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October 2013 Archives

Domestic Violence Charges can be Misdemeanor or Felony

Domestic violence (DV)charges depend on the extent of force used and the injury inflicted or threatened.  The officers arrive on scene, separate the persons involved in the domestic violence, investigate, take photos, question the individuals and any witnesses.  Based on their investigation, someone almost always is arrested and goes to jail.  This quiets the situation, separates the parties, and the reports are turned over to the District Attorney (D.A.) for review and filing charges.  If there are no serious injuries or violence involved, the aggressor is charged with a misdemeanor, usually California Penal Code 243(e)(1) misdemeanor spousal battery.

Are San Marcos DUI arrests by Campus Police legal?

DUI arrests by Cal State San Marcos University Police are legal, they usually make the stop and arrest within in the University area.  City Police, County Sheriffs, California State University police and CHP are all state peace officers and can make stops and arrests anywhere in the state.  However, University police have their primary jurisdiction around the University area, but are state peace officers and authorized to make arrests in anywhere California.

Is Burglary Different Than Theft ?

Burglary is different than theft.  Theft is either grand theft if over $ 950 in value or petty theft if under.  Grand theft is a felony but can be reduced to a misdemeanor, petty theft is always a misdemeanor unless there are prior theft offenses.  Burglary is the entry in to a building with the intent to commit any theft, grand or petty, or any other felony.  It is the "entry with intent" which is the crime and is always a felony but can be reduced to a misdemeanor at some point, as long as the building entered was a commercial building and not a residence.  It is considered 2nd degree.

DUI Suspended License Charges in Vista Courts

DUI suspended license charges in Vista Courts have significant penalties. There are three main suspended license offenses which vary with the reason for the suspension.  All of the charges require driving on a suspended license and notice to the driver of the suspension.  A license can be suspended for being a negligent operator, too many moving violations within a period of time triggering a suspension.  There can be a suspension for failure to appear on a traffic tickets, or an alcohol related DUI suspended license for for driving under the influence or over the legal limit of .08 blood alcohol (B.A.) level or .01 or more for minors or probationers.

What is "Resisting Arrest" in Vista Courts?

Resisting arrest generally is resisting, obstructing or delaying an officer in the performance of their duties.  It is explained more fully in California Penal Code 148(a)(1).   It can also apply to emergency medical technicians.  The penalty carries up to 1 year in county jail and $1000 fine, in addition to any restitution for any damages.  The conduct can be as simple as not complying with an officers instructions, or running away.  It can also be more serious where there is actual physical resisting which will trigger a much more aggressive response by law enforcement officers.

Is Vandalism under $400 in Carlsbad a Misdemeanor?

Vandalism in California under $400 is a misdemeanor and becomes a felony if the damage is $400 or more.  As a misdemeanor, it is punishable by up to 12 months county jail, $1000 fine and restitution for damages.  Additionally there can be a loss of driving privilege.  The punishment for a felony is up to a 3 year prison term, $10,000 fine and restitution.  See California Penal Code 594 for additional information concerning vandalism and potential penalties.  These penalties can increase depending on a prior record of similar conduct or damage over $10,000. 

Can I transport a concealable firearm in my vehicle?

You may transport a concealable firearm in your vehicle if you are not a person prohibited from owning or possessing a firearm.  It must be unloaded, no bullets or loaded magazine in the weapon and it must be in a locked gun case unless you have a "concealed weapon" permit that allows you to carry the weapon. The gun should be legal and registered.  If the gun is loaded or in an unlocked case, or not in a case it will be confiscated and you will be cited or arrested for illegal possession of a concealable firearm.

Is a DUI Restricted License Available for a First Offense?

A DUI restricted license for a first offense is available for drivers age 21 or more.  There are two suspensions that occurr with most "driving under the influence" cases.  There is one triggered by a conviction for either VC 23152(a) driving while affected, or VC 23152(b) driving with .08 B.A. or more.  The other is the DMV pink sheet suspension as a result of being .08 blood alcohol level or more regardless of Court proceedings.  The DUI restricted license is available in both cases in most situations.

What is DUI Critical Need Drivers License for Underage Drivers?

There is a DUI restricted drivers license available for underage 21 drivers, it is called a "critical need" license and the application is available on the California DMV website.  It cannot be submitted until after 30 days of suspension have been served.  The most common reason for the DUI criitical need license is for work and school, but there are other reasons enumerated on the critical need application like medical etc.  It requires the driver be insured, have the school and/or job sign off on it, and there is a lack of available public transportation.

