Drug and Criminal Defense in San Diego
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    • Arrested During Pride Weekend San Diego 2014?

      San Diego's Pride Weekend kicked off Friday night, July 18, 2014 and ran through the weekend. This was a great time for the Gay, Lesbian, Bisexual and Transgender (LGBT) communities and San Diego ...

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    • AB 109-Realignment

      AB 109, also called realignment, became California law in 2011. The impetus behind this law was inadequate medical care, giving rise to unconstitutional conditions for prison inmates, due to ...

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    • AB 2500 - Marijuana DUI Bill Fails in Legislature

      AB 2500, the law that would have made trace amounts of THC metabolites found in a driver’s blood stream subject to DUI charges, failed in the California Legislature last week. An amendment to the law ...

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    • AB 2500 Proposes Changing the Grounds for DUI in California

      California Assembly Bill 2500, recently introduced by Assemblyman Jim Frazier, would establish that any detectable amount of a controlled substance could be grounds for a DUI arrest and possible ...

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    • Administrative Per Se Hearings (APS) or DMV Hearings in California

      Most people arrested for suspicion of DUI will be surprised to know they actually have two issues they need to address: They have to defend themselves against a prosecution by the City Attorney or ...

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    • What is an Article 32 Investigation?

      When confronted with criminal charges, not only do military members face the same challenges as civilians, but also the added consequence of facing military infractions. For example, they may be ...

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    • Bail Hearings, PC 1275 and PC 1275.1

      Under California Constitution Section 1, Article 12(c), excessive bail is not permissible. California Penal Code Section 1275(a)(1) states when setting, reducing, or denying bail, the judge or ...

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    • How and When to Challenge Your DUI

      If you have been arrested in Poway for a misdemeanor DUI, you were likely charged with VC 23152(a) and VC 23152(b). VC 23152(a) alleges that the driver was under the influence at the time of operating ...

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    • Can I challenge the results of my BAC in a DUI?

      The California Supreme Court recently decided a San Diego DUI case that will have a far-reaching impact on DUI law. In People v. Vangelder, 2013, the court addressed whether DUI trials could limit the ...

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    • What happens at the DMV hearing?

      A DMV hearing is the first procedural step that takes place after someone is arrested for a DUI. You have 10 days to request a hearing or your license will be automatically suspended for four months, ...

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    • Administrative Per Se Hearings (APS) or DMV Hearings in California

      Most people arrested for suspicion of DUI will be surprised to know they actually have two issues they need to address: They have to defend themselves against a prosecution by the City Attorney or ...

      Read More
    • San Diego Domestic Violence Attorney: PC 243(e)(1)

      At Kern Law, APC, we have successfully defended clients for over 15 years that have been charged with Domestic Violence, Penal Code Section 243(e)(1). PC 243(e)(1) is a very serious allegation and ...

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    • San Diego Domestic Violence Attorney: PC 273.5

      At Kern Law, APC, we have successfully defended clients for over 15 years that have been charged with Felony Domestic Violence, Penal Code Section 273.5. PC 273.5 is an incredibly serious charge and ...

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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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    • Unlawful Possession of Xanax – HS 11375(b)(2)

      Possession of Xanax without a valid prescription is illegal under California law. There are 18 drugs listed under HS 11375(c) that include prescription drugs such as Xanax, which are illegal to ...

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    • Possession of Methamphetamine for Sales, HS 11378

      At Kern Law, APC, we have successfully defended clients for over 15 years that have been charged with Possession of Methamphetamine for Sales, Health and Safety Code Section 11378. If you or someone ...

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    • Transportation for Sale of Methamphetamine, HS 11379

      At Kern Law, APC, we have successfully defended clients for over 15 years that have been charged with Transportation for Sale of Methamphetamine, Health and Safety Code Section 11379. If you or ...

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    • Unlawful Possession of Xanax – HS 11375(b)(2)

      Possession of Xanax without a valid prescription is illegal under California law. There are 18 drugs listed under HS 11375(c) that include prescription drugs such as Xanax, which are illegal to ...

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    • San Diego Drug Possession Attorney:  HS 11350

      Unlawful Possession of Heroin, Methamphetamine, Cocaine, and many prescription drugs such as OxyContin, Oxycodone, Fentanyl, Percocet, Vicodin, and Xanax are very serious charges in San Diego County. ...

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    • Additional Penalties for Drug Possession/Transportation/Sales, HS 11370.4

      Sales of Heroin or Cocaine, Possession for Sales of Heroin or Cocaine, or Conspiracy to commit the offenses, HS 11351, HS 11351.5, or HS 11352, may carry additional penalties if the amount of the ...

