Interesting Legal Facts
343 views | +0 today
Follow
Interesting Legal Facts
Interesting Legal Facts
Curated by William Daley
Your new post is loading...
Your new post is loading...
Scooped by William Daley
Scoop.it!

Can I get a Restricted California Driver’s License after DUI? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley

Can I get a Restricted California Driver’s License after DUI? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley | Interesting Legal Facts | Scoop.it
Criminal / DUI charges? Injured in an accident? Call (619) 238-1905 for a FREE consultation with San Diego's Top DUI, Criminal and Injury Attorney
William Daley's insight:

If your California driver’s license was suspended due to a DUI, you may be eligible for a restricted license if:

 

-This is your only DUI-related offense within the last 10 years.

-The results of your chemical test showed a BAC level of: 0.08% or more, if you were operating a non-commercial vehicle OR 0.04% or more, if you were driving a commercial vehicle.

-You were 21 years old or older at the time of your arrest.

 

In order to obtain a restricted license from the California DMV, you must enroll in a licensed DUI First Offender program. Notify the program provider that you are applying for a restricted driver’s license.

 

After your mandatory suspension of 30 days:

-Ask the program provider to file a Proof of Enrollment Certificate (Form DL-107) with the CA DMV.

-Pay the $125 reissue fee.

-File proof of your financial responsibility, such as: California Insurance Proof Certificate (SR 22).

-Request a “To/From/During Course of Employment and DUI Program” restriction.

 

Your restricted license will be valid for 5 months and will only allow you to:

-Drive to, from, and during the period of your employment.

-Drive to and from the location of your DUI program.

 

NOTE: If you don’t complete your DUI program, your CA driver’s license will be suspended for 4 months.

 

If you have been charged with a DUI, call our office to speak with William Daley, an aggressive San Diego DUI lawyer and San Diego criminal defense attorney with over 30 years of experience defending his clients and fighting their DUI charges. Call our office today at (619) 238-1905 for a free consultation.

 

more...
No comment yet.
Scooped by William Daley
Scoop.it!

What should I do if I get caught Shoplifting in California? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley

What should I do if I get caught Shoplifting in California? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley | Interesting Legal Facts | Scoop.it
Shoplifting charges? Criminal / DUI charges? Call (619) 238-1905 for a FREE consultation with San Diego's Top DUI and Criminal Attorney.
William Daley's insight:

Most people arrested for shoplifting are caught in a department or retail store, usually staffed with security personnel and cameras. Many security personnel will act as shoppers to keep an eye on people they suspect of shoplifting. Security will usually wait until the person has left the store and will approach them once outside and ask them to come to a back office with them.

 

When they take you to the back they will try to get you to give a statement admitting to the crime. They might make it seem like they will not call the police or file charges if you do. Don’t get fooled into making a statement! Use your right to remain silent and do yourself and your criminal defense lawyer a favor and don’t make a statement to anyone about anything. It will be much easier to defend your case in court if you say nothing.

 

When police arrive they will usually issue a citation and let you go without taking you to the police station, but they may in some cases and even set a bail amount. You will usually have some time between the arrest and the court date – this is the time to act!

 

There are many programs for people accused of a shoplifting that can be done in lieu of having a criminal case in the court, especially if it is a first time arrest. Even people who have had prior arrests can take advantage of these programs with the help of an experienced criminal defense lawyer. After I arrange my clients’ participation in these programs I have been able to get their shoplifting cases dismissed after meeting with the prosecutor. The most important thing is to call a California criminal defense lawyer who knows how to work the system and stop a criminal case from being filed against you.

 

William Daley is an experienced criminal defense and San Diego DUI lawyer with over thirty years of experience. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!

more...
No comment yet.
Scooped by William Daley
Scoop.it!

Hit and Run - What happens if I leave the scene of an accident in California? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley

Hit and Run - What happens if I leave the scene of an accident in California? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley | Interesting Legal Facts | Scoop.it
Hit and Run charges? Criminal / DUI charges? Call (619) 238-1905 for a FREE consultation with San Diego's Top DUI, Criminal and Injury Attorney.
William Daley's insight:

While reading that question, you may have instantaneously thought of a car accident. However, there are also accidents that involve drugs, damage and death. Between the adrenaline rush, a racing heart, and nerves, people may run or flee the scene. In California this may be considered a misdemeanor or felony depending on the situation, and can result in heavy fines and jail time.

 

Although this rule pertains to all accidents, it is mostly associated with car accidents. California hit and run takes place if someone leaves the scene of an accident without first identifying themselves to the other people involved. It is very important that all involved parties stop immediately after they have been in an accident. Sometimes, the minutes immediately following an accident are crucial to saving a driver or passenger’s life, and for this reason law enforcement comes down hard on drivers who flee the scene of an accident.

 

Misdemeanors usually involve someone fleeing a scene where there is only damage to the other parties’ property as well as minor injuries. A misdemeanor hit and run can get you up to 6 months in jail as well as a heavy fine. In cases where someone other than yourself is seriously injured and possibly dead, you could be charged with a felony, or possibly manslaughter. The prosecutor will look at your criminal history as well as accident details to decide whether or not to charge you with a misdemeanor or felony in those cases where there is injury or death. California hit and run laws still apply whether or not the accident was your fault. If prosecuted as a felony, you could be facing up to $10,000 in fines as well as 16 months to 3 years in prison. However, if someone was killed or permanently disabled, you could be facing 2-4 years.

 

Leaving the scene of any accident is a crime and serious issue. So don’t do it! In any case, if you find yourself in that situation, you can fight it! There are a number of defenses that your California criminal defense attorney can use to help lessen your charges or even get them dropped. If you have been charged with a hit and run or leaving the scene of an accident, it is important you hire an experienced attorney who will work to have this charge reduced or dismissed. William Daley is an experienced criminal defense and San Diego DUI lawyer with over thirty years of experience. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!

more...
No comment yet.
Scooped by William Daley
Scoop.it!

How to Select a Criminal Defense Attorney in San Diego? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley

How to Select a Criminal Defense Attorney in San Diego? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley | Interesting Legal Facts | Scoop.it
Criminal / DUI charges? Injured in an accident? Call (619) 238-1905 for a FREE consultation with San Diego's Top DUI, Criminal and Injury Attorney
William Daley's insight:

When you are charged with a crime, whether it is a Felony or Misdemeanor, DUI or Murder, selecting the best lawyer for you and your case may be the hardest part.  

