Herbert Weston & Tanya Weston, Criminal Lawyers San Diego County Criminal Law 2026-09-03T07:33:44Z https://www.westoncriminallaw.com/feed/atom/ WordPress On Behalf of Herbert Weston & Tanya Weston, Criminal Lawyers <![CDATA[How a white collar conviction affects your professional license]]> https://www.westoncriminallaw.com/?p=47807 2026-09-03T07:33:44Z 2026-09-03T07:33:44Z California boards look closely at crimes of dishonesty Regulatory agencies often focus on offenses that involve fraud, theft, deception or breach of trust. Those acts may raise concerns about judgment, ethics and fitness to practice. A board does not need proof that a patient, client or customer suffered direct harm. It may act if the conduct reflects qualities that conflict with the responsibilities of the licensed profession.

What California boards consider before imposing discipline

California boards usually review several points before deciding on discipline:
  • The seriousness of the offense
  • The relationship between the conduct and the person's occupation
  • Prior criminal convictions
  • Prior disciplinary history with any licensing board
  • Restitution, compliance and corrective action
  • Evidence of rehabilitation and present fitness
These considerations often guide whether a professional keeps a license, faces probation or receives a more severe result. Under California Business and Professions Code § 490, a licensing board may discipline a professional if a conviction is substantially related to the qualifications, functions or duties of the licensed profession. California law also requires licensees to self-report convictions to their board within a specified period – and failure to report can itself become grounds for additional discipline

Discipline can take several forms

Board action may include an investigation, citation, probation, suspension or revocation. In some cases, a board may open an investigation or file an accusation while the criminal case is still pending. Court findings, plea terms and statements made to law enforcement or board investigators can affect both proceedings. That connection makes each decision important from the start.

Why strategy in the criminal case also affects your license

Decisions made early in the criminal case, such as how to respond to investigators or whether to accept a plea, can affect the outcome of both the criminal proceedings and any board review that follows. One plays out in criminal court. The other takes place before the licensing board. Decisions made early in the criminal case, such as how to respond to investigators or whether to accept a plea, can affect both outcomes. For licensed professionals in Vista and throughout San Diego County, knowing that both tracks are running at the same time is an important part of protecting a career.]]> On Behalf of Herbert Weston & Tanya Weston, Criminal Lawyers <![CDATA[Did you break a law by shooting a violent intruder?]]> https://www.westoncriminallaw.com/?p=47802 2026-08-20T07:37:47Z 2026-08-20T07:37:47Z What does California law say? California law presumes that residents who use deadly force against a violent intruder act out of reasonable fear for their life or great bodily injury. However, you generally cannot justify lethal force if the intruder fled, surrendered or no longer posed a threat. You must demonstrate to the court that you used force justifiably.

How will the court decide if the use of force was justified?

California courts evaluate various factors to determine if you truly needed to use force. To make this determination, the court usually asks if:
  • The intruder posed a clear threat to you or your household members.
  • You used force to prevent the intruder from committing a felony or causing grave harm to your family.
Courts evaluate all specific circumstances surrounding the incident before delivering a judgment.

What if you were the initial aggressor?

While self-defense typically requires that you did not provoke the attack, you can regain the right to self-defense under California law if you attempt in good faith to stop fighting and communicate that intention to the other party.

Protect your rights

A home intrusion is already a traumatic event. Facing legal challenges immediately with no time for respite could feel overwhelming. Moreover, the prosecution can use anything you say against you. With the help of an attorney experienced in criminal law, you may be able to safeguard your rights and uphold your defense.]]> On Behalf of Herbert Weston & Tanya Weston, Criminal Lawyers <![CDATA[Does the Third-Party Doctrine apply to your criminal case?]]> https://www.westoncriminallaw.com/?p=47799 2026-08-17T08:43:54Z 2026-08-17T08:43:54Z During a criminal case, police often gather evidence from digital sources. This may mean that they want to conduct a search of a person's cellphone. As with a search of real estate or other physical property, it often takes a search warrant to compel someone to unlock their device. The police cannot force someone to unlock their phone to conduct the search without getting the warrant first. However, under the Third-Party Doctrine, the authorities can sometimes subpoena other companies or entities that have access to that same information. This can allow them to get the evidence they seek even without a search warrant.