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    • HS 11379.6 Manufacturing Hash Oil

      To manufacture hash oil from a cannabis plant, a chemical process must take place to extract the hash oil. Typically, this extraction process is done through water or butane. The hash oil – also known ...

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    • What is Prop 47?

      California Proposition 47 passed November 4, 2014 by 59% of the vote in the state, and 55% of the vote in San Diego. Known as the Safe Neighborhood and Schools Act, Prop 47 is designed to allocate ...

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    • Operation November Reign

      On Friday, May 9, 2014, the San Diego Police Department (SDPD) arrested 74 suspected drug dealers in and around the downtown area of San Diego. The arrests were the result of a massive undercover ...

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    • Unlawful Possession of Prescription Drugs - HS 11350(a)/ BP 4060

      Possession of prescription drugs without a valid prescription is a very serious allegation and is vigorously prosecuted in San Diego County and throughout the State of California. HS 11350(a) and BP ...

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    • Pacific Beach Drug Lawyer: HS 11350(a) & HS 11377(a)

      At Kern Law, APC we have successfully defended clients for over 15 years that have been charged with drug charges, Health and Safety Code Section 11350. The drug charges may range from Heroin and ...

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    • Introduction to Charges of Health and Safety Code Section 11350

      At Kern Law, APC we have represented clients for 15 years against charges of Health and Safety Code Section 11350, Possession of Heroin. If you or someone you know has been charged or arrested for ...

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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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    • Unlawful Possession of Xanax – HS 11375(b)(2)

      Possession of Xanax without a valid prescription is illegal under California law. There are 18 drugs listed under HS 11375(c) that include prescription drugs such as Xanax, which are illegal to ...

      Read More
    • Pacific Beach Drug Lawyer: HS 11350(a) & HS 11377(a)

      At Kern Law, APC we have successfully defended clients for over 15 years that have been charged with drug charges, Health and Safety Code Section 11350. The drug charges may range from Heroin and ...

      Read More
    • San Diego Drug Possession Attorney:  HS 11350

      Unlawful Possession of Heroin, Methamphetamine, Cocaine, and many prescription drugs such as OxyContin, Oxycodone, Fentanyl, Percocet, Vicodin, and Xanax are very serious charges in San Diego County. ...

      Read More
    • Unlawful Possession of Xanax – HS 11375(b)(2)

      Possession of Xanax without a valid prescription is illegal under California law. There are 18 drugs listed under HS 11375(c) that include prescription drugs such as Xanax, which are illegal to ...

      Read More
    • Pacific Beach Drug Lawyer: HS 11350(a) & HS 11377(a)

      At Kern Law, APC we have successfully defended clients for over 15 years that have been charged with drug charges, Health and Safety Code Section 11350. The drug charges may range from Heroin and ...

      Read More
    • San Diego Drug Possession Attorney:  HS 11350

      Unlawful Possession of Heroin, Methamphetamine, Cocaine, and many prescription drugs such as OxyContin, Oxycodone, Fentanyl, Percocet, Vicodin, and Xanax are very serious charges in San Diego County. ...

      Read More
  • DUI
    • Getting a DUI in Chula Vista

      If you have been arrested in Chula Vista, California for a misdemeanor DUI, you were likely charged with VC 23152(a) and VC 23152(b). If you have a prior DUI, the charges may also include VC 23540. If ...

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    • Marijuana DUI: VC 23152(e)

      Marijuana DUI arrests have increased in San Diego County and across the State of California. Although the science behind marijuana and impaired driving has not been conclusively established, law ...

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    • Four Steps to Defend Against a DUI in San Diego

      Four Steps to Defend Against a DUI in San Diego DUIs, VC 23152(a) and VC 23152(b), in San Diego County are very common and significantly impacts those arrested. The question is often asked, “What ...

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    • How and When to Challenge Your DUI

      If you have been arrested in Poway for a misdemeanor DUI, you were likely charged with VC 23152(a) and VC 23152(b). VC 23152(a) alleges that the driver was under the influence at the time of operating ...

      Read More
    • 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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    • DUI Checkpoint Arrest

      Motorists are often detained at DUI checkpoints and courts have consistently upheld these detentions as constitutional. Under normal circumstances, a detention must be based on specific and ...

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    • Criminal Defense Attorney for Under the Influence of a Controlled Substance

      Health and Safety Code Section 11550(a) is the statute in California that criminalizes being under the influence of a controlled substance, without a valid prescription. For example, heroin, ...

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    • Marijuana DUI: VC 23152(e)

      Marijuana DUI arrests have increased in San Diego County and across the State of California. Although the science behind marijuana and impaired driving has not been conclusively established, law ...

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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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    • 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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    • Can I Have My DUI Expunged?

      DUI convictions carry a wide range of consequences, from the stigma of having a DUI on your record to potential employment ramifications. The good news is that, with a few exceptions, most misdemeanor ...