 

 1) Hire a San Diego criminal defense attorney that has experience in the particular area of defense that you need and has handled cases similar to yours.

 

 2) If you can, hire a private attorney. Public defenders have very little time and resources to work on your case specifically. They are often juggling over two hundred cases and this may jeopardize your ability to have effective representation in court.

 

 3) Determine what qualities are important to you in an attorney. Do you want someone with little experience, who may try to make up for it by charging a smaller fee, or are you looking for someone with a long standing law practice, with well-established credentials?

 

4) Find out what legal organizations the lawyer belongs to. At the very least, he should belong to the County and State Bar Associations. It is best if he also belongs to the National Association of Criminal Defense Lawyers (NACDL) and the State Association of Criminal Defense Lawyers.

 

 5) Determine if he is a lifetime member or has ever held an office in any of the organizations of which he is a member. Bar association commitment and/or activities are good indications of how the lawyer's colleagues feel about him.

 

 6) Check out client reviews on places like Yelp.com, or Avvo.com, etc. The reviews of former clients are a good way to get honest information from someone, other than the attorney, about how he performs in the actual representation of his clients.

 

 7) Don't be fooled by advertising slogans, such as "former deputy district attorney" or "aggressive trial lawyer." Meet the lawyer and decide if you have confidence in his skills and feel comfortable with his analysis of your case. Also remember, if what the lawyer says or promises to do sounds too good to be true, it probably is. Is he scaring you, or promising too much just so you hire him? Or is he giving you an honest evaluation of your case? Which you may not want to hear, but will likely work out best for you in the long run.

 

8) Ask who will work on your case if you hire this attorney, and what their experience level is. Will the attorney that you speak with be the one working on your case, or will it get handed off to another person in the office that you may have never met.

 

To discuss your case confidentially with William Daley, call our office today at (619) 238-1905 for a free consultation. William Daley is a San Diego criminal defense and San Diego DUI lawyer with over 30 years of experience defending his clients and getting their charges reduced or dismissed.

more...
No comment yet.
Scooped by William Daley
Scoop.it!

Can I plead the fifth in California? Do I have to testify? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley

Can I plead the fifth in California? Do I have to testify? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley | Interesting Legal Facts | Scoop.it
Criminal / DUI charges? Injured in an accident? Call (619) 238-1905 for a FREE consultation with San Diego's Top DUI, Criminal and Injury Attorney
William Daley's insight:

In criminal law, "taking the Fifth," also called "pleading the Fifth," is when you refuse to testify under oath because your answers could later be used to incriminate yourself. This right comes from the Fifth Amendment of the Bill of Rights in our U.S. Constitution.

 

Typically, you would plead the Fifth when you’re called to testify in a trial or when being deposed. However, much of the public confuses taking the Fifth with an excuse to avoid testifying. In actuality, you can't refuse to answer any relevant question, unless the answer will incriminate you. If your answers to the questions could be used to convict you of a crime, you can assert this right.

 

You can only take the Fifth to avoid answering incriminating questions in matters where you're a witness. If you're charged with a crime and choose to take the stand to testify in your own defense, you can't take the Fifth to avoid questions by the prosecution. You can, however, choose not to testify at all, and avoid all questioning on the witness stand.

 

There are some exceptions to these rules. Because federal grand juries have the power to subpoena people and force them to take the witness stand, defendants in such proceedings generally refuse to answer any questions, citing their Fifth Amendment rights. However, if the defendant does choose to answer EVEN ONE question during the proceeding, the protection of the Fifth Amendment is lost.

 

Although the Fifth Amendment generally only protects you against matters that may later be used against you, in some cases the spousal privilege protects you against making incriminating statements against your spouse.

 

Also, the Fifth Amendment doesn't protect you from having to answer questions in civil cases once there is no possibility of a criminal charge. For example, this could be so once the criminal case is resolved, or if the statute of limitations has passed and you can no longer be charged.

 

You could ask for immunity for your actions in exchange for your testimony. This could reduce or dismiss any charges coming from your testimony. Remember, taking the Fifth offers some protection, but there are other ways the court can make you testify.

 

If you or a loved one is arrested, you will need an experienced and aggressive attorney to defend you. William Daley is a San Diego criminal defense and San Diego DUI lawyer with over thirty years of experience defending his clients and getting their charges reduced or dismissed. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!

more...
No comment yet.
Scooped by William Daley
Scoop.it!

How do you file a lawsuit against a government agency in California? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley

How do you file a lawsuit against a government agency in California? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley | Interesting Legal Facts | Scoop.it
Criminal / DUI charges? Injured in an accident? Call (619) 238-1905 for a FREE consultation with San Diego's Top DUI, Criminal and Injury Attorney
William Daley's insight:

Suing a government agency in the United States can be an intimidating ordeal, but if you feel like you or your property has been damaged or violated, it may be necessary. First off, contact a lawyer before you take any action. This can be a nerve-wrecking process and having a lawyer handling most of the headache for you will help.

 

You must first file a written "claim of damages" with the public agency (a claim that states what damages have been caused by the agency - also known as a "Government Code Section 911.30 claim"). These forms are provided by the government agency you are filing a claim against and usually on their website. Claim forms for claims against the state of California will also be available with the State Board of Control in Sacramento. Although you are not limited to these forms, they make the process much easier. There is a small fee associated with this filing but some people may qualify for a fee waiver.

 

This claim must be made within six months for any death or injury to a person, personal property, or growing crops. Any other claim must be filed within one year.

 

If you missed the deadline to file a claim with the government agency, you must file a "leave to present a late claim within one year." This needs to be accompanied by a claim form as well as a letter of explanation as to why your claim is late. A few reasons that may allow a late claim are:

 

-Claimant was a minor during all of the time allotted

-Claimant was physically or mentally incapacitated during all of the time allotted

-Injured person died before the expiration of the time allotted

-The defendant lived outside of the state or was in prison for a time.

