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Temecula, Murrieta Domestic Violence Defense Lawyer – Can I prevent my spouse from testifying against me in a domestic violence or spousal battery case?

I’m sometimes asked by husbands who were arrested for domestic violence — California Penal Code section 273.5 or 243(e)(1) — whether they can prevent their wives from testifying in court by invoking their marital privilege. California law recognizes two marital privileges. First, a spouse may refuse to testify against the other spouse. This privilege is…

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What is “self-defense” and when can I use it?

Suppose that you’re charged with assault, battery, domestic violence or assault with a deadly weapon. Self-defense may be used by an experienced attorney as an absolute defense to the crime with which you’re being charged. Simply stated, self-defense means that it is lawful to defend yourself from attack if: (1) as a reasonable person, you…

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Can I be convicted of DUI while using prescribed medications such as Vicodin, Xanax or Oxycontin?

California Vehicle Code section 23152(a) addresses situations where a person arrested, was under the influence of alcohol and/or a drug. In this context, the term “drug” does not require that the drug be an illegal one. (Vehicle Code section 312). Section 23152(a) also covers prescribed drugs, such as Vicodin, Xanax or Oxycontin, which when taken…

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Can I be convicted for being in possession of marijuana, meth, ecstasy or cocaine even if it belongs to someone else and I do not have physical possession of the drug?

At a first glance, it seems that the common-sense answer should be “No”. However, the law is not so much concerned with who owns the drug but with who possesses it. So for example, you can be convicted of a misdemeanor or a felony for holding (i.e. possessing) someone else’s meth. You can also be…

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Deliberations Begin in Sex Crime Case Against Former Firefighter

Sex crimes, and allegations of sex crimes, are always taken very seriously by law enforcement and prosecuting attorneys. This is because sex crimes involve the act of performing improper, lewd, or unwanted sexual acts on an individual (sometimes a minor), and are often done in a forceful manner. Anyone convicted of sex crimes in Murrieta…

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FBI Cracks Down on White Collar Crimes and Corporate Fraud

Over the last five years or so, the FBI has been making an aggressive stand against white collar criminals and those involved in corporate fraud. In fact the White-Collar Crime Program (WCCP) and the Criminal Investigative Division (CID) list corporate fraud as one of their top priorities. Although not every white collar crime case becomes…

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Felony Assault with a Car Results In Permanent Revocation of Driver’s License

Did you know that according to California Vehicle Code section 13351.5, the Department of Motor Vehicles (DMV) is required to permanently revoke the driver’s license of one who is convicted of a felony violation of Penal Code section 245 ( assault with a deadly weapon) when a vehicle is found by the court to constitute…