California PC 1170.18 (aka Prop 47) became law this November 2014 and has had a huge effect on the criminal justice system. This law makes many theft and drug charges misdemeanors that have been felonies in the past. It is also retroactive which means...
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Attorneys William R. Christoph & Nicholas W. Christoph
North San Diego County DUI Defense Blog
Are there Criminal “Lobster Laws”?
There are lobster laws pertaining to the taking of lobster from California waters which make violations criminal and usually enforced by Fish and Game Officers. These laws are designed to maintain a healthy marine environment and protect local lobster...
What is “Burglary”?
Burglary is entering a building with the intent to steal or commit a felony inside. Many people falsely believe it pertains to just committing a theft, but it applies to all thefts and felonies and targets the "specific intent in the entering of the...
Does an Expungement really clean up my criminal record?
An Expungement per California Penal Code (PC) 1203.4 really does clean up your record. It allows you to withdraw your guilty plea and dismiss your case and the record will indicate case dismissed per PC 1203.4. It also cannot be considered in most instances, if it...
Can I be arrested for DUI after I am out of the car?
You can be arrested for DUI even after you are parked and out of the car. It still has to be proven that you drove, however, that can be done in several ways. The officers could have seen you drive, there may be a citizen call identifying the car and/or...
Is there a DUI license Suspension besides the Criminal Action?
There is a DUI license suspension action in addition to any suspension resulting from a conviction if there is alcohol involved in most cases if you are .08 Blood Alcohol level or greater or .01 or greater if under 21 or on DUI probation. If you are arrested for...
What do DUI Jury Instructions say about driving and impairment?
DUI jury instructions define for the jury the specific issues they have to decide beyond a reasonable doubt in order to convict someone. There are often a number of instructions read to the Jury at the conclusion of the case depending on the evidence presented,...
When is a felony reduction to a misdemeanor available?
A felony reduction to a misdemeanor is possible for most felonies. California Penal Code (PC) 17(b) outlines when a felony reduction to a misdemanor is possible. A felony is any charge that is punishable by imprisonment in state prison or county jail under...
What can a Criminal Defense Lawyer do if I’m guilty?
A Criminal Defense Lawyer can do a lot, even if you are guilty. Just because you think you may be guilty of the charges, a criminal defense lawyer can review the case and defenses to see whether or not you can be proved guilty beyond a reasonable doubt. Even if you...
Traffic ticket Courtesy Notices are not required
Traffic ticket cases "Courtesy Notices" mailed to you after you have been cited are not required. When you get a ticket or citation, you sign a receipt for the ticket which is given to you and you promise to appear at the date time and place indicated...
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