 

After you file the claim, one of three things will happen:

 

1.It will have been reviewed and approved. You will be contacted and will be paid a settlement.

2.It will have been denied. You will now have to file a suit if you want to continue to matter or;

3.You will have heard nothing. The board has 45 days to review and respond. If you do not hear from them after this time frame, the claim is deemed rejected.

 

In order to file a lawsuit, the claim must have been rejected. A copy of this rejection letter also must be submitted at the time of filing the lawsuit. Your suit must be filed in court not later than six months after your claim was rejected or within two years of the incident if no rejection was received.

 

For more information on suing and filing lawsuits, visit our website http://www.lawofficeofwilliamdaley.com/ .

William Daley is an experienced criminal defense and San Diego DUI lawyer with over thirty years of experience defending his clients and getting their charges reduced or dismissed. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!

more...
No comment yet.
Scooped by William Daley
Scoop.it!

San Diego DUI checkpoint requirements - Can my DUI be dismissed because of police misconduct? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley

San Diego DUI checkpoint requirements - Can my DUI be dismissed because of police misconduct? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley | Interesting Legal Facts | Scoop.it
Criminal / DUI charges? Injured in an accident? Call (619) 238-1905 for a FREE consultation with San Diego's Top DUI, Criminal and Injury Attorney
William Daley's insight:

In California, DUI checkpoints must follow certain legal requirements. If they do not, an experienced DUI attorney may be able to have your charge reduced or dismissed.

 

Legal defenses to a DUI checkpoint include:

 

-supervising officers were not present or in charge of the roadblock,

there was no adequate warning of the upcoming checkpoint,

 

-there was no available route for a driver to drive away from the sobriety checkpoint

 

-If you choose to exercise this right, you cannot legally be stopped for doing so unless you (1) commit a traffic violation, or (2) display signs of obvious intoxication)

 

There are many other DUI defenses that can be used to help your case and the fact that the stop was at a checkpoint becomes irrelevant.

 

Note that if you are arrested at a checkpoint for driving without a license, your car will be impounded for 30 days, regardless of whether or not you were impaired.

 

If you have been charged with DUI, and experienced DUI attorney can help reduce or dismiss your charges. Call the Law Office of William Daley at (619) 238-1905 for a free consultation. William Daley is an experienced criminal defense and San Diego DUI lawyer with over thirty years of experience defending his clients and getting their charges reduced or dismissed. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!

more...
No comment yet.
Scooped by William Daley
Scoop.it!

CALIFORNIA FORGERY LAWS - California Penal Code 470 | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley

CALIFORNIA FORGERY LAWS - California Penal Code 470 | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley | Interesting Legal Facts | Scoop.it
Criminal / DUI charges? Injured in an accident? Call (619) 238-1905 for a FREE consultation with San Diego's Top DUI, Criminal and Injury Attorney
William Daley's insight:

The California crime of forgery takes place when you knowingly do any of the following, intending to commit a fraud:

 

-Sign someone else's name,

-Fake a seal or someone else's handwriting,

-Change or falsify any legal document (like a will or a deed), or

-Fake, alter, or present as genuine a false document pertaining to money, finances, or property (like a check or a promissory note).

 

California Penal Code 470 may be charged as a misdemeanor or felony, depending on the circumstances of the crime and your criminal history.

 

Potential penalties for a misdemeanor California forgery conviction include:

 

1. Up to 1 year in county jail,

2. A fine of up to one thousand dollars,

3. Informal (also known as summary) probation, and/or

4. Payment of restitution to any victims.

 

If you are charged with felony forgery, the penalties may include:

 

1. 16 months, 2 years or 3 years in prison,

2. A fine of up to ten thousand dollars,

3. Informal or formal probation, and/or

4. Payment of restitution to any victims.

 

If you or someone you know has been charged with forgery, call the Law Office of William Daley at (619) 238-1905 for a free consultation. William Daley is an experienced criminal defense and San Diego DUI lawyer with over thirty years of experience defending his clients and getting their charges reduced or dismissed. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!

more...
No comment yet.
Scooped by William Daley
Scoop.it!

California Trespass Laws – What happens if I’m caught on someone else’s property? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley

Criminal / DUI charges? Injured in an accident? Call (619) 238-1905 for a FREE consultation with San Diego's Top DUI, Criminal and Injury Attorney
William Daley's insight:

California Penal Code 602 PC (and its related sections) penalizes over 30 acts that are considered criminal trespassing. The most common acts that California trespassing laws prohibit are:

 

-entering someone else's property with the intent to damage that property,

-entering someone else's property with the intent to interfere with or obstruct the business activities conducted thereon,

-entering and occupying another's property without permission, and

-refusing to leave private property after you've been asked to do so.

 

Despite the various acts that can be charged as trespassing, they all include:

 

1.the fact that you willfully enter someone else's property,

2.with the specific intent to interfere with that person's property rights.

 

California trespassing laws can be filed as infractions, misdemeanors, or felonies.

 

Misdemeanor Penal Code 602 violations subject you to up to six months in a county jail and a maximum $1,000 fine. However, certain violations will raise your jail sentence to one year.

 

You may be charged with a felony if you commit a California "aggravated" criminal trespass (if you threaten to injure another person seriously and, within 30 days of making that threat, unlawfully enter that person's home or workplace intending to carry out your threat).

 

Aggravated trespass can be charged as a misdemeanor or a felony, depending on:

 

1.the circumstances of the offense, and

2.your criminal history.

 

A misdemeanor conviction for aggravated trespass subjects you to a maximum one-year in the county jail and a maximum $2,000 fine. A felony conviction for this offense subjects you to the same fine and 16 months, or two or three years in the California State Prison.

 

If you are accused of this offense, you may also be charged with making criminal threats and/or burglary.

 

If you have been charged with trespassing, it is important you hire an experienced attorney who will work to have this charge reduced or dismissed. William Daley is an experienced criminal defense and San Diego DUI lawyer with over thirty years of experience defending his clients and getting their charges reduced or dismissed. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!

more...
No comment yet.
Scooped by William Daley
Scoop.it!