Voluntarily sharing information

Under the Third-Party Doctrine, when a person voluntarily shares information with another party, it reduces their expectation of privacy. For example, perhaps the police want to look at your location data on your phone to find out if you were near the scene of a crime. Even if they cannot get a search warrant for your device, perhaps you use a rideshare app to have a car sent to your location, and you shared your location data with that company. The police may be able to get the information from the rideshare company, even if they never unlock your phone. A similar example is if you use a social media app to send messages to another individual. Even when the police cannot unlock your phone, they may be able to get a record of these messages from the tech company that owns the app that you used. It is very important to carefully consider how you use your cellphone and who has access to your information. During a criminal case, be sure you are well aware of all of your rights and defense options.  ]]> On Behalf of Herbert Weston & Tanya Weston, Criminal Lawyers <![CDATA[It is possible to challenge the results of a breath test]]> https://www.westoncriminallaw.com/?p=47801 2026-08-17T08:43:52Z 2026-08-17T08:43:52Z Your breath test results are a key piece of evidence that the police will likely try to obtain after a traffic stop on suspicion of drunk driving. If your blood alcohol concentration is over the legal limit, this is a stronger form of evidence than a failed field sobriety test or observations made by the officer at the scene. However, you can challenge the results of that breath test. It is important to understand how this may be possible, depending on the specifics of your situation.

The stop or test was illegal

First and foremost, you may contest that the initial traffic stop was illegal if the officer did not have reasonable suspicion to pull over your vehicle. They also need to see evidence that you are impaired, which provides probable cause to give you the test. If these conditions were not satisfied, the test itself may have been illegal, regardless of the results.

The officer was not properly trained

Next, you have to consider the officer themselves and whether they were properly trained in how to use the breath test device. If not, it may be unclear whether the results are accurate. You may even believe that the officer made critical errors while administering the test that inflated the numbers or caused you to fail when you should have passed.

There were problems with the testing device

Finally, the breath test device needs to be an approved make and model, and it also needs to be calibrated properly. Police officers are supposed to perform routine maintenance and check the calibration periodically. If they failed to do so, the test itself could have been inaccurate. These are just a few examples of ways you can still challenge your arrest, even if you failed a breath test. It can help to work with an experienced criminal defense attorney.  ]]> On Behalf of Herbert Weston & Tanya Weston, Criminal Lawyers <![CDATA[There are ways to challenge a failed breath test]]> https://www.westoncriminallaw.com/?p=47798 2026-08-17T08:43:49Z 2026-08-17T08:43:49Z For most drivers, a failed breath test means that they are at or above the legal limit of 0.08% in terms of their blood alcohol concentration. Some drivers do have other limits, such as commercial drivers, who are often held to a standard of 0.04%, and underage drivers, who should not have any alcohol in their system to begin with. But even when someone fails a breath test, there are some ways that they can challenge the results of that test. It is not a guarantee that they will be convicted on DUI charges.

Calibration and maintenance

For instance, regular maintenance may need to be carried out on a set schedule to ensure that the breath test is properly calibrated at all times. If the police department neglected it and did not perform these calibrations, the test may not be accurate and the results cannot be trusted.

Mistakes made by police officers

Additionally, an officer has to administer the breath test. If they made mistakes or if the department never gave them the training that they needed to perform that test, it can call the results into question.

Other influences

Finally, it is important to remember that certain things could influence the test to produce an abnormally high result. If a person burps while taking the test, for example, it can increase their mouth alcohol content. This could cause them to fail the test, even if their actual BAC is well below the legal limit. These are just a few potential options to keep in mind. If you are facing DUI charges, it can help to work with an experienced defense attorney.  ]]> On Behalf of Herbert Weston & Tanya Weston, Criminal Lawyers <![CDATA[Is intoxication ever a viable defense?]]> https://www.westoncriminallaw.com/?p=47797 2026-08-14T13:18:48Z 2026-08-14T13:18:48Z People who are intoxicated at the time of a criminal event may want to blame that impairment. They often claim that there was no intent to commit a crime, but they acted in a way that was out of character or out of the norm for them personally. They never would have done the same thing if they were sober. For example, someone may be accused of shoplifting from a store. But they claim they were just impaired, so they got confused or made a mistake. Even if they did it on purpose, they may say that the alcohol impairment reduced their inhibitions, causing them to engage in risky behavior. If they had been sober, they certainly would have just paid for the items, and so they never intended to do anything wrong.