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    • What are some initial things an officer will look at to stop a vehicle for a DUI?

      Before a DUI suspect is asked to take a PAS test (Preliminary Alcohol Screening); perform Field Sobriety Tests (FSTs); and provide a sample of his or blood, breath, or urine to determine their Blood ...

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    • Do I have to perform Field Sobriety Tests?

      This is a question I often receive after a client has been arrested for DUI . The answer, of course, is NO. Field Sobriety Tests (FSTs) are optional . They are a subjective tool used by law ...

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    • Possession of Controlled Substance While Possessing a Firearm, HS 11370.1(a)

      California Health and Safety Code Section 11370.1(a) prohibits someone from possessing a loaded firearm while in possession of a controlled substance; for example, Methamphetamine or Heroin. ...

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    • Unlawful Possession of a Firearm in California

      Under California Penal Code Sections 29800, 29805, and 29810, certain people are prohibited from owning or possessing firearms. For example, under PC 29800 people who have been convicted of a felony, ...

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    • HS 11379.6 Manufacturing Hash Oil

      To manufacture hash oil from a cannabis plant, a chemical process must take place to extract the hash oil. Typically, this extraction process is done through water or butane. The hash oil – also known ...

      Read More
    • Drug and Theft Crimes in Pacific Beach, San Diego

      Pacific Beach is a great community in San Diego, with a Boardwalk, wonderful places to eat, and an exciting nightlife. Pacific Beach has many residents and attracts many young people, college ...

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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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    • Health and Safety Code Section 11368

      According to HS 11368, it is unlawful to forge (falsify) or modify a prescription. In fact, this law makes it illegal to even verbally suggest or represent a fake prescription as real. Additionally, ...

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    • Introduction to Charges of Health and Safety Code Section 11350

      At Kern Law, APC we have represented clients for 15 years against charges of Health and Safety Code Section 11350, Possession of Heroin. If you or someone you know has been charged or arrested for ...

      Read More
    • Prescription Fraud: HS 11153

      Licensed medical doctors, nurse practitioners, pharmacists, and psychiatrists commonly write prescriptions in San Diego County and the State of California. There has been a lot of media attention with ...

      Read More
    • Introduction to Charges of Health and Safety Code Section 11350

      At Kern Law, APC we have represented clients for 15 years against charges of Health and Safety Code Section 11350, Possession of Heroin. If you or someone you know has been charged or arrested for ...

      Read More
    • San Diego Drug Possession Attorney:  HS 11350

      Unlawful Possession of Heroin, Methamphetamine, Cocaine, and many prescription drugs such as OxyContin, Oxycodone, Fentanyl, Percocet, Vicodin, and Xanax are very serious charges in San Diego County. ...

      Read More
    • CPS/CWS Investigation

      A Child Welfare Services (CWS) or Child Protective Services (CPS) investigation is an incredibly traumatic experience for most parents. CPS is the agency in charge of protecting the welfare of ...

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    • Possession & Transportation of Marijuana for Sale: HS 11359-11360

      If you have been charged with intent to sell or transportation to sell marijuana, then you could be facing felony charges. Felony possession with the intent to sale under HS 11359 provides the ...

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    • Possession & Transportation of Marijuana for Sale: HS 11359-11360

      If you have been charged with intent to sell or transportation to sell marijuana, then you could be facing felony charges. Felony possession with the intent to sale under HS 11359 provides the ...

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    • Can I Still Be Searched or Arrested for Possessing Marijuana?

      Most Californians are aware that marijuana is legal in California for medical and recreational use. Proposition 64 and various statutes, including HS 11362.1 and HS 11357, legalized marijuana in the ...

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    • Marijuana DUI: VC 23152(e)

      Marijuana DUI arrests have increased in San Diego County and across the State of California. Although the science behind marijuana and impaired driving has not been conclusively established, law ...

      Read More
    • Reduce and Expunge Felony and Misdemeanor Marijuana Convictions; HS 11361.9

      On November 8, 2016, California voters passed The Adult Use and Marijuana Act (AUMA) – also known as Proposition 64. AUMA regulates the cultivation, distribution, and use of cannabis for nonmedical ...

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    • Marijuana DUI: VC 23152(e)

      Marijuana DUI arrests have increased in San Diego County and across the State of California. Although the science behind marijuana and impaired driving has not been conclusively established, law ...

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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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    • 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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    • Possession of Concentrated Cannabis: HS 11357(a)

      California established the Compassionate Use Act of 1996 , which was codified in HS11362.5. This act allows someone with a medical need to possess and cultivate concentrated cannabis or marijuana for ...

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    • Is medical marijuana legal in California?