What are California’s Self-Defense Laws? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley

What are California’s Self-Defense Laws? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley | Interesting Legal Facts | Scoop.it
Criminal / DUI charges? Injured in an accident? Call (619) 238-1905 for a FREE consultation with San Diego's Top DUI, Criminal and Injury Attorney
William Daley's insight:

Under California law, you act in lawful self-defense if you:

 

1. reasonably believe that you are in imminent danger of being killed, seriously injured, or unlawfully touched,

2. believe that immediate force is necessary to prevent that danger, and

3. use no more force than necessary to defend against that danger.

 

If these requirements are met, self-defense can serve as a complete defense to a California violent crime if you are forced to kill or injure another.

 

The general rule under California self-defense law is that you are only allowed to use enough force to combat the force being used against you.

 

You must prove that another was about to kill, seriously injure, or unlawfully touch you. A threat of future harm (regardless of how significant the harm may be) will not suffice, as the danger must be immediate.

 

In addition, prior threats are not sufficient for this defense if they are not coupled with an overt act demonstrating an immediate intention of executing the threat. However, if you have previously been threatened by your attacker, you are entitled to act more quickly and with more force than someone who has not been threatened. Deadly force, however, may only be justified if you are about to suffer great bodily injury or death and if there is no other alternative.

 

Even if you are the aggressor in the fight, you may plead self-defense if:

 

1. you make a good faith effort to stop fighting and clearly indicate that you are trying to do so (but the other party doesn't stop fighting), or

2. the other party counters your initial non deadly attack with deadly force.

 

If you have been charged with a violent crime, an experienced attorney can prove that you acted in self-defense and have your charges reduced or dismissed. Call the Law Office of William Daley at (619) 238-1905 for a free consultation. William Daley is an experienced criminal defense and San Diego DUI lawyer with over thirty years of experience defending his clients and getting their charges reduced or dismissed. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!

more...
No comment yet.
Scooped by William Daley
Scoop.it!

What are the penalties for Carjacking in California? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley

What are the penalties for Carjacking in California? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley | Interesting Legal Facts | Scoop.it
Criminal / DUI charges? Injured in an accident? Call (619) 238-1905 for a FREE consultation with San Diego's Top DUI, Criminal and Injury Attorney
William Daley's insight:

California Penal Code 215 PC states in part that:

 

"Carjacking is the felonious taking of a motor vehicle in the possession of another, from his or her person or immediate presence, or from the person or immediate presence of a passenger of the motor vehicle, against his or her will and with the intent to either permanently or temporarily deprive the person in possession of the motor vehicle of his or her possession, accomplished by means of force or fear."

 

In order to convict you of carjacking, the prosecutor must prove:

 

1. a person had possession of a car,

2. you took that car from his/her immediate presence (or from the passenger's immediate presence),

3. against his/her will by force or fear, and

4. with the intent to deprive that person of that car either permanently or temporarily.

 

Carjacking is a felony, punishable by:

 

probation and up to one year of county jail, or three, five or nine years in the California state prison and a maximum $10,000 fine.

 

Note that you face this punishment for EACH victim that is present in the car at the time of the carjacking.

 

In addition to these penalties, there are a variety of sentencing enhancements that are applicable to carjacking such as if you:

 

1. injure a victim,

2. use a gun,

3. commit the offense for the benefit of a gang , or

4. kidnap an individual during the carjacking.

 

Also, carjacking is a strike under California's three strikes law, which means that you must serve at least 85% of your sentence before you will be eligible for parole.

 

California takes offenses involving carjacking very seriously and you need an aggressive California criminal defense attorney who knows how to defend a person from these charges. William Daley is an experienced criminal defense and San Diego DUI lawyer with over thirty years of experience defending his clients and getting their charges reduced or dismissed. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!

more...
No comment yet.
Scooped by William Daley
Scoop.it!

How can I obtain early termination of probation in California? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley

How can I obtain early termination of probation in California? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley | Interesting Legal Facts | Scoop.it
Criminal / DUI charges? Injured in an accident? Call (619) 238-1905 for a FREE consultation with San Diego's Top DUI, Criminal and Injury Attorney
William Daley's insight:

Penal Code 1203.3 gives the court the discretion to grant a request for early termination of probation at any time during the probation period.

 

Before terminating your probation early, the judge will want to ensure that:

 

1. you have successfully completed the terms of your probation (such as fines, classes or restitution), and

2. there are circumstances that justify early termination.

 

WHAT ARE THE BENEFITS?

 

Depending on the circumstances of your crime…

 

-the earlier you terminate your probation, the earlier you can expunge your criminal record

-have your information removed from Megan's List

-obtain relief from Penal Code 290 PC lifetime duty to register as a sex offender

-restore your California gun rights

-eliminate the risk that you could be charged with a probation violation

 

If you would like to terminate your probation, contact the Law Office of William Daley at (619) 238-1905 for a free consultation. With over 30 years of experience, William Daley is a San Diego criminal defense lawyer and San Diego DUI attorney who will fight to terminate your probation and get your freedom back. For addition information regarding probation and other criminal matters, visit our website: lawofficeofwilliamdaley.com

more...
No comment yet.
Scooped by William Daley
Scoop.it!

What happens at a California DUI DMV hearing? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley

What happens at a California DUI DMV hearing? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley | Interesting Legal Facts | Scoop.it
Criminal / DUI charges? Injured in an accident? Call (619) 238-1905 for a FREE consultation with San Diego's Top DUI, Criminal and Injury Attorney
William Daley's insight:

At a DMV hearing, a DMV officer plays the role of judge, jury, and prosecutor. The DMV officer determines:

 

1) whether you were driving,

2) whether the arresting officer had reasonable suspicion to stop you,

3) probable cause to arrest you, and

4) whether your blood-alcohol level was .08% or more.

 

If your California DUI attorney can prove that one of these four elements is missing, then you win the hearing and your license is not suspended. If you hire an attorney, your attorney will appear for you at the DMV hearing, and you can avoid the inconvenience and embarrassment of going to the DMV hearing or appearing in court in front of the judge during your criminal case.

 

Within 10 days of your DUI incident, the DMV will suspend your license if you or your DUI attorney do not request a DMV hearing.  The Law Office of William Daley will schedule your DMV hearing for you and fight to keep your license, as well as fight for you in your criminal case.

