In this article, you can discover… The possible penalties for shoplifting or retail theft in California. Early actions that can help strengthen your defense. Mistakes to avoid after being arrested for shoplifting, and how an attorney can help. What Penalties Can I Face After A Shoplifting Arrest Or Retail Theft Charge In California? In California, the penalty for stealing anything less than $1,000 in value has come down immensely. Such a theft would be classed as "petty theft” and is a misdemeanor. Anything over $1,000 is usually classed as “grand theft”. Penalties for a conviction could include up to 180 days in jail, restitution (having to pay back the value of what you stole to the store or stores), being permanently banned from the store where the theft occurred, community service, or one year of probation. In many cases, especially if this is your first conviction for theft, California courts will give you a diversion, allowing you to see charges…Read More
In this article, you can discover… The definition of “constructive possession” under California law. The types of evidence that prosecutors rely on to prove drug possession charges. Defenses that may apply after you are caught with drugs that are not your own. What Is “Constructive Possession” Under California Drug Possession Laws? “Constructive possession” applies when illegal items, such as drugs, are found in your vehicle, home, or apartment and are therefore assumed to belong to you. The drugs may not belong to you at all; they may belong to a friend who rode in the backseat of your vehicle last night. But because they were found in your car, the burden is now on you to prove those drugs were not yours. For example, I had a recent case where a client was renting a room in his home to someone, and this person had some weapons. They weren't storing these weapons in the rented room, however, but in a…Read More
In this article, you can discover… How courts define “probable cause” during a drug search in California. Mistakes that can damage your defense in a drug crimes case. How quickly to contact a criminal defense attorney after a drug search. What Is Probable Cause During A Drug Search, And How Do California Courts Determine It? In order to establish probable cause, the police need reasonable suspicion that a crime has been committed or is being committed, supported by articulable facts. In the context of a drug search, that might include observations of people coming and going from a home, people leaving a home with drugs on them, or a tip from an informant. Can Police Legally Search My Vehicle Without A Warrant During A Drug Investigation? Yes, police may search your vehicle without a warrant, so long as they have probable cause to do so. In rare cases, such as when your vehicle is impounded after a DUI stop, police…Read More
In this article, you can discover… Whether California officers need physical evidence to make a domestic violence arrest. The types of non-physical evidence that are often used to make an arrest. How a defense attorney can help you push back against domestic violence charges. Do California Police Officers Need Physical Evidence To Make A Domestic Violence Arrest? No, California officers do not need physical evidence of harm being done to arrest you for domestic violence. An alleged victim verbally claiming violence is enough to trigger an arrest. The police typically do this out of an abundance of caution. In other words, officers want to avoid a situation where they shrug off allegations, leave without making an arrest, and later have a victim face serious battery or even death. If someone claims that you’ve attacked or harmed them in a domestic context, that is enough for the police to arrest you. What Types Of Non-Physical Evidence Are Commonly Used In Domestic…Read More
In this article, you can discover… How a “wobble” offense is defined under California law. Who decides whether a “wobbler” is charged as a misdemeanor or a felony. How early legal representation can help impact your case. What Is A “Wobbler” Offense Under California Criminal Law? A “wobbler” offense is an offense that can be charged as either a felony or a misdemeanor, hence “wobbling” between two very different legal and prosecutorial outcomes. How Does A Wobbler Differ From A Straight Felony Charge? With wobbler felony offenses, it may be possible for your attorney to negotiate down to charges that are below a felony. For example, you may be able to plead “guilty” or “no contest” to criminal threats and, in exchange, face misdemeanor charges instead. This can mean the difference between two to five years of probation vs. only one year of probation. At that point, prison is taken off the table, as is formal probation. Who Decides Whether…Read More
In this article, you can discover… Whether surveillance footage can be a reliable source of evidence in theft cases. The penalties for being convicted of theft in California. If a criminal defense attorney can challenge the authenticity or accuracy of video footage. How Reliable Is Surveillance Footage In California Theft Cases? The reliability of surveillance footage as evidence depends on the quality and angle of that footage. Some footage, especially from Big Box stores like Target, can be especially clear and straightforward. The reliability of footage also depends on what it purports to show. If footage is of dubious origin, grainy, or doesn’t clearly show something relevant to the case, it may be possible to contest it. For example, if a police officer films a computer screen with their cellphone as the computer plays back surveillance footage, the quality of this footage may be quite poor, allowing me to have it thrown out as evidence. Are Plea Deals Or Reduced…Read More
In this article, you can discover… Whether legally prescribed medication can lead to a DUI charge. If field society tests are reliable for prescription medication impairment. How a DUI attorney can help challenge the evidence against you. Can I Get A DUI For Using Legally Prescribed Medication? Yes, you can get a DUI for being under the influence of legally prescribed medications. California prohibits people from driving under the influence of alcohol or drugs, and this includes lawful prescription drugs as well as illegal drugs— the law does not differentiate between the two for the purposes of a DUI. Essentially, if you can not operate a motor vehicle safely when on your prescription medication, a DUI is possible. You may argue that you didn’t know the medication would impact you that way. But if there is a warning label on your medication that says, “Do not drive or operate heavy machinery” or “May cause drowsiness”, the courts will typically see…Read More
In this article, you can discover… Whether your employer must be legally notified of your DUI arrest. Whether a DUI can impact your professional license in California. How an experienced attorney can help you navigate a DUI with care and skill. Am I Legally Required To Tell My Employer About A DUI Arrest In California? This depends on your employer. Some workplaces will require you to report a DUI arrest, while others will only require you to report a DUI conviction. Can Being Arrested For DUI Without A Conviction Still Lead To Job Loss? Possibly, though this depends on your employer and the specific industry you are in. For example, if you drive for a living, a DUI arrest could lead to a suspension or termination. However, each industry and sector is different, with some employers having no issues with a DUI arrest. How Does A DUI Arrest Affect Licensed Professionals Like Teachers, Nurses, Or Real Estate Agents? If you…Read More
In this article, you can discover… How to dress and prepare for a domestic violence court hearing. Whether the alleged victim will be present during your first court appearance. The next legal steps after your first court appearance, and how an attorney can help. How Should I Dress And Present Myself For A Domestic Violence Court Hearing? For a domestic violence court hearing, you should dress as if you were at a business meeting, at church, or at another important function. This can mean a suit, dress pants and a blouse, or any other type of neat, presentable clothing. Avoid wearing t-shirts, shorts, casual clothing, or anything that would possibly signal gang affiliation, especially if the latter is relevant to your case. Will My Alleged Victim Be Present During My First Domestic Violence Court Appearance? Your alleged victim is not likely to be present during your first court hearing unless there is an issue with the protective order. In some…Read More
In this article, you can discover… The possible immigration consequences of a misdemeanor vs. felony DUI. Whether a DUI arrest can threaten your green card status. How an attorney can help you navigate DUI charges as an immigrant. What Are The Immigration Consequences Of A Misdemeanor Versus A Felony DUI In California? The immigration consequences of a DUI for non-citizens in California appear to be changing quickly. In the past, misdemeanor DUIs did not have much of an impact on immigration status. Today, it is advised to keep any and all DUI convictions off your record as a non-citizen, including those of a misdemeanor DUI. A single felony DUI conviction, especially if someone was hurt or killed as a result of your impaired driving, can lead to your deportation. As a result, it is incredibly important to be sure that an experienced DUI defense lawyer handles your case, ideally allowing DUI charges to be dropped or reduced to a lesser…Read More
