Eating before, or during the course of drinking, slows the rate at which alcohol is absorbed into a person’s body. This decrease in absorption means less alcohol enters the bloodstream, as compared to the situation when no food is eaten. Less alcohol entering the bloodstream results in a lower blood alcohol concentration (“BAC”). Other factors …
In California, an estes robbery is when store employees or loss prevention follow after a shoplifter, and the person uses force or threats of force to avoid apprehension and get away with the merchandise. The use of force or threats elevates shoplifting to the more serious crime of robbery. The term “Estes Robbery” is used because …
Police can seize a person’s cell phone when they have a search warrant, if you were doing something illegal with the cell phone, or if the cell phone contains evidence. 1. When does Nevada law permit officers to seize a person’s cell phone? There are three main circumstances under which law enforcement may seize your …
Believe it or not, there are several California crimes that you can commit by getting married. These include bigamy, incest, and marrying the spouse of another. 1. How does California law define “bigamy”? Penal Code 281 PC is the California statute that defines the crime of bigamy. This code section makes it illegal to marry one person while …
The answer is almost certainly no. This is because the California lawyer-client privilege protects nearly everything you say in confidence to your attorney from disclosure. 1. What is California’s attorney-client privilege? California’s lawyer-client privilege is an evidentiary privilege that protects all confidential communications between a client and his/her attorney.1 The privilege applies to: the client …
Maybe. It depends on the particular facts of the case. 1. How does California law define the “marital privilege”? The “marital privilege” (also known as the “spousal privilege”) is one of the more complicated California evidentiary privileges. This is because the privilege actually consists of two privileges. These are: the spousal testimonial privilege, and the …
Yes. Please also remember that the consequences for a commercial DUI in Nevada are often harsh. 1. What happens to a person’s commercial driver’s license after a DUI? A first-time DUI by a commercial driver in Nevada carries a one-year-long suspension of his/her commercial driver’s license (CDL). However, the suspension is increased to three years …
We all know it’s rape to use physical force or threats to make someone submit to having intercourse. Most of us are also pretty well aware that having sex with an unconscious person, such as someone who is passed-out drunk, also constitutes rape under California law. But what about having sex with an incompetent person? …
Under California self-defense laws, you generally have the right to “stand your ground” and defend yourself and others without retreating. No state law statute authorizes this right that there is no duty to retreat. Instead, case law and jury instructions recognize the right of a person to use force in self-defense without first trying to escape or run …
Normally, shoplifting merchandise valued at $950 or less is treated as a simple misdemeanor under California Penal Code 459.5 PC. The crime is punishable by custody in county jail for up to six months. But police and prosecutors will often try to hit shoplifters with the more severe charge of burglary under Penal Code 459 …
We all know the police generally must get a search warrant before they can search someone’s home and seize property. But do law enforcement personnel have to obtain a court order for a wiretap? If so, when is an order granted? 1. When can the police obtain a search warrant? In general, police can obtain …
Police officers in California generate thousands of police reports every day. Most cops strive to be as accurate and truthful as possible. But we all know that police sometimes lie. They may lie in their crime reports, and they may lie on the witness stand in court. Usually, they get away with it. But not …
If you are convicted of any DUI-related offense in California, a judge can order you to install an Interlock Ignition Device (IID) onto your vehicle. But exceptions do apply. Note that IID’s are essentially mini-breathalyzer instruments installed onto your vehicle that prevent your car from operating unless you successfully provide an alcohol-free breath sample. 1. …
One of the most common questions DUI clients ask me is, “What if they didn’t read me my rights?” Unfortunately, police are generally not required to read Miranda rights at a roadside DUI investigation. This is why it is so important for people under arrest for DUI to invoke their right to remain silent. 1. Is lying …
For various reasons, a defendant may plead guilty or no contest to a DUI charge. If the defendant later decides that a plea was not in his/her best interest, the accused must file a motion to withdraw the plea to enter a new one. 1. When can a defendant withdraw a plea in a California …
Oftentimes a child’s parents who are not married either share custody of their child(ren) or one parent gains custody and the other is granted a right to scheduled visits. If you are the parent who has custody the majority of the time, and you interfere with the other parent’s visitation rights, you not only jeopardize …
California relies on a blanket assumption that children under 14 are legally incapable of committing crimes. This means that even if they physically commit a crime, it will most likely not qualify as such because children this young don’t have the maturity or mental capacity to understand the wrongfulness of their actions. If, however, a …
One of the basic California DUI probation terms that gets imposed in connection with a DUI sentence is that the defendant not drive with any measurable amount of alcohol in his/her system. A person that violates this term may be found in violation of his/her probation and may have to serve a county jail sentence. …
California heroin law prohibits a variety of heroin-related offenses. Two of these that may cause some confusion include California’s law against being under the influence of heroin and driving under the influence of heroin. 1. How does California law define “under the influence of heroin”? According to California law, Health and Safety Code 11550, you …
When you are arrested for a DUI, you choose a breath test or blood test, and these tests are to be administered to you at no cost. However, many California hospitals are sending bills in the neighborhood of $300 to those persons that were arrested for DUI and elected the blood test. 1. Who has to …
The California appellate process is somewhat limited and deals with specific legal issues. You can generally appeal your DUI case provided that it involves one of these “appeal-worthy” issues. It is important to understand the California appellate process to ensure an issue warrants an appeal. 1. When can a person appeal a DUI? Before you …
Suppose you wish to appeal your California state conviction. In that case, you file your appeal in either the Appellate Division of the Superior Court or the California Court of Appeal and then, if necessary, with the Supreme Court of California. However, if you wish to appeal your California federal conviction, you would file a California …
The courts have generally upheld California’s Three Strikes Law as constitutional. However, there are times when its application constitutes “cruel and unusual” punishment which is unconstitutional. Fortunately, when this is the case, the law provides a remedy. The remedy is to appeal a California “three strikes” sentence. What is California’s three-strikes law? California’s “three strikes” …
Persons detained by the police for suspected criminal activity should never give a statement. Whether you are being detained for a simple traffic violation or for a serious crime, do not make a statement. You should always invoke your right to remain silent. 1. Do the police always have to read people their Miranda rights? …
Penal Code 530.5 is the California statute on identity theft. While the law criminalizes various acts, people should know that using another person’s ID card is a separate offense. The offense is prohibited under Penal Code 13004. 1. How does California law define “identity theft”? California Penal Code 530.5 PC makes it a crime to …
