If you’re pulled over by the police while driving under the influence, it’s important to be prepared to face the possible consequences—fines, legal fees, a suspended license, and even jail time. With this in mind, you need to know your legal rights in order to reduce the amount of incriminating evidence gathered against you. Don’t […]
What is California’s Three-Strike Law?
August 1, 2014 by Tyler Brown
The California three-strike law is what legally is known as a sentencing enhancement statute for repeat criminal offenders. The California three-strike law garnered national and international attention for its severity when it initially was enacted in 1994.
The Original California Three-Strike Law
Beginning in 1994, and running through the passage of a California voter initiative called Proposition 36, the three-strike law in the Golden State required that a criminal defendant, with a prior conviction of a serious felony, to be sentenced to a term of incarceration of double the maximum permitted by law on the new charge. If a criminal defendant was convicted of a third felony, of any type, with two prior strikes, that individual faced a mandatory sentence of 25 years to life.
What is Considered Public Intoxication in California?
In each state, the laws condemning public intoxication vary. Depending on where you live, there are different codes for how to regulate this issue. While some states feel that public intoxication disturbs the peace and needs to be treated harshly, others believe that it should be viewed as a misdemeanor. There are also states that […]
Can the Police Search My Cell Phone in California?
In most circumstances, police in California cannot search a cell phone without first obtaining a warrant. However, police can take a cell phone prior to an arrest if they believe it may be used as a weapon, in order to secure police safety. The Fourth Amendment protects the privacy interests of United States citizens, and […]
CPAC
CPAC is an alternative to custody that is being considered on certain cases in San Diego County. If you are looking at Jail time as a possibility in your case you need a competent attorney who knows how to get you CPAC. CPAC is put on by the San Diego Count Sheriffs department and is […]
4th DUI….FELONY
Just a reminder that if you get 4 DUI’s in a 10 year period then the 4th DUI will be a FELONY. Not a Misdemeanor. I get a lot of questions about this. Your bail will most like be increased at the arraignment, so its crucial you have a competent attorney representing you.
Can you flash a your headlights at a car to warn of a police speed trap?
Its a highly debated questing. and recently a federal judge in Missouri said yes you can that it is a first amendment right to free speech. the reasoning is…… What this person who warns is doing is warning other people about the breaking the law. People regularly warn others about the possibility of arrest. There’s no […]
4 Federal Financial Fraud-Related Charges to Know About
Recently, agents from the Federal Bureau of Investigation announced the arrests of two men whom they claim perpetrated a long-running financial fraud scheme that targeted high-profile National Hockey League players as well as residents of Long Island, NY. 13 players, most of whom were not immediately identified, were among the fraud victims who made an […]
Don’t EVER talk to the police!
This is why you never talk to the police. You have the right to remain silent. Police in San Diego will always to try get you to talk. But it never helps. They will use your statements against you. When you are approached by a law enforcement officer, tell them you will only talk […]
Does it help to hire a local attorney?
Yes– Hiring a local attorney who knows the court house is very important. If you have a criminal case in San Diego, then you want a lawyer from San Diego to handle your case. Knowing the way the court works, and knowing the DA and Judges who work there can help your case considerably.