Criminal defense attorneys in California and around the country challenge toxicology evidence or question the behavior of the police officers involved in drunk driving cases, but there are situations where they may choose to mount affirmative defenses. The defendants...
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San Diego County Criminal Law Blog
California first-degree murder charge defense
First-degree murder is the most serious form of homicide in California. The state defines this crime as the intentional killing of another person. Building a defense against such a charge isn’t easy. However, there are some defenses a defendant can use against a...
Actions to avoid during a police traffic stop
In California, police make traffic stops as part of their job. People who are nervous or fearful about the reason for the stop – especially if it is for a serious offense like driving under the influence - might feel apprehension about possible consequences. This...
California family members arraigned for insurance fraud
A married couple and their son-in-law are accused of collecting almost $200,000 by filing more than 40 fraudulent car insurance claims. The couple’s alleged activities were discovered when the California Department of Investigations launched an investigation after...
The trouble with field drug tests
If the police see a vehicle operating erratically in California, they might pull the driver over. A sobriety check could follow, and the driver may face a subsequent arrest. Results from roadside field tests for drugs may support the validity of the arrest and serve...
Trade association admits that shoplifting figure was exaggerated
In recent years, media outlets in California and around the country have reported on a worrying rise in organized retail theft. The basis for many of these stories is a report released in 2022 by the National Retail Federation. In that report, the trade association...
Is this the end of geofence warrants?
Geofence warrants have become more common over the past decade in California and across the country. These warrants seek location data for every person located at or near a crime scene to allow law enforcement officers to track down people who might have witnessed or...
Taking the California walk-and-turn field sobriety test
You might have to take a California walk-and-turn sobriety test if you’re stopped for drunk driving. The test is sometimes given by officers when they suspect a driver is under the influence of drugs or alcohol. The test is approved by the National Highway Traffic...
Combating organized retail theft in California
When voters approved California Proposition 47 in 2014, several nonviolent felonies were reclassified as misdemeanors. Shoplifting goods worth $950 or less was one of those crimes. Shortly after the changes went into effect, media outlets began publishing and airing...
The assault and battery laws in California
Assault and battery are often mentioned together, but they are separate crimes. An individual commits assault when they attempt to injure another person or threaten to cause them physical harm. When an individual uses violence or force against another person, they are...