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
Despite being one of the most common charges levied against Californians every day, too few drivers understand DUI laws or charges. This article aims to remedy that and help you understand how to behave and what to do to minimize your penalties or avoid a DUI charge altogether, including: What you should say (or not say) and what questions you have to answer when pulled over in California. Your rights and penalties concerning roadside standardized field sobriety tests and chemical tests. The penalties you risk for a DUI in California and how best to avoid them. How Is Driving Under The Influence Defined In California Law? Under California law, there are several elements to Driving Under the Influence (DUI). The term can be broken down into two components that the prosecution will have to prove: that you were driving and that you were under the influence. They must show both. If you were not driving, for example, if you were…Read More
While no one hopes to be arrested, it pays to be prepared for the eventuality. This article will help you understand your fundamental rights, options, and the procedures you will face when arrested for a crime in California, including: The most common charges you are likely to face in Southern California. When your Miranda rights come into play, and what to expect within the first 72 hours of arrest. How the bail bond system works and why you need an attorney as early as possible. What Are The Most Common Criminal Charges In Southern California? Crimes come in all flavors, sizes, and, most importantly, severities. However, while crimes range from petty theft misdemeanors to rare and brutal first-degree murder felonies, some charges are a lot more likely to be brought against everyday Californians. The most common crimes we tend to handle in our practice include DUI and domestic violence. DUI charges are especially common on LA roadways where a simple…Read More
