Facing drug charges can be a stressful and nerve-racking experience. While potential legal consequences handed down in criminal courts can be significant, there are alternatives to traditional court proceedings for eligible alleged offenders that can potentially offer a path toward rehabilitation and a brighter future. In San Diego, diversion drug court programs have emerged as an innovative approach to addressing substance abuse issues within the criminal justice system. These programs offer individuals facing drug-related charges an alternative path to traditional prosecution, emphasizing re ..read more

Despite more lenient drug statutes in California than there are in many other states, people still get arrested for drug crimes every day. Many people face accusations of drug possession because they had drugs on their person, in their home or in their vehicle. While drug possession may be the least severe type of drug offense, a conviction could still lead to major penalties and a criminal record that permanently holds someone back from pursuing their best life. Sometimes, police officers find drugs in someone’s purse or pockets. In such cases, the connection between the individual and the dr ..read more

A breathalyzer is a small device that the police can use when they stop drivers under suspicion of drunk driving. The device can test the driver’s blood alcohol content (BAC), which is the amount of alcohol that can be found in the body. This test is often preferred over urine and blood chemical tests because drivers don’t have to relocate to do it.  Many people believe that breath tests can be tricked. However, there’s often no scientific evidence behind these beliefs. If you’re asked to do a breath test, it can help to avoid the following myths: Drinking coffee before driving Many peopl ..read more

There are many possible penalties that the courts can impose after a drunk driving conviction. A criminal judge can sentence someone to a stint in state custody, suspend their driver’s license and impose fines that they must pay. Ignition interlock devices (IIDs) are also common after driving under the influence (DUI) charges in California. An IID is a small device professionally installed in a motor vehicle. The driver of that vehicle must pass a test to be able to start it to drive and may need to retest occasionally as they continue driving. IIDs are both inconvenient and costly. People hav ..read more

Driving off can be quite tempting when a law enforcement officer pulls you over. However, this would be a wrong move because California has a Vehicle Code § 2800.1 that prohibits drivers from lawfully evading a police officer. So the next time the police stop you, the wise thing to do is pull over to the side of the road. Law enforcement encounters can be stressful, but the penalties for fleeing an officer are much worse. How does Vehicle Code § 2800.1 define evading a peace officer? An individual is only guilty under Vehicle Code § 2800.1 if they’re driving at the time of the incident and wil ..read more

Any car can technically be stolen. But if you have watched the news over the last few years, there has been a trend where vehicles made by Kia and Hyundai are being stolen at a greater rate than other makes and models. People who own these vehicles have become very wary that they may be targeted for theft. But why is this happening? Why are these cars targeted more than others? A lack of antitheft devices The reason isn’t the value of the cars, as Kias and Hyundais are not usually high-priced vehicles. Instead, thieves are targeting them because they don’t have certain anti theft devices that ..read more

If police officers get a search warrant, they may be allowed to enter your home. Generally, they have to take some sort of evidence or reasonable suspicion to a judge, who then signs the warrant. Police cannot just randomly get warrants and search people’s homes. They need to show that there’s a valid reason to do so, and the warrant then gives them that ability, regardless of what the homeowner says. But there are also ways in which the police can enter your home if they don’t have a warrant. Let’s take a look at a few examples. You give them consent Of course, the first way that this may hap ..read more

We recently discussed a bill in California that would have decriminalized psychedelics. These are a type of drug that is hallucinogenic. Magic mushrooms are likely used most often, but ayahuasca and ibogaine are also psychedelics. California would have become the first state to pass such a law, although some cities have already done so. That legal change is not to be, at least not at this point. Gov. Gavin Newsom has decided to veto the bill. Why was this done? It’s interesting that the bill was vetoed because California has always been fairly progressive regarding substance use, and the gover ..read more

Increasingly, people are using psychedelic drugs (also known as hallucinogens) to treat various mental health and substance abuse disorders. “Magic” mushrooms are among the most common.  Several cities in Northern California (in addition to Portland and Denver) have decriminalized some natural (plant-based) psychedelics. That means while they’re not specifically legal, there are no criminal consequences for possessing or using them within the established regulations – typically in controlled settings and under the supervision of a trained facilitator. Now a bill to decriminalize the posse ..read more

The California penal code takes domestic violence allegations extremely seriously. It is not uncommon for a domestic violence call to end in an arrest and a formal charge.  A domestic violence claim isn’t hard to make – and that’s still a long way from a conviction. That being said, there are costly missteps that you want to avoid if you are charged with domestic violence.  1. Disregarding court orders It is not uncommon for the court to release defendants on bail while awaiting the outcome of the case – but under certain conditions. More than likely, you still have to keep a certain ..read more