California Legal Blog – A Deep Dive Into Issues That Affect Your Life

How Low-Carb / High-Protein Diets Can “Trick” a DUI Breath Test

Posted on June 11, 2020 | Category: DUI

Some medical and physiological conditions can cause DUI breath tests to produce falsely high results. Such conditions include: diabetes (a common DUI defense) ketosis hypoglycemia, fasting, and high-protein / low-carbohydrate diets (such as the Atkins and Paleo diets). These conditions involve insufficient carbohydrate intake for energy, or — in the case of diabetes — insufficient insulin to keep blood …

DUI Probation Violations

Posted on June 10, 2020 | Category: DUI

When people plead guilty to a California DUI charge, they usually get placed on probation. The court imposes certain “terms and conditions of probation.” Violating these terms and conditions may result in a bench warrant for one’s arrest, a probation violation, and possible jail time. The terms of probation consist of affirmative duties and prohibitions. …

Informants Must Pass Reliability Tests

Posted on June 10, 2020 | Category: Laws

Police informants in California provide the authorities with information that leads to search warrants, wiretaps, surveillance and the solving of crimes. The types of informants can range from random citizens who are aware of criminal activity…to agents of the police who infiltrate criminal organizations and report on their activities. No doubt informants are a very …

Can I be fired in California for crossdressing at work?

Posted on April 4, 2020 | Category: Employment Law

California’s Fair Employment and Housing Act (FEHA), Government Code 12940, prohibits employment discrimination or harassment based on gender, gender identity, or gender expression. Some cities have passed their own regulations protecting gender identity and expression in the workplace. The city and county of San Francisco, for instance, has issued guidelines that include: Employers have the right …

False Imprisonment vs. Kidnapping

Posted on April 3, 2020 | Category: Kidnapping

Penal Code 236 PC California’s false imprisonment law and Penal Code 207 PC California’s kidnapping law are frequently confused and commonly misunderstood. Many people believe that Penal Code 236 PC California’s false imprisonment law necessarily involves incarceration in a jail or prison. Although false imprisonment may involve such circumstances, it generally doesn’t. Simply put, false …

Is there a link between hernia mesh and heart problems?

Posted on March 19, 2020 | Category: Hernia Mesh Lawsuit

There may be a link between hernia mesh implants and heart problems. Doctors have found that some people suffer heart conditions after an implant. While they seem to be rare, these heart conditions can be life-threatening. Worse, they can be difficult for doctors to diagnose. There may be a link between hernia mesh implants and …

Is Battery a Crime of Moral Turpitude?

Posted on March 16, 2020 | Category: Criminal Defense

Battery can be a crime of moral turpitude (CIMT) if it causes significant injuries. This can trigger extra collateral consequences of a conviction. If you are not a U.S. citizen, you may be deported. However, many batteries do not cause any injuries. Even if committed against a spouse, simple batteries generally not involve moral turpitude. A CIMT can …

The Difference Between Lost Wages and Loss of Earning Capacity

Posted on March 11, 2020 | Category: Personal Injury

Loss of earning capacity covers future economic loss, while loss of wages covers what has been lost already. Lost income is easier to calculate because it looks backwards. Loss of earning capacity can be more difficult because it requires a an estimate of what the person would have earned if not for the defendant’s wrongdoing. Both, …

How a DUI can impact your student loans

Posted on March 9, 2020 | Category: DUI

A DUI can only preclude you from getting federal student loans if drugs were found or if you are currently incarcerated. This could also cause a person to lose existing loans already granted. You may be ineligible to apply for federal aid for up to 2 years. In addition to federal funding, a DUI conviction can …

20 Legal Defenses for Fighting California DUI Charges

Posted on March 7, 2020 | Category: DUI

There is no such thing as a hopeless California driving under the influence (DUI) case. No matter what the allegations against you are, there will always be a promising DUI defense strategy that you can try. The prosecution may allege that you drove with a blood alcohol concentration (BAC) of 0.20% (well over the legal …

5 Prescription Drugs that Commonly Lead to DUI Charges

Posted on February 27, 2020 | Category: DUI

DUI charges can stem from any drug that impairs the ability to operate a vehicle safely. There are five prescription drugs in particular that commonly lead to DUI charges: Adderall, Xanax, Ambien, Vicodin, and Clarinex. Each of these can cause a motorist to be under the influence. None of these drugs cause any alcohol to enter the bloodstream. …

How does Senate Bill 1129 affect California divorce laws?

Posted on February 26, 2020 | Category: Laws

Senate Bill 1129 was signed into law by Gov. Brown in September 2018. The bill applies to divorce proceedings and it has two main impacts on California’s divorce laws. These are: it prohibits spousal support to those spouses convicted of a violent sexual felony or a domestic violence felony, when the acts were committed against …

Shoplifting… A crime of moral turpitude?

