Legal Blog

Cellphone Search: Is It Legal?

Cellphone are ubiquitous in our American society – almost everyone from adults to children has or has access to one. Historically, the issues regarding the legality of warrantless searches and ...
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Arrested for Marijuana DUI?

Marijuana possession is now legal in the state of California. Proposition 64 legalized the recreational use of marijuana for adults 21-years and older. Prop 64 allows smoking in a private home or at a ...
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Students and Adderall: HS 11350

Adderall is a popular prescription drug commonly prescribed to treat ADHD and narcolepsy. High school and college students have been known to use Adderall to increase their ability to study and for ...
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Prescriptions and Privacy: CURES & Prescription Drug Monitoring Program

CURES: The Controlled Substance Utilization Review and Evaluation System (CURES) is a prescription drug monitoring program in California (Health and Safety Code § 11165.) The statute, created in ...
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Possession of Controlled Substances

Possession of Controlled Substances: HS 11377 & HS 11350 Methamphetamine, Heroin, Cocaine, Fentanyl, and other controlled substances are a real problem in San Diego County. For example, in 2014, ...
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Constitutional Requirements for a Valid Warrant

Law enforcement and citizen interactions occur on a daily basis. If those interactions involve a search or seizure of property, the general rule is that a warrant is required. Law enforcement will not ...
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Embezzlement in California

Embezzlement in California, PC 503, PC 514 California Penal Code Section 503 defines Embezzlement as the fraudulent appropriation of property by a person to whom it has been entrusted. Embezzlement is ...
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What Are The Impacts of Marijuana Legalization, Prop 64?

Proposition 64, or the Control, Regulate and Tax Adult Use of Marijuana Act, legalizes the use of marijuana by adults 21 and over. It also establishes a system of regulation to facilitate the ...
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What are Drug Enhancements?

Health and Safety Code Section 11370.4, Drug Enhancements The criminal justice system has many allegations that are known as enhancements. These are allegations that will increase the punishment or ...
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Marijuana DUI

Marijuana DUI There is a strong likelihood that California will legalize marijuana for recreational purposes in November. California Proposition 64, the California Marijuana Legalization Initiative, ...
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I Did Not Consent to the Search

Consent within the criminal justice system allows law enforcement to search with or without probable cause or reasonable suspicion. For consent to be lawful the person must be authorized to give ...
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Were my Miranda Rights Violated?

Miranda rights are a fundamental right that all Americans enjoy. They are a foundation of our criminal justice system and required to protect against false confessions. Miranda rights are based on the ...
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Opioid Abuse Awareness

San Diego Drug Offense Attorney The recent death of Prince from possible opioid overdose has created a new urgency to combat prescription drug and heroin abuse in the country. On May 12, 2016, the ...
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Health and Safety Code Section 11358, Marijuana Cultivation

Under the Compassionate Use Act established in California in 1996, through Proposition 215, the use of marijuana was legalized for specified medical reasons. Prop 215, later codified under HS 11362.5, ...
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Prescription Drug Abuse

What happens if I have prescription medications without a prescription? Every day in the US people are prescribed prescription medications legally to treat chronic pain, anxiety, depression, bipolar ...
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What is Workers' Compensation Fraud?

Workers' compensation in California is an insurance system designed to provide payments and, if needed, medical care for workers that are injured on the job. Workers' Compensation Fraud is ...
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Possession of a Heroin for Sale: HS 11351

Heroin has gained popularity in recent years because of opioid abuse involving prescription drugs. Recent studies indicate that nearly 50 percent of young people who inject heroin started abusing ...
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Rave Music Festival Arrests in Los Angeles and San Bernardino

Almost 500 arrests made at Rave Music Festivals Over Halloween Weekend in Los Angeles and San Bernardino Rave festivals in Pomona and San Bernardino over Halloween weekend lead to the arrests of ...
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Health and Safety Code Section 11368 - Forged Prescription to Obtain a Narcotic Drug

Heroin became the most popular drug abused by Americans in 2015, surpassing methamphetamine and cocaine. One reason has been the rise in abuse of prescription painkillers – Vicodin, OxyContin, ...
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Possession of Concentrated Cannabis: HS 11357(a)

Proposition 47 passed in November 2014, and it reduced simple possession of concentrated cannabis to a misdemeanor; however, the consequences for possessing cannabis are still very serious. If the ...
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What Is Felony Domestic Violence?

Unfortunately, many people will face domestic violence accusations. The reality is that good, decent people are oftentimes accused of domestic violence. Domestic violence is different than many of ...
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DUI Involving Drugs - VC 23152(e)

DUIs involving drugs have increased recently in San Diego. Unlike alcohol related DUIs that may require a standard of.08 percent, there is no clear standard with prosecuting Drug DUIs. Even though ...
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What Should I Do If There Is a Warrant for My Arrest?

If there is a warrant for your arrest, the first thing you need to understand is what type of warrant was issued for your arrest. There are four basic types of arrest warrants (excluding probation, ...
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Can I be arrested if someone uses drugs in my house?

If you have a residence or other place where a controlled substance or narcotic – methamphetamine, marijuana, heroin, cocaine, oxycodone etc. – is found during an arrest, oftentimes, the ...
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New Supreme Court Case Rules on Prolonged Traffic Detentions

On April 21, 2015, the US Supreme Court ruled that a seven to eight minute traffic stop is a prolonged detention and therefore violates 4 th amendment of the US Constitution. In US v, Rodriguez, Mr. ...
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