Do Vista DUI cases require driving being observed?

Vista DUI cases, as well as DUI cases throughout California, do require driving but may not require the driving actually being observed.  There does have to be evidence beyond a reasonable doubt that the person charged with a driving under the influence or driving with .08 B.A. level or more actually drove while impaired or over .08 B.A.

Are DUI Breath Tests accurate in Carlsbad arrests?

A DUI breath test can be fairly accurate in Carlsbad arrests and all othe "drunk driving" arrests.  The official test is usually given at the police station or Vista Jail in North County.  The field breath machine is not as accurate.  The breathalyzer is maintatined and caliberated by the San Diego Crime Lab and these records are available to attorneys.  The Officer must be trained on the equipment and go through a checklist when administering a DUI breath test.

Most Shoplifting Cases are from Carlsbad and Escondido Malls

Most shoplifting charges in North County at the Vista Courts come from petty thefts from the two largest malls, Carlsbad Westfield Mall and Escondido North County Fair.  Shoplifting is the stealing of property $950 or less from a commercial outlet.  There are other stores like Walmart, Costco and Target which also have a lot of cases.  Usually store security does the initial stop after exiting the store and escorts the suspected individual to the office, takes a statement, tells them not to return and local police for the arrest/citation.

What are Vista DUI Negotiation Factors?

There are basically 5 Vista DUI negotiation factors cosidered in settlement conferences for "driving under the influence" cases in Vista Courts.  These factors are in additon to unique considerations which may vary from individual to individual like a person's background or other consequences of a conviction.  The five factors are: attitude with the officer, dangerousness of the driving, field sobriety tests, prior record and lastly the blood alcohol level which carries the most weight.

Is There DUI License Suspension for an Escondido DUI arrest?

There may be a DUI license suspension after an Escondido DUI arrest just like anywhere in California.  There are two types of suspensions possible after an arrest.  There is suspension triggered by a conviction for VC 23152(a) DUI or VC 23I52(b) .08 BA or more, which can be converted to a restricted license in most first offense cases if you are age 21 or older.  Underage drivers have to apply for a critical need license.  The most common suspension which needs immediate action is as a result of being .08 or more BA (blood alcohol level) or .01 BA or more if on probation or under 21 years old.

What are Oceanside DUI Absorbtion and Burnoff Rates?

DUI absorbtion and burnoff refer to the rates at which alcohol is absorbed into the blood after drinking and the rate it is burned off through metabolism.  These rates often play a part in negotiations and trial.  The "drunk driving" or "driving under the influence" laws make it illegal to drive while affected or .08 blood alcohol (BA) level or more even if it cannot be shown your are impaired.  It is your BA level at time of driving which is relevant.  That BA level is constantly changing, either going up or down based on a number of factors.  The absorption rates and burnoff rates are used to extrapolate BA levels at time of driving from time of test.

Assault with a Deadly Weapon charged in Oceanside Bar Fight

A person is charged with "assault with a deadly weapon" when one person during an argument at an Oceanside bar, punches the other in the face and breaks that person's jaw.  Police are called and the individual who through the punch is arrested and charged with "assault with a deadly weapon" also known as ADW.  The California Penal Code for "assault with a deadly weapon" is P.C. 245(a) (4) includes assault with force likely to produce great bodily injury even if no weapon is involved.  It carries up to 4 years in prison, $ 10,000 fine and can be a strike under the 3 strikes law if great bodily injury is alleged and personnally inflicted on another, or a weapon is alleged and personnaly used.

Carlsbad Stores can collect a Shoplifting Civil Penalty Fee

When someone is caught shoplifting from a store, they can also be charged a civil damages fee by the store between $ 50 and $ 500 plus costs and restitution for any damaged stolen property per California Penal Code 490.5(c).  This fee is in addition to any criminal case and criminal penalties.  Sometimes people think because they pay the store $ 325 per the demand letter from the retail outlet's attorney, they will not be prosecuted, but this is not true.  You are still prosecuted for the theft and additional fines, possible jail, probation, and stay away orders could be part of the sentencing.

Escondido DUI Arrest Hotspots

Escondido DUI arrest hotspots are places where there tend to be more driving under the influence arrests.  The places you think you would be more likely to be arrested in Escondido are in the vicinity of the Bars in Escondido, but also the    I-5 and I-15 freeways.  Escondido police do most of the arrests on city streets, while CHP do most of the freeway stops.  It seems most arrests are at night between 10:00 p.m. and 3:00 a.m. when people are leaving restaurants and bars close.