 

Call our office today to speak with William Daley, an aggressive San Diego DUI lawyer with over 30 years of experience defending his clients and fighting their DUI charges. Call our office today at (619) 238-1905 for a free consultation.

more...
No comment yet.
Scooped by William Daley
Scoop.it!

California Child Abuse Laws - Can I legally spank my child? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley

California Child Abuse Laws - Can I legally spank my child? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley | Interesting Legal Facts | Scoop.it
Child Abuse charges? Criminal / DUI charges? Call (619) 238-1905 for a FREE consultation with San Diego's Best Affordable, Aggressive DUI and Criminal Attorney.
William Daley's insight:

California Penal Code 273d PC punishes “corporal injury or punishment on a child” commonly referred to as child abuse. This offense is known as a “wobbler,” meaning that it can be charged as a misdemeanor or a felony, depending on the facts of your case and your criminal history. Less serious acts or injuries will be charged as misdemeanors and those more serious will be charged as felonies.

 

Under this law, child abuse is described as the willful infliction of cruel or inhuman corporal punishment or any injury that results in a traumatic condition. Meaning if you intentionally harm a child and it results in a visible or internal injury, even if it is minor, you may still be charged.

 

Some examples include: hitting, punching, slapping, kicking, pushing, shaking, choking, burning, or throwing an object at a child.

 

Spanking is usually not considered child abuse because parents have a right to discipline their children “reasonably” in a manner they see fit. Spanking, when used to discipline, is not considered child abuse under California law unless it becomes unreasonable, excessive, or causes bodily injury.

 

There is no specific definition of what qualifies as child abuse under California Penal Code 273d PC. The jury will review the circumstances surrounding the incident to decide whether or not it was abuse.

 

Defenses to Penal Code 273d - Child Abuse include:

-False allegations of child abuse

-Injuries caused by things other than child abuse

-Parent's right to discipline

-The injury is a result of an accident

 

If you are charged with child abuse, it is important that you hire a knowledgeable California criminal defense lawyer who can convince the court that the alleged punishment was a reasonable means of discipline. Additionally, false allegations of child abuse or misleading evidence can destroy your family, reputation, career, and freedom.

 

William Daley is an aggressive criminal defense and San Diego DUI lawyer with over thirty years of experience. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!

more...
No comment yet.
Scooped by William Daley
Scoop.it!

Can I be pulled over for “weaving” or “swerving” in California? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley

Can I be pulled over for “weaving” or “swerving” in California? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley | Interesting Legal Facts | Scoop.it
Criminal / DUI charges? Call (619) 238-1905 for a FREE consultation with San Diego's Top DUI, Criminal and Injury Attorney.
William Daley's insight:

Have you ever been pulled over and detained by a police officer who told you that they were reasonably suspicious because you were "weaving or swerving"? Did the officer then search your car or arrest you for driving under the influence?

 

Most people are not aware that there are no sections in the Vehicle Code that prohibits weaving. Weaving within your lane or even touching the dividing lines is not a violation.

 

However, Section 21658 of the California Vehicle Code is known as a "Lane Straddling" violation:

 

"Whenever any roadway has been divided into two or more clearly marked lanes for traffic in one direction, the following rules apply: (a) A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until such movement can be made with reasonable safety."

 

However, in 2002, the decision in a 9th Circuit case, United States v. Colin, states that to violate a lane straddling statute you must do more than simply touch the dividing line.

 

Therefore, an officer cannot justify a traffic stop on a violation of Vehicle Code section 21658 if the driver is weaving within their lane, even if they touched the dividing line.

 

On the other hand, the Courts in California have held that pronounced weaving within a lane for substantial distance provides "reasonable suspicion" for a stop. In the case of People v. Perez (1985) the following occurred: an officer observed a driver weaving within his lane two feet in each direction for approximately ¾ of a mile. The Court found that there was a "reasonable suspicion" of intoxication and held that "pronounced weaving within a lane provides an officer with reasonable cause to stop a vehicle on suspicion of driving under the influence when such weaving continues for a substantial distance."

 

If a police officer said that he/she pulled you over because you were weaving, I will take a close look at whether the weaving was legally considered weaving over a substantial distance. If it isn’t substantial, a suppression motion must be made to suppress the evidence. Suppressing the evidence will have all evidence against your case thrown out based on the fact that there wasn’t a valid reason for you to be pulled over.

 

William Daley is an experienced criminal defense and San Diego DUI lawyer with over thirty years of experience. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!

more...
No comment yet.
Scooped by William Daley
Scoop.it!

What is Considered "Entrapment" in California? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley

What is Considered "Entrapment" in California? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley | Interesting Legal Facts | Scoop.it
Criminal / DUI charges? Injured in an accident? Call (619) 238-1905 for a FREE consultation with San Diego's Top DUI, Criminal and Injury Attorney
William Daley's insight:

Under California law, entrapment refers to a situation where a normally law abiding person is induced to commit a crime that he/she otherwise would not have committed.

 

Official conduct that constitutes entrapment under California law:

 

-pressure

-harassment or threats

-fraud

 

Official permissible conduct not subject to California entrapment law:

 

-presenting an opportunity to participate in criminal activity

-initiating the criminal activity

-undercover operations

-reasonable assurances that you're not being "set up"

 

Entrapment will not serve as a defense if the officer simply offers you the opportunity to participate in an illegal activity. The courts believe that reasonable people presented with a simple opportunity to commit a crime resist the temptation to do so.

 

If you believe you are a victim of entrapment, contact the Law Office of William Daley at (619) 238-1905 for a free consultation. William Daley is a San Diego criminal defense and San Diego DUI lawyer with over 30 years of experience defending his clients and getting their charges reduced or dismissed. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today! For additional information, visit our website: http://www.lawofficeofwilliamdaley.com/

more...
No comment yet.
Scooped by William Daley
Scoop.it!

"House Arrest" & "Home Confinement" as Jail Alternatives in California | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley

Criminal / DUI charges? Injured in an accident? Call (619) 238-1905 for a FREE consultation with San Diego's Top DUI, Criminal and Injury Attorney
William Daley's insight:

House arrest (also known as home confinement, home detention, or electronic monitoring) is a type of alternative sentencing that gives a convicted defendant alternatives to a jail or prison sentence.

