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San Diego Criminal Defense Law Blog

Does "Battery" require injury?

Simple Misdemeanor Battery per California Penal Code 242 does not require injury.  Any rude or angry touching of another can be a battery even without injury.  The law protects individuals from any willful touching in a harmful or offensive manner, and which is not in done self defense.  Simple Assault per PC 240 requires someone to have the present ability to apply force and willfully act, not in self defense, in a way that a reasonable person would believe the probable result would be a battery.  Assault is more of a threatening and actual touching is not required for PC 240.

Drunk Driving Defense in Vista Courts and the DMV

Drunk Driving defense in Vista Courts and throughout California usually involve two different proceedings.  There is the DMV administrative suspension proceeding against in invidual's drivers license and the Criminal Court case.  Many people overlook the DMV administrative suspension proceedings and don't realize that the pink sheet notice of suspension and temporary license is separate from the arrest and criminal court proceedings.

DUI Arrests seem to Increase Super Bowl Weekend

DUI arrests seem to increase on Super Bowl weekend, so beware.  Uber, Lyft, Taxi or have a designated driver for the festivities to avoid a DUI that could result in your arrest or an accident that could change your life and the lives of others.  Having done DUI and Criminal Defense for years, Super Bowl Weekend always seems to result in an increase in arrests for DUI.

Shoplifting and Petty Theft in Oceanside Is Serious

Shoplifting and petty theft in Oceanside and throughout California can be serious. They are misdemeanors if the value of the property stolen is $950 or less. Shoplifting is a petty theft if property is stolen from a commercial outlet. While the penalties carry up to 6 months custody and $1000 fine with additional assessments, few first offense cases result in actual Jail time other than a book and release. There could be probation, theft programs, fines, resitution if any loss and Cal Trans Public Work. The greatest consequence in these cases is how it may affect your future, jobs, vocational licenses and training, educational opportunities immigration, security clearances and future employment opportunities that would be denied as a result of a theft conviction.

Marijuana DUI Cases are Expected to Increase in North County

Marijuana DUI cases are expected to increase in North County based on the legalization of recreational Marijuana for sale as of January 2018. Law enforcement in Oceanside, Carlsbad, Vista and throughout north county is gearing up for the challenge of prosecuting the projected increase in Drug DUI cases as a result of this. More officers are being trained as Drug Recognition Experts (DRE) to recognize impairment in drivers other than or in addition to alcohol.

DUI Plea Bargains in Vista Courts

DUI plea bargains in Vista Courts vary depending on a number of factors. Plea bargains can involve possible lesser or different charges, striking allegations, lessening penalties, military diversion and in rare cases dismissal. The strength of the case, the facts, blood alcohol or drug level, field sobreity tests, attitude with law enforcement, dangerousness of the driving, prior record and other information concerning the driver. Driver information can be important especially where it would tend to support a better disposition, like military service, effect conviction will have on vocational licenses, immigration, achievements, future goals.

What is a DUI Checkpoint?

A DUI checkpoint is a mobile roadblock where law enforcement officers briefly stop traffic, briefly interview drivers and suspected DUI drivers are further detained for further sobriety testing in order to try to keep impaired drivers off the road.  The sobreity checkpoints have been ruled legal because the danger posed by DUI drivers outweighs the minimal intrusion of briefly stopping traffic without probable cause.  There are still a number of regulations which must be followed to have a "legal sobriety checkpoint".  

What Are the DUI Tests and is a Warrant Required in Oceanside?

Field Sobriety Tests: No Warrant

Police officers test for impairment in driving under the influence cases with a number of different tests. These include physical field sobriety tests - testing for horizontal gaze nystagmus, walk a straight line, heel to toe, stand on one leg, touch your nose, finger count, counting backwards, alphabet, 30-second time estimate, and hand pat. Field sobriety tests often involve several of these observational tests. The "suspect" is judged on appearance, following instructions and test performance.

Trump Declares Public Health Emergency on Opioids: 'As Americans, We Cannot Allow This to Continue'

In August, we wrote about President Trump's promise to declare a national emergency to combat the opioid crisis. And we wondered whether we'd attack the opioids or the people, in the "war on drugs" sense: Will the government lock people away for drug use or will it go after the root causes of opioid addiction and deaths from overdose?

Ultimately, we concluded that the people would be hard to demonize, at risk of alienating Trump's political base, citing West Virginia's opioid crisis as an example.

This prediction is starting to bear out.

New Ban-the-Box Legislation Could Improve the Job Prospects of Hundreds of Thousands of Californians

"Studies show that when a person checks the box on an initial application, their likelihood of a callback drops..." - Beth Avery

70 million sounds like a big number, and it is.

That's the number of people who have been convicted of a crime in America, be it a misdemeanor or a felony, according to a report by NPR. And of those 70 million people, many of them (if not a substantial majority) presumably face the challenge of finding gainful post-conviction employment.

Ticking the box on a job application asking whether you've ever been convicted of a crime all but guarantees that you won't get the job - or, at least, guarantees slimmer chances.