Involuntary intoxication

As a general rule, no, intoxication itself cannot be used as a defense. If someone decides to drink alcohol and then breaks the law, they are still responsible for their own decisions and actions. A person who robs a store while under the influence is still guilty of robbing the store, regardless of their level of impairment. The only time when intoxication can sometimes be used as a defense is if it was involuntary. For instance, perhaps a person never drinks alcohol and did not intend to, but another person spiked their drink. Because of this unintended intoxication, that person then broke the law and was arrested. They may claim that the fault lies with the person who spiked their drink and caused them to be intoxicated against their will. It is important to look into your criminal defense options to understand what will and will not work when facing serious charges, and it can help to work with an experienced defense attorney at this time.  ]]> On Behalf of Herbert Weston & Tanya Weston, Criminal Lawyers <![CDATA[Do you need a DMV hearing after a California DUI arrest?]]> https://www.westoncriminallaw.com/?p=47800 2026-07-29T09:20:08Z 2026-07-21T03:53:27Z Why is a DMV hearing important? After many DUI arrests, the California Department of Motor Vehicles begins an administrative license suspension process that is separate from your criminal case. A DMV hearing gives you the opportunity to challenge the proposed suspension before it takes effect. Requesting a hearing may allow you to:
  • Contest the suspension of your driver's license.
  • Review the evidence supporting the DMV's decision.
  • Present evidence or witness testimony.
  • Delay the suspension while the hearing remains pending in some cases.
Missing the deadline to request a hearing can significantly limit your options, so acting promptly is critical.

What happens during the hearing?

A DMV hearing is less formal than a court trial, but it can still have serious consequences. During the hearing, a DMV hearing officer reviews evidence related to your arrest and determines whether the agency should suspend your driving privileges. The hearing may address issues such as:
  • Whether law enforcement had legal grounds to stop or arrest you.
  • Whether the officer had probable cause to believe you were driving under the influence.
  • Whether your chemical test results met or exceeded California's legal limit, when applicable.
  • Whether you refused to submit to a required chemical test.
The outcome of the DMV hearing does not determine whether a criminal court will convict you of DUI. Instead, it focuses on your driving privileges.

How can an attorney help?

An experienced California DUI defense attorney can request the hearing on your behalf, review the evidence, identify weaknesses in the DMV's case, and represent you during the administrative proceeding. Your attorney can also coordinate your DMV defense with your criminal case, helping you develop a strategy that addresses both proceedings while protecting your legal rights.

Protect your driving privileges

A DUI arrest does not automatically mean you will lose your driver's license. However, you must act quickly to preserve your right to challenge the DMV's proposed suspension. If you were arrested for DUI in California, speaking with an experienced DUI defense attorney as soon as possible can help you understand your legal options, meet important deadlines, and protect your ability to drive while your case moves forward.]]> On Behalf of Herbert Weston & Tanya Weston, Criminal Lawyers <![CDATA[Risks to note if you’re ever accused of cryptocurrency fraud]]> https://www.westoncriminallaw.com/?p=47796 2026-08-03T09:41:03Z 2026-06-16T07:14:47Z understand what may come next. Grasping the risks of your situation can help you stay calm and make careful choices when the pressure is high.

A criminal investigation can move fast

Once authorities believe fraud has occurred, they may open an inquiry that pulls in many sources at once. Investigators often gather records, trace transactions and speak with people connected to the project. The process can feel sudden and far-reaching.

Frozen accounts and seized assets

One of the first practical shocks is the potential of losing access to your money. Agencies may freeze bank accounts or seize digital assets they believe are tied to the alleged scheme. This can happen before any charge is filed, leaving you without funds you counted on.