      In 1996, Proposition 215 made medical marijuana legal in the State of California. It was later codified in Health and Safety Code Section HS 11326.5. Also known as the Compassionate Use Act of 1996, ...

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    • Prescription Fraud: HS 11153

      Licensed medical doctors, nurse practitioners, pharmacists, and psychiatrists commonly write prescriptions in San Diego County and the State of California. There has been a lot of media attention with ...

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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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    • Factors the officer will look at after the stop to arrest for DUI

      In my last DUI blog, I discussed factors (cues) law enforcement will look at to determine whether or not to stop someone he or she suspects of DUI. In this blog, I want to address what happens after ...

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    • What are some initial things an officer will look at to stop a vehicle for a DUI?

      Before a DUI suspect is asked to take a PAS test (Preliminary Alcohol Screening); perform Field Sobriety Tests (FSTs); and provide a sample of his or blood, breath, or urine to determine their Blood ...

      Read More
    • Arrested During Pride Weekend San Diego 2014?

      San Diego's Pride Weekend kicked off Friday night, July 18, 2014 and ran through the weekend. This was a great time for the Gay, Lesbian, Bisexual and Transgender (LGBT) communities and San Diego ...

      Read More
    • Unlawful Traffic Stop

      Traffic stops form the basis of many contacts people will have with law enforcement – from traffic citations and checkpoints to DUI investigations. There are considerable legal guidelines that are ...

      Read More
    • 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 ...

      Read More
    • 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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    • Criminal Defense Attorney for Under the Influence of a Controlled Substance

      Health and Safety Code Section 11550(a) is the statute in California that criminalizes being under the influence of a controlled substance, without a valid prescription. For example, heroin, ...

      Read More
    • San Diego Drug Possession Attorney:  HS 11350

      Unlawful Possession of Heroin, Methamphetamine, Cocaine, and many prescription drugs such as OxyContin, Oxycodone, Fentanyl, Percocet, Vicodin, and Xanax are very serious charges in San Diego County. ...

      Read More
    • Possession of Controlled Substance While Possessing a Firearm, HS 11370.1(a)

      California Health and Safety Code Section 11370.1(a) prohibits someone from possessing a loaded firearm while in possession of a controlled substance; for example, Methamphetamine or Heroin. ...

      Read More
    • Unlawful Possession of Prescription Drugs - HS 11350(a)/ BP 4060

      Possession of prescription drugs without a valid prescription is a very serious allegation and is vigorously prosecuted in San Diego County and throughout the State of California. HS 11350(a) and BP ...

      Read More
    • Prescription Fraud: HS 11153

      Licensed medical doctors, nurse practitioners, pharmacists, and psychiatrists commonly write prescriptions in San Diego County and the State of California. There has been a lot of media attention with ...

      Read More
    • 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 1996, ...

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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, over ...

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    • Possession of Methamphetamine HS 11377(a)

      California Proposition 47 passed in November 2014. The law, known as the Safe Neighborhoods and Schools Act, reduced felony possession of a controlled substance to a misdemeanor. Possession of ...

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    • Does Prop 47 Apply to me?

      Proposition 47 reduced felony drug possession and certain felony theft related charges to misdemeanors. Furthermore, for those that have already been sentenced for a felony offense that is now a ...

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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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    • La Mesa Protesters Charged with Crimes

      The San Diego District Attorney filed charges against 20 people in connection with the protests that occurred in La Mesa over police reform and racial justice during Memorial Day weekend. ...

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    • What are the consequences of having a Restraining Order against you?

      Restraining orders range from Domestic Violence Restraining Orders (DVTRO), Elder Abuse Restraining Orders, Civil Harassment Restraining Orders, and Work Place Violence Restraining Orders. If a ...

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    • How to Get a Restraining Order Dismissed

      The filing of a restraining order can have serious consequences against the restrained party. When a Temporary Restraining Order (TRO) is filed, the first step in seeking a permanent restraining ...

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    • What Exactly Is Unlawful or Illegal Search?

      The Fourth and Fourteenth Amendments require law enforcement to obtain a search warrant before it conducts a search. This includes the person, their property, and residence. This is critical in a ...

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    • 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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    • 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 ...

      Read More
    • What Exactly Is Unlawful or Illegal Search?

      The Fourth and Fourteenth Amendments require law enforcement to obtain a search warrant before it conducts a search. This includes the person, their property, and residence. This is critical in a ...

      Read More
    • 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 ...

      Read More
    • 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 ...

      Read More
    • 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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    • Unlawful Traffic Stop

      Traffic stops form the basis of many contacts people will have with law enforcement – from traffic citations and checkpoints to DUI investigations. There are considerable legal guidelines that are ...

      Read More
    • 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 codified ...

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