Posted on February 21, 2020 | Category: Shoplifting

Shoplifting is often a crime of moral turpitude (CIMT). If it is, it can increase the consequences of a conviction. It can impact a non-citizen’s immigration status. In some contexts, however, shoplifting is not serious enough to count as a CIMT. Such petty offenses are exempted from crimes of moral turpitude. Serious shoplifting cases can affect …

Can a 21 year old date a 17 year old in California?

Posted on February 20, 2020 | Category: Criminal Defense

Yes, so long as the relationship is not sexual. If they have sexual intercourse, the 21-year-old can face criminal charges for statutory rape if they are not married. The penalties for statutory rape carry up to 3 years in jail. They can also land in deeper legal trouble if they drink or do drugs together. The …

Is Domestic Violence a Crime of Moral Turpitude?

Posted on February 10, 2020 | Category: Domestic Violence

Domestic violence can be a crime of moral turpitude. In many states, this is the case if the alleged victim is a spouse. If it is a crime of moral turpitude, the collateral consequences of the conviction will be worse. It can prevent someone from getting a professional certification or license. Those who have a …

How does retrograde extrapolation measure BAC in DUI cases?

Posted on February 8, 2020 | Category: DUI

Retrograde extrapolation is a way to estimate a DUI suspect’s blood alcohol content (BAC). Police use the method to calculate what someone’s BAC was, hours before they were tested. Retrograde extrapolation is significant because it is often inaccurate. Suspects accused of driving under the influence can challenge the process and defend against a DUI charge. …

Is “hit and run” a misdemeanor or a felony in California?

Posted on October 16, 2019 | Category: Hit and Run Accidents

Hit and run can be charged as either a California misdemeanor or a felony depending on: the facts of the case, and what Vehicle Code section the offense is charged under. Vehicle Code 20002 VC is the California statute that defines the crime of misdemeanor hit and run. This section makes it a crime for …

How much does a DUI cost? Short and long term consequences

Posted on September 28, 2019 | Category: DUI

Some short-term costs of a violation of a DUI law include: three to five years of summary probation, six months to several years in county jail (depending on the specific DUI offense charged), fines and penalty assessments that can total up towards $5,000, and completion of DUI school ranging from three to nine months. Some …

10 types of e-scooter malfunctions that can lead to serious injury

Posted on September 26, 2019 | Category: Personal Injury

There are at least 10 types of E-scooter malfunctions. Each one of these can cause serious injuries that lead to an E-scooter lawsuit. E-scooter sharing companies Bird and Lime are aware of these design defects. However, they have been slow to correct them. The delay has put thousands of E-scooter riders at unnecessary risk. 1. …

What is the effect of a DUI record on college admission?

Posted on August 16, 2019 | Category: DUI

If a college applicant has a DUI record, the school or university may do one of three things. These are: deny the applicant, may or may not deny the applicant while using the DUI as a factor in the decision, or ignore the DUI and accept the applicant. The determination as to which one of these …

What California state agency investigates medical billing practices?

Posted on July 15, 2019 | Category: Fraud

The Medical Board of California (“MBC”) investigates medical billing practices in California. The MBC is a state governmental agency within the California Department of Consumer Affairs. The Board’s mission is to review and investigate complaints about, and discipline physicians and allied healthcare professionals. A few examples of the types of complaints reviewed by the Medical …

Five Signs of a Bad Criminal Defense Attorney

Posted on July 15, 2019 | Category: Criminal Defense

The criminal justice system is confusing and complex, and just like any profession you will find good lawyers and bad. Here are at least 5 signs that you may be dealing with a bad criminal defense attorney. 1. RESPONSIVENESS One good way to gauge how responsive an attorney might be is to observe how responsive …

Is it a crime to impersonate someone online in California?

Posted on July 9, 2019 | Category: Computer Crimes

Impersonating someone online can be a crime in California. Penal Code 529 PC is the California statute that defines the crime of false impersonation (also known as false personation). PC 529 makes it a crime for a person to personate someone falsely and to either: do another act that might cause the person being impersonated to …

When Could Gilead Have Released TAF?

Posted on July 1, 2019 | Category: Drug Crimes

Truvada While it has not yet been proven, it seems that Gilead Sciences, Inc. had the ability to bring safer, TAF-based versions of its HIV pills to the market up to a decade earlier than they actually did. Victims who took the more dangerous, TDF-based versions of the pills and who have suffered from their …

When Can Kids Be Suspended Or Expelled For Making Threats?

Posted on June 27, 2019 | Category: Laws

A student can be suspended or expelled for threatening to physically harm another person during school or a school activity. A student can also be suspended or expelled if he or she makes a terroristic threat against a school official or school property, even after school hours. Students are engaged in school or school activities …

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