Your digital trail can become evidence

Blockchain activity leaves a lasting record. Wallet transfers, messages and account logins can all be reviewed and pieced together. What felt private at the time may later be examined in detail and used to build a case.

Damage to your reputation

Even an accusation can harm how others see you. Business partners may pull away, banks may close accounts and your name may surface in unwanted ways. This fallout can begin long before any outcome is decided.

Contact from law enforcement

You may receive a call or email from someone claiming to represent a federal agency. These contacts can be real, yet they can also be staged by criminals who pretend to be officials. Treat any unexpected message with caution.

Verify before you share anything

Real agents will give you a way to confirm their identity, so use it. Do not hand over passwords, account details or personal information based on an unverified call or email. When in doubt, reach out to the official office directly through public channels. Accusations involving cryptocurrency investment fraud sit among the most serious white-collar crimes, and the stakes are high. If you believe you are under investigation, you should seek legal guidance early to better understand your rights and protect your future.]]> On Behalf of Herbert Weston & Tanya Weston, Criminal Lawyers <![CDATA[Can anyone get a plea deal?]]> https://www.westoncriminallaw.com/?p=47795 2026-06-03T14:32:39Z 2026-06-03T14:32:39Z a plea deal, including the strength of the evidence, the nature and severity of the charges, your criminal history and the specific circumstances surrounding the case. They may also weigh practical considerations, such as the likelihood of securing a conviction at trial, the interests of any victims involved and broader concerns about justice and public safety.

Don’t rush into a plea deal

Even when a plea deal is on the table, that doesn’t mean it’s a good one. You may be offered an agreement that still includes jail time, a lasting criminal record, immigration issues or other consequences that can affect your future for years to come. Remember, a plea agreement is not final until a judge accepts it. Further, there’s often more room to negotiate than defendants realize. After all, you waive crucial rights when you accept a plea deal, so it’s only fair that you get something meaningful in return. In some cases, it may be possible to seek reduced charges, lighter sentencing terms or alternatives to incarceration. It’s worth noting that prosecutors often negotiate deals that work in their favor. That's their job. Yours is to make sure someone equally qualified is fighting for your interests. Reaching out for early legal guidance when facing criminal charges allows you to approach any plea negotiations with strategy rather than uncertainty or guesswork and to make informed decisions.]]> On Behalf of Herbert Weston & Tanya Weston, Criminal Lawyers <![CDATA[Can exaggerating injuries lead to insurance fraud charges?]]> https://www.westoncriminallaw.com/?p=47792 2026-05-28T13:21:47Z 2026-05-28T13:21:44Z What qualifies as insurance fraud in California? Insurance fraud involves knowingly making false claims to receive money or benefits. In California, making your injuries seem worse than the actual harm suffered can qualify as fraud. Under state law, lying about an injury to claim benefits is a felony if the amount is more than $950. This also applies if an individual claims injuries that do not exist or blames old injuries on a new accident.

What evidence do insurers look for?

Insurance companies closely examine claims that seem suspicious. Investigators look for differences between what you report and what your doctors document. Investigators may also review statements made throughout the claims process. Changes in how you describe pain or physical limits can raise red flags if they are inconsistent or if they clash with your medical files. In some cases, surveillance footage may be used to see whether certain activities conflict with your reported injuries.

What happens if insurers believe there is fraud?

If a review suggests fraud, insurance companies may deny your claim or stop paying benefits. Oftentimes, insurers ask for the money back. A fraud finding can also start a criminal investigation. California law requires insurers to report suspected fraud to the California Department of Insurance Fraud Division and local police. Criminal fraud charges can result in fines and possible jail time. After a fraud conviction, itcan be difficult to get insurance coverage later on.

How to avoid fraud charges

Honesty is the best protection when filing insurance claims. Provide clear and accurate information about your injuries and limits. If the insurer raises questions about your claim and threatens to turn your file over to the police for a criminal review, consider seeking legal representation. A knowledgeable advocate can help you understand the situation and how to respond to investigators.]]>