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Yes, You Can Be Arrested For Bicycle DUI

Most people are not aware that you can be arrested for riding a bike while over the legal alcohol limit for driving. In fact: California Vehicle Code Section 21200.5 VC punishes a defendant for riding a bicycle under the influence of alcohol or drugs. Below our DUI attorneys explain how this law is enforced. What is Cycling…

What Is A Wobbler Offense? And How Can Charges Be Reduced
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What Is A Wobbler Offense? And How Can Charges Be Reduced

A “wobbler” is a criminal offense which allows the prosecutor discretion in choosing to charge the crime as a misdemeanor or felony. A person’s criminal history may be a deciding factor in the prosecutor’s decision. Watch this video to understand how a prosecutor may decide between a misdemeanor or felony. How Does a Prosecutor Decide to Charge a Crime as…

6 Things You Didn’t Know About “Shoplifting” Charges

6 Things You Didn’t Know About “Shoplifting” Charges

Penal Code 459.5 is California’s “shoplifting” law. The law does not actually require someone to steal something to be prosecuted for shoplifting.   You only had to have the “intent” to steal. (Watch this video to learn) How to evaluate the evidence in a shoplifting case Defenses in your case Plea bargain options Penal Code…

6 Things You Didn’t Know About “Grand Theft” Charges

California’s law on grand theft defines grand theft as the intentional taking away of the property of another when the property or services stolen was worth more than $9501. (Watch this video to learn) The court process for grand theft charges Defenses we can use in court What is Considered Grand Theft? The elements of a “grand theft”…

California “Marijuana Cultivation” Laws

California “Marijuana Cultivation” Laws

In this post, I am going to explain how California’s laws on illegal marijuana cultivation1 was updated and changed with the passage of Proposition 64. This proposition changed California law so that adults who are 21 or older may legally plant, cultivate, harvest, dry or process up to six (6) living marijuana plants lawfully. So When Does…

What Happens If You Possess A Medication Without A Prescription

It’s considered a crime in California under Business & Professions Code 4060 BP1. This type of case is often prosecuted when police find prescription drugs such as pain-killers in the hands of someone for whom the drug was not prescribed. How Does The Prosecutor Prove The Crime In order to be convicted under 4060 BP, the…

Under The Influence Of A Controlled Substance

It is illegal to be under the influence of a controlled substance pursuant to California’s Health and Safety Code 115501. Below I explain the defenses and penalties of HS 11550. Overview Of Health & Safety Code 11550 For someone to be found guilty of HS 11550 the prosecutor must prove the following elements. You willfully2 used…

9 Things You Should Know About Receiving Stolen Property In California

In this post, I am going to explain California’s law on receiving stolen property. In fact: In some circumstances, you can be charged with this crime even if you did not know the items were stolen. So if you’re concerned you may have received stolen property this list is for you. 1. What is The…

How Does Your Criminal History Affect An Open Case?

How Does Your Criminal History Affect An Open Case?

A defendant’s criminal history is taken into account by prosecutors and judges in a number of scenarios. In fact, A defendant’s criminal history may have a tremendous impact on the outcome of a new criminal case. Let’s take a look at how a prior criminal history can affect a new case. Does a Prosecutor Use…