 

What is House Arrest?

 

When a judge places you on house arrest, you must abide by specific terms and conditions which may include:

curfew restrictions,random drug testing, and/orin-office face-to-face meetings or home visits with your probation or parole officer.

 

Depending on the severity of your offense and your criminal record, you may be allowed to:

work or attend school,travel to medical appointments,attend and participate in counseling appointments, alcohol / drug classes, community service, etc.,tend to family obligations, andparticipate in any other court-approved activities,

provided that you only travel to/from court-approved appointments/locations and are in your home when you are otherwise required to be there.

 

How Do the Courts Monitor Home Confinement?

House arrest is monitored via electronic monitoring. Electronic monitoring is administered in a number of ways, depending on the county in which you live. Some are:

 

Basic electronic transmission - Here, you will be fitted with an ankle transmitter and a home monitoring unit.

 

Global Positioning System (GPS) - GPS tracking allows the supervising agency to create specific inclusion and exclusion zones, mapping, and tracking. The agency knows your exact whereabouts at all times.

 

The Secure Continuous Remote Alcohol Monitor (SCRAM) device - Judges only order the SCRAM device for the defendant who has been convicted of alcohol-related offenses (or who the judge believes may have an issue with alcohol). This alcohol bracelet continuously monitors alcohol concentration, not your whereabouts.

 

What if I violate my probation?

If a judge believes that you have violated the terms of your home detention, he/she may revoke your house arrest and order you to serve the remainder of your sentence in jail or prison.

 

It is essential to have an experienced California criminal defense attorney to help you through this process. You need a lawyer who knows the most persuasive arguments to convince a judge to allow you to do home detention, as well as a lawyer who can convince a judge to allow you another opportunity to comply with home confinement, before incarceration is imposed after a probation violation.

 

For questions about California house arrest, or to discuss your case confidentially with William Daley, call our office today at (619) 238-1905 for a free consultation. William Daley is a San Diego criminal defense and San Diego DUI lawyer with over thirty years of experience defending his clients and getting their charges reduced or dismissed.

more...
No comment yet.
Scooped by William Daley
Scoop.it!

Why do crime rates peak around Christmas? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley

Why do crime rates peak around Christmas? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley | Interesting Legal Facts | Scoop.it
Criminal / DUI charges? Injured in an accident? Call (619) 238-1905 for a FREE consultation with San Diego's Top DUI, Criminal and Injury Attorney
William Daley's insight:

Why do crime rates go up around the Christmas Season? What does December have to do with the behavior of people?

 

Statistically, there is more crime committed during the months of November and December. Some crimes regularly committed during these months are shoplifting, fraud, false pretenses, breaking into cars and forgery.

 

Crime, specifically robbery, is especially high in and around commercial areas and malls during the holiday season. Shoppers need to be cautious when carrying items back to their cars. It is a good idea to shop with another person or have security walk you to your car. If you feel uncomfortable or as if someone is following you, go back inside of the store.

 

Police believe robbery goes up during the holiday season because people cannot afford certain things or want to give a nice Christmas to someone else.

 

It said that winter months leading up to Christmas are when domestic robberies have recently been at their highest. In line with this, warnings are given out to homeowners that Christmas gifts can make an attractive target for thieves.

 

Though there is no good time to get arrested, if you or a loved one does, remember to call San Diego Criminal Defense – San Diego DUI Attorney, William Daley to set up your free consultation. William Daley is an experienced criminal defense and San Diego DUI lawyer with over thirty years of experience defending his clients and getting their charges reduced or dismissed. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today! Happy Holidays!

more...
No comment yet.
Scooped by William Daley
Scoop.it!

What do I do if falsely accused of a crime in California? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley

What do I do if falsely accused of a crime in California? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley | Interesting Legal Facts | Scoop.it
Criminal / DUI charges? Injured in an accident? Call (619) 238-1905 for a FREE consultation with San Diego's Top DUI, Criminal and Injury Attorney
William Daley's insight:

Believe it or not, many people who are convicted of a crime and end up in prison were falsely accused. Although the American criminal justice system works in most cases, not all juries get things right, and the consequences can be tragic. The best way to avoid such an unjust result and ensure the proper outcome when faced with criminal accusations is to immediately seek counsel from the best criminal defense attorneys available. A skilled and knowledgeable San Diego criminal defense lawyer knows their way around the criminal justice system and can navigate through the complex procedures to ensure the fairest possible conclusion.

 

False-accusation Cases Involve the Same Procedures as All Criminal Cases

 

Being falsely accused of a crime often does not alter the way the case is handled.  A defendant should never believe that because he or she is innocent and has nothing to hide, there is no need for legal representation. In fact, there is perhaps an even greater need for legal advocacy in the case of an individual who did not do what he or she is charged with doing. On the other hand, some falsely accused defendants will still negotiate a plea agreement with the prosecutor in order to avoid a trial and even the possibility of conviction and jail time. In certain cases, pleading guilty to a lesser offense may be the best option, even for innocent defendants, although this choice is always left to the accused himself or herself, and some defendants justifiably refuse to admit to doing anything they did not do. Experienced criminal defense attorneys are in the best position to explain the criminal justice system to their clients and to advise them on the best tactics in a particular case.

 

Wrongfully Accused Defendants May Have Recourse in the Civil Courts

 

If someone is falsely accused of a crime, pleads not guilty, and the charges are dismissed, he or she may be able to file suit against the person who brought the charges. In a malicious prosecution case, the wrongfully accused plaintiff can recover his or her actual injuries, which include attorneys' fees to defend the underlying case in criminal court, the cost of any bail bond, lost wages, damages for embarrassment and humiliation, and damages for harm to his or her reputation. In some cases, punitive damages may also be awarded, above and beyond the actual damages suffered, in order to punish the person who raised the wrongful accusations and to discourage others from engaging in similar conduct.

 

A person falsely accused of committing a crime faces many of the same challenges as a guilty criminal defendant and has the same, if not an even greater, need for competent legal counsel. When your life is on the line, experience counts.

 

If falsely accused in San Diego County, call San Diego's top Criminal Defense lawyer, William Daley at (619) 238-1905 for a free consultation. William Daley is an experienced criminal defense and San Diego DUI lawyer with over thirty years of experience defending his clients and getting their charges reduced or dismissed. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!

