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April 2015 Archives

What is PC 1001.80 veterans diversion?

California (Penal Code) PC 1001.80 veterans diversion is a new law which is a huge benefit to veterans and active duty military personnel charged with misdemeanors and who qualify.  This law allows a veteran or active duty defendant to participate in a diversion process without entering a plea of guilty or ever having a conviction for a misdemeanor if that veteran was suffering from a military related mental health issue per this code section, including but not limited to sexual trauma, traumatic brain injury, post traumatic stress disorder, substance abuse or other mental health issue. 

What happens with a petty theft?

A petty theft is any theft of $950 or less, it is often a shoplifting where merchandise of $950 or lesss is taken from a retail outlet.  Once you are cited by the officer for the misdemeanor California Penal Code (PC) 484, you are given an arraignment date.  The police reports and security reports, usually including video if avaialble, is forwarded to the District Attorney's (DA) Office for review and actual filing of the criminal complaint.  The purpose of this first date is to inform you formally what your actual charges are.  Many times they are the same charge or charges you were cited with on scene, but the DA could add, change or reject the charges depending on the evidence.  Charges are ususally filed by the Court date but must be filed within 1 year on a misdemeanor.

A DUI Refusal hurts you more than it helps

A DUI refusal hurts a client's case more than it helps in most cases.  When an individual is stopped or contacted and there is a reasonable suspicion that they are driving under the influence, they will be asked to take a blood or breath test for alcohol or drugs.  Refusal to take the official test can result in loss of license for at least a year or more by DMV depending on whether there are priors.  Even if a person refuses, the officers can get a telephonic warrant to draw blood against the defendants will, and there are times when a warrant may not even be necessary.  Then you end up with a blood result in addition to all the negatives of a DUI refusal by DMV and the Court.

After a DUI arrest in Vista, what needs to be done?

After a DUI arrest in Vista or anywhere in San Diego County, most people post bail and are released with a Court date on a misdemeanor DUI generally set about a month later.   Aditionally, most people arrested have their driver's license taken away and are served with a pink temporary license and notice of suspension for a blood alcohol level of .08 or more, .01 or more if on DUI probation or under 21 or for a refusal to take a the blood or breath test.

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