Law enforcement set up and conducted a DUI checkpoint prior to Christmas, and several people were arrested. There were 3504 vehicles that drove through the checkpoint and 2960 got screened, looking for license violations and any signs of impairment. At any DUI checkpoint, there are specific requirements that must be followed for it to be…
Many people have their first encounter with law enforcement and the criminal justice system when arrested and charged with DUI. Whether the arrest took place after a stop at a roadside checkpoint over the holidays, due to a traffic violation, or in another type of traffic stop, before you plead guilty you should understand everything…
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…
At the end of October, the FBI released the 2011 crime statistics for Temecula, CA. These new figures show a 28% increase in violent crimes as compared to 2010. Property crimes also showed a small increase of 2%. According to the report, nationwide violent crimes were down by 3.8% during 2011, with a total of…
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Decades ago, a person could be found guilty of burglary only if he broke into a house at night. Over time, the definition of burglary has been codified in Penal Code section 459 and has greatly expanded what conduct it covers. Today, under California law, the offense of burglary is committed when a person enters…
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…
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…
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…
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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