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January 2018 Archives

Underestimating the severity of a DUI

It hasn't been too many years since drunk driving was little more than a traffic offense. Then, beginning with the founding of Mothers Against Drunk Driving and other groups that focused public attention on the devastating effects of drunk driving, laws and policies regarding those who drive while impaired have becomes harsher. In fact, each year, millions of DUI cases go through the criminal courts.

Fruit of the poisonous tree and drug offenses

California residents who have been charged with a drug crime should be aware of the fruit of the poisonous tree doctrine. As explains, this doctrine holds that any evidence (fruit) obtained by law enforcement officials by means of an illegal arrest, search or seizure (poisonous tree) cannot be used against defendants in a court of law.

What is the difference between arson and aggravated arson?

As a California resident, you know the fire danger our state faces almost year round. Everyone needs to be constantly on guard against accidentally starting a fire by means of a cigarette, a barbecue grill, a campfire and other innocuous, but sometimes careless, activities.

AG Sessions rolls back Obama pot prosecution policies

When California legalized medical marijuana some 20 years ago, this state’s cannabis industry took off and now is the largest and most firmly entrenched in the nation. On January 1, California’s new law decriminalizing marijuana production, sale and recreational usage went into effect. Los Angeles and San Francisco are expected to immediately begin issuing dispensary licenses, and over 100 dispensaries have already begun selling recreational marijuana.

Do drug courts work?

If you are facing a California drug charge, you may have serious concerns about having to spend time behind bars. Increasingly, however, some drug offenders, depending on the circumstances of their crimes and criminal history, receive an offer to take part in a drug court program, as opposed to serving time in jail. Drug courts seek to treat the addiction itself through a combination of counseling and regular appearances before a court. The main idea is that the program will help addicts stay on track while keeping more non-violent drug offenders out of California’s already-overcrowded prison system.