California law classifies prescription medications as “controlled substances” that are subject to the same laws as illegal drugs like heroin and cocaine. Illegal Possession of Prescription Drugs in California California Health and Safety Code Section 11350 makes it a crime to possess a prescription drug with no valid prescription, to possess more of the drug …
Proposition 64, the Adult Use of Marijuana Act, legalized recreational marijuana use in California. And Prop 64 applies retroactively. This means that many people convicted of–or charged with–violating California’s marijuana laws as they existed prior to Prop 64 will have the right to have the charges dismissed, or their sentences reduced, or their convictions dismissed. Proposition …
On November 8, California voters passed Proposition 57 (Parole for Non-Violent Criminals and Juvenile Court Trial Requirements). In a nutshell, Prop 57 increases the chances of parole for California inmates serving California state prison sentences for nonviolent felonies. The new law does this in two ways: By providing that nonviolent felons who have completed the sentence for their primary …
This is a scenario our California drug crimes defense attorneys see frequently: A defendant is arrested with a substantial quantity of methamphetamine (or another drug) and charged with, for example, Health and Safety Code 11378 HS possession of methamphetamines for sale. Possession of meth (or other drugs) for sale is a California felony. If you …
The prescription drug abuse epidemic in America is attracting increasing attention from both the media and law enforcement. Increasingly, the people facing criminal charges related to prescription drug abuse are not just the individuals who are addicted to drugs like hydrocodone (Vicodin) or codeine. Doctors, pharmacists, nurses and other medical professionals are finding themselves under …
The back-up of rate kit processing has been much in the news of late. But what exactly is a rape kit? A rape kit – more properly known as a sexual assault evidence kit (SAEK) or sexual assault kit (SAK)– is a container that includes materials and instructions for collecting possible DNA specimens during a …
California lawmakers just passed a law that eliminates the “statute of limitations”–the time limit–for filing sexual assault charges in California. The law, known as SB 813 or the “Justice for Victims Act,” was inspired by the recent wave of allegations that the actor Bill Cosby sexually assaulted multiple women decades ago. Most of these allegations could not …
Earlier this year, a California rape case attracted nationwide attention. A Stanford University athlete, Brock Turner, was convicted of sexually assaulting an intoxicated unconscious woman–and sentenced to probation with only six months in jail. Advocates for sexual assault victims were enraged by the light sentence given to a privileged defendant. Public outrage over the Brock …
Under the Fifth Amendment to the U.S. Constitution, all criminal defendants–including those charged with driving under the influence (DUI)–have the “right to remain silent” when questioned by police. This right to remain silent applies whether you: Have been pulled over for DUI, Are being investigated for DUI (e,g., through field sobriety tests), or Have been …
Police don’t actually need “probable cause” to pull you over for California DUI. But they do need “reasonable suspicion”–which in practice is hard to distinguish from “probable cause.” Probable cause is a key concept in American constitutional law. Under the Fourth Amendment to the U.S. Constitution, law enforcement officers need probable cause to arrest a …
DUI breath tests that determine whether someone is under the influence of alcohol have long been a fixture in California DUI law enforcement. But for a long time police have had to rely on more invasive blood or urine tests to determine whether someone was driving under the influence of drugs. That may not be …
A “hiatal hernia” is a condition in which a piece of your stomach pushes up into your chest. No one knows what causes it, but it is more common in women, people over 50, and people who are overweight. The connection between a hiatal hernia and DUI is not readily apparent–but, in fact, there is …
If you are charged with California DUI, and you had a child in your car at the time you were arrested, there are two charges the prosecutor might consider. VC 23572 DUI with a minor under 14 in the car The first is actually a sentence enhancement, not a separate charge. People who commit DUI …
In 2010, the California legislature launched a pilot program (Vehicle Code 23700 VC) under which everyone convicted of California DUI in one of four counties would be required to install an ignition interlock device (IID) in their car for a certain period of time. Now the question is whether California will extend that requirement to …
California DUI penalties certainly put defendants into tight spots. On the one hand, your driver’s license will be suspended if you are convicted of DUI. On the other hand, you also will be required to attend an in-person alcohol education program known as “DUI school” for anywhere from three to 30 months. But how can …
Every year some 350 children under the age of five drown in backyard swimming pools across the U.S. Another 2,600 children are treated for near-drowning incidents in hospital emergency rooms. But whose responsibility is pool safety (and who can be the subject of a drowning accident lawsuit) in the state of California? It depends on …
Vehicle Code 23109(c) VC “exhibition of speed”–also known as “speed ex”–is a fairly common vehicular crime in California. The legal definition of an exhibition of speed is driving or accelerating at an unsafe speed, in order to show off for someone else. Conceptually, speed ex has very little to do with the major California DUI …
A “Ponzi scheme” is a complicated kind of financial fraud that, after it inevitably implodes and gets disclosed, can result in major criminal prosecutions not to mention decades in prison. A Ponzi scheme is defined by the U.S. Securities and Exchange Commission as: “an investment fraud that involves the payment of purported returns to existing …
If you are on probation after serving time behind bars in San Bernardino County, the last thing you want is to go back to jail. Even if you never served time, you certainly don’t want to do anything that would further limit your rights, extend the length of your probation, or result in your incarceration. …
We love our pets and treat them with care and attention, and try to protect them from harm. California’s laws also try to protect animals from cruelty and abuse, and provide some of the harshest penalties in the nation for those convicted of animal abuse. Animal abuse in California is a serious offense with serious …
Being arrested for and charged with DUI in California is a stressful experience. For many people, the prospect of a DUI plea bargain to a reduced charge is a relief–and a greatly preferable alternative to the ordeal of a criminal trial for DUI. But it is important to know exactly what you are getting with …
It’s many people’s worst nightmare. You’re driving after having had a drink or two–or maybe no drinks at all–and are pulled over. You honestly don’t feel “under the influence” in the slightest. But your performance on your field sobriety tests makes an officer suspicious, you are arrested for DUI—and a DUI breath test or blood test shows that you have …
“Revenge porn” is a crime in California. If you are charged and convicted for posting and distributing intimate photos or videos of another person without their knowledge or consent, you could be facing severe penalties. “Revenge porn” refers to naked or sexual videos or pictures of an individual that someone, usually an ex-lover, puts online …
Do I need a court order to change my legal gender in California? Unfortunately, there is no simple rule and procedure for legally changing your gender in California. A legal gender change in California usually – but not always — starts with a California court order. However, the court will only grant you one if …
Under California DUI law, you are currently considered to have given “implied consent” to a DUI chemical blood or breath test if you drive a car in the state. If you refuse to take such a test after being lawfully arrested for DUI, and you are later convicted of DUI, you will face additional penalties …