 

more...
No comment yet.
Scooped by William Daley
Scoop.it!

What is a 1203.03 Sentence Evaluation in San Diego? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley

What is a 1203.03 Sentence Evaluation in San Diego? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley | Interesting Legal Facts | Scoop.it
Criminal / DUI charges? Injured in an accident? Call (619) 238-1905 for a FREE consultation with San Diego's Top DUI, Criminal and Injury Attorney
William Daley's insight:

Some San Diego California Criminal Defense attorneys, as a tactic for bargaining down a potential prison sentence to a sentence of straight probation, ask that a client be sent out for a 1203.03 90-day diagnostic evaluation.

 

Some Judges like using that to scare a defendant and give him a taste of what it's like in state prison, then bring the defendant back and put him or her on probation.

 

What happens during a 1203.03 evaluation is during the 90 days the defendant is interviewed by a psychologist or psychiatrist and the prison personnel. They write a report to the judge giving him or her their opinion about the defendant and what an appropriate punishment would be. Depending on the crime committed, the defendant's background and attitude, the recommendation can be anything from a state prison commitment to straight probation.

 

After the 90-day diagnostic is completed (which many times takes less than 90 days), the defendant is sent back to the judge for sentencing where the judge reads the report, gets input from the attorney and prosecutor, then makes a decision as to what the defendant's punishment is going to be.

 

Though the outcome is up to the judge, a good San Diego Criminal defense lawyer can usually get a judge to agree that after the evaluation, if there aren’t any problems that come up, the client will be released on straight probation. William Daley is an experienced criminal defense and San Diego DUI lawyer with over thirty years of experience defending his clients and getting their charges reduced or dismissed. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!

more...
No comment yet.
Scooped by William Daley
Scoop.it!

Can I do Drug Diversion PC 1000 in California? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley

Can I do Drug Diversion PC 1000 in California? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley | Interesting Legal Facts | Scoop.it
Criminal / DUI charges? Injured in an accident? Call (619) 238-1905 for a FREE consultation with San Diego's Top DUI, Criminal and Injury Attorney
William Daley's insight:

Can I do Drug Diversion PC 1000 in California?

 

A San Diego criminal defense attorney can guide you through the multiple drug diversion programs and options which defendants have in a criminal case. Under California Penal Code Section 1000 a defendant may receive a deferred entry of judgment by pleading guilty to the offense and agreeing to enter into a drug program. The guilty plea is deferred until the individual successfully completes the drug program. After successful completion of the drug program the criminal proceedings are dismissed. Successful completion of a drug program under PC 1000 also gives an individual the right to answer that they have never been arrested for or charged with the drug offense.

 

Increasing drug prosecution in San Diego along with drug related task forces like the Sheriffs' Oxy-Task force have made the use of drug diversion and deferred sentences a powerful and essential tool for managing and successfully disposing of drug offenses.

There are multiple deferrable offenses, drug offenses that fall within the provisions of PC 1000:

 

•Possession of a controlled substance (restricted drug) H. & S. 11350

•Possession of marijuana H. & S. 11357

•Possession of drug paraphernalia H. & S. 11364

•Aiding, assisting or abetting the unlawful use of controlled substances H& S11365

•Possession of non-narcotic prescription drugs without a prescription H. & S.11377

•Possession of prescription drugs without a prescription Business & Professions Code 4060

•Cultivation of marijuana for personal use H. & S. 11358

•Creating or using a forged or altered narcotic prescription, where the drug obtained was for personal use and not sold or furnished to another H. & S.11368

•Possession of marijuana while driving Vehicle Code 23222(b)

•Using or being under the influence of a controlled substance H. & S. 11550; Penal Code 647(f)

•Solicitation of commit a felony (applies where solicitation was for personal use only) Penal Code 653(f)

 

Other Requirements: For a criminal defendant in San Diego he or she cannot have any existing or prior convictions relating to controlled substances. The underlying offense of an individual seeking deferred entry of judgment under the PC 1000 program cannot be a crime of violence or threatened violence. A person who is charged with both being under the influence of a controlled substance H. & S. 11550 along with driving under the influence of alcohol and a controlled substance would likely be denied deferred entry of judgment.

A person who was or is on probation or parole for a prior offense must have successfully completed them. A defendant who had his prior probation or parole revoked will not be eligible for PC 1000 drug diversion.

 

A defendant may not be eligible for deferred entry of judgment or drug diversion if he has completed or been terminated from diversion or deferred entry of judgment or received a felony conviction within the last 5 years.

 

Call us today to confidentially discuss your case and eligibility for PC 1000. William Daley is an experienced criminal defense and San Diego DUI lawyer with over thirty years of experience defending his clients and getting their charges reduced or dismissed. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!

more...
No comment yet.
Scooped by William Daley
Scoop.it!

What are California’s “Cyberstalking” Laws? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley

What are California’s “Cyberstalking” Laws? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley | Interesting Legal Facts | Scoop.it
Criminal / DUI charges? Injured in an accident? Call (619) 238-1905 for a FREE consultation with San Diego's Top DUI, Criminal and Injury Attorney
William Daley's insight:

Cyberstalking is a violation categorized under the California stalking laws.

 

As defined in Penal Code 646.9, cyberstalking is defined as:

 

“Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking..."

 

For the purposes of the term “credible threat”, the code also states that a credible threat can be described as:

 

“a verbal or written threat, including that performed through the use of an electronic communication device, or a threat implied by a pattern of conduct or a combination of verbal, written, or electronically communicated statements and conduct, made with the intent to place the person that is the target of the threat in reasonable fear for his or her safety or the safety of his or her family, and made with the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her family. It is not necessary to prove that the defendant had the intent to actually carry out the threat. The present incarceration of a person making the threat shall not be a bar to prosecution under this section” (Penal Code 646.9)

 

The following may be considered cyberstalking:

 

-unwanted threatening or harassing emails

 

-unwanted and/or disturbing pages, instant messages, text or “sext” messages (explicit photos or messages from cell phone to cell phone)

 

-posing as another person in a chat room and writing things on behalf of that individual that are intended to anger other chat room participants

 

-posting embarrassing or humiliating information about the alleged victim

 

-posting personal information (including a phone number, address, workplace, etc.) about another person encouraging others to harass that person

 

-logging into on-line accounts to empty a person's bank account or ruin a person's credit

 

If you or someone you know has been charged with cyberstalking, you need an aggressive attorney to find the defense that is right for you. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 for a FREE 30 minute consultation. William Daley is an experienced criminal defense and San Diego DUI lawyer with over thirty years of experience defending his clients and getting their charges reduced or dismissed. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!

more...
No comment yet.
Scooped by William Daley
Scoop.it!

What happens if I get caught with marijuana in California? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley

What happens if I get caught with marijuana in California? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley | Interesting Legal Facts | Scoop.it
Criminal / DUI charges? Injured in an accident? Call (619) 238-1905 for a FREE consultation with San Diego's Top DUI, Criminal and Injury Attorney
William Daley's insight:

In order to be convicted of HS 11357 California's "personal possession of marijuana" law, the prosecutor must prove that:

 

1.you possessed marijuana,

2.you knew that you possessed marijuana,

3.you knew it was a drug, and

4.you possessed enough marijuana that it could be used as a drug.

 

What are the penalties?

 

As of January 1, 2011, possessing less than one ounce or 28.5 grams of marijuana (other than concentrated cannabis) is an infraction, punishable by a maximum fine of $100.

 

However, if you are over 18 and possess less than one ounce of marijuana (other than concentrated cannabis) on school grounds while the school is open for classes or school-related activities, you face a misdemeanor punishable by up to ten days in a county jail and a maximum $500 fine.

 

And if you are under 18 and are convicted under these same circumstances, you face a maximum fine of $250 for a first offense. A second offense is punishable by up to $500 and a maximum ten-day commitment to a juvenile detention facility.

 

If you are convicted of possessing more than one ounce of marijuana (other than concentrated cannabis) you face a maximum of six months in the county jail and a maximum fine of $500.

 

Possessing any amount of concentrated cannabis (any amount that is still consistent with a personal possession charge and not a sales charge) is an offense that the prosecutor may file as either a misdemeanor or a felony, depending on

 

1.the specific facts of your case, and

2.your criminal history.

 

A conviction for this offense as a misdemeanor subjects you to a maximum $500 fine and up to one year in a county jail. A conviction for this offense as a felony subjects you to 16 months, or two or three years in the California state prison.

 

Additional penalties?

 

If you are under 21 but over 13 and are convicted of any of the offenses outlined above, your driver's license or privilege to obtain a driver's license will be suspended for one year. This penalty will be imposed for each conviction under this law or any other drug-related law.

 

If, however, you are not convicted of any further drug or alcohol-related offenses within a 12-month period following your initial conviction, the court has the discretion to override the suspension.

 

What about medical marijuana?

 

Health and Safety Code 11362.5 California's Compassionate Use Act authorizes the use of medical marijuana. If you possess marijuana because you have personal medical needs or are the primary caregiver of a patient with a medical need and possess the drugs exclusively for that patient, and a doctor recommended or approved marijuana to help treat the condition, you are not guilty of a crime.

 

However, in order for a medical marijuana defense to apply, you must only possess an amount of marijuana that is reasonably related to the patient's medical needs.

 

If you have been charged with possession of marijuana, you need an experienced attorney to fight to have this charged reduced or dismissed. William Daley is an experienced criminal defense and San Diego DUI lawyer with over thirty years of experience defending his clients and getting their charges reduced or dismissed. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!

more...
No comment yet.
Scooped by William Daley
Scoop.it!

How can I get my DUI reduced to a wet-reckless? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley

How can I get my DUI reduced to a wet-reckless? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley | Interesting Legal Facts | Scoop.it
Criminal / DUI charges? Injured in an accident? Call (619) 238-1905 for a FREE consultation with San Diego's Top DUI, Criminal and Injury Attorney
William Daley's insight:

How can I get my DUI reduced to a wet-reckless?

 

A wet-reckless is a charge that is only offered as a plea bargained settlement in place of a DUI (under Vehicle Code 23103 per 23103.5 VC).

 

In a California wet-reckless charge, the word “wet” implies that you were involved in an alcohol or drug related offense.

 

A DUI charge is most likely to be reduced to a wet reckless when:

 

1. your blood alcohol concentration (BAC) is close to 0.08%, or

2. there are some other weaknesses in the "People's" case against you, so

3. the prosecutor would rather see you convicted of an offense than risk losing at trial.

 

What are the Advantages to a Wet Reckless?

 

-No mandatory sentencing enhancements for repeat offenders

-Shorter county jail sentence

-Shorter probation period

-Lesser fines

-No mandatory license suspension

-Shorter DUI school

 

To reduce a DUI charge to a wet-reckless, you must hire a skilled and experienced San Diego DUI attorney to bargain this charge down. Call our office today to speak with William Daley, an aggressive San Diego DUI lawyer and San Diego criminal defense attorney with over 30 years of experience defending his clients and fighting their DUI charges. Call our office today at (619) 238-1905 for a free consultation.

more...
No comment yet.
Scooped by William Daley
Scoop.it!

What happens if I drive without a license in California? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley

What happens if I drive without a license in California? | San Diego Criminal Defense Attorney & DUI Lawyer | Law Office of William Daley | Interesting Legal Facts | Scoop.it
Criminal / DUI charges? Injured in an accident? Call (619) 238-1905 for a FREE consultation with San Diego's Top DUI, Criminal and Injury Attorney
William Daley's insight:

California Vehicle Code 12500(a) states that:

 

A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver's license issued under this code, except those persons who are expressly exempted under this code.

 

You may be charged with this offense if you are driving and:

 

-Have never obtained a driver’s license

-Failed to renew your driver’s license after it expired

-Established residency in California but failed to obtain a California driver's license, or

-You are ineligible for a driver’s license in California

 

Driving without a license can be charged as a misdemeanor and will go on your criminal record and you may be placed on informal probation, spend up to six months in jail, pay a fine up to $1,000 and face a possible 30-day impound of your car. Please note that this code does not pertain to people who have a valid driver’s license but do not have it in their possession. It pertains to people