injury to them made verbally, in writing or by elecronic communication which was intended to be a threat and is taken seriously...
Is a Medical Marijuana DUI in Vista Courts the same as any DUI?
A medical marijuana DUI is a DUI, it does not matter you have a medical authorization to use marijuana. It is the "driving while impaired" reagrdless whether it is a prescription drug, illegal drug, medical marijuana or alcohol. The issue is whether or not...
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