Encinitas DUI and Cardiff DUI Hotspots

Encinitas DUI and Cardiff DUI hotspots are places where there seems to be the most "drunk driving" arrests in those cities.  The Encinitas Sheriffs make most of the arrests in Encinitas and Cardiff as they patrol more of the city streets, however, the California Highway Patrol, based out of Oceanside, handle most of the I-5 freeway driving under the influence arrests and some of the Coast Highway stops.  The cases are heard at the Vista Courthouse.  Most DUI arrests are in the hours between 10:00 p.m. and 3:00 a.m. so it is no surprise that the bar areas in Encinitas along with Cardiff restaurant row are the DUI arrest hotspots.

What is Vista DUI Bail?

Vista DUI bail for a misdemeanor is $ 2500.00.  It is $ 100,000 for a felony DUI with injury.  Many cases have bail reduced at the first appearance if the facts and individual's ties to the community show they will appear.  An OR (own recogizance) release is release on your signature guarantee, no money and maybe available after arraignment.  The first appearance is within 3 business days of the arrest, but some people do not want to wait.  If you can post the cash bail, the money will be returned to you after the case is resolved.  It guarantees your appearance.  If you fail to appear, the bail is forfeited and a warrant for your arrest goes out for a much greater amount because the $2500.00 was not enough to guarantee your appearance.  The DUI bail can be reinstated and is not totally gone for good if you turn yourself in or are picked up within 6 months of the forfeiture.  Bail Bond companies are insurance companies that post a premium guaranteeing your appearance or they pay the amount of the bond if it is forfeited.

What happens with a Domestic Violence call in Escondido?

A domestic violence case in Escondido usually starts out with a 911 call to the Escondido police by a "victim" or witness. This triggers a fast response by the police because of the serious possible consequences that can stem from domestic violence.  There are a large percent of murders in San Diego County that involve domestic situations.  These calls are dangerous for those involved and for the responding officers.  Tempers and passions are heated, often times alcohol is involved.  The possibility that children are present can even add to the seriousness of the situation.

DUI Restricted Licenses for Vista DUI Cases are Available

There are DUI restricted licenses available for Vista DUI convictions or DMV findings of driving with a .08 blood alcohol level or more for persons 21 and older.  Theconviction or DMV finding triggers a 4 month license suspension on a first offense which may be converted to a one month suspension and a 5 month restriction after serving the a 30 day suspension.  This restriction allows the person to drive to and from, and in the course of their employment, and to and from any Court ordered programs.  To get the restriction, drivers have to be signed up for the DUI program, have an SR-22 insurance acknowlegement on file and go to the DMV to pay $ 125 reinstatement fee.  DMV will check to make sure the program and insurance info has been received before issuing DUI restricted licenses.

Is a Carlsbad Field DUI P.A.S. Breath Test Mandatory?

In most DUI cases, the officers will ask you to take a field breath test, also known as a P.A.S. test (preliminary alcohol screening).  The portable hand held test is mandatory if you are under 21 or on probation for a driving under the influence or wet reckless.  Refusal can result in a DMV administrative suspension for one year, even if you take the official chemical test at the jail or police station.  If you are 21 or over and not on DUI probation, then the P.A.S test is optional.

Record Clean Up By Reducing Drug Charges to Misdemeanors

Criminal record clean up may have a new tool available soon.  New legislation pending in Sacramento will help drug offenders clean up their records and allow them to reduce felony drug charges to misdemeanors.  Some  possession for personal use of drugs like heroin and cocaine have been non-reducible felony drug charges.  This meant they could never be reduced to a misdemeanor if you were convicted.  You could expunge them, but that does not do away with all the issues of a felony conviction, it is like a good behavior dismissal if you successfully completed probation.  You could not possess a firearm, and still had the stigma of a felony record.  If passed, record clean up for drugs like heroin and cocaine could include reduction to misdemeanors.

What is Misdemeanor Resisting Arrest in Oceanside, Ca.?

Misdemeanor resisting arrest in Oceanside, Ca. is defined by the California Penal Code (P.C.) section 148(a)(1).  It states that it is unlawful to willfilly resist, obstruct or delay a peace officer, public officer or emergency medical technician in the performance of their duties.  It is a misdemeanor and  punishable by up to 1 year county jail and $ 1000 fine.   Misdemeanor resisting arrest can elevate quickly to a felony if there is any use of force, threats, weapons or injuries to an officer.  There are a number of serious felonies that could be charged in those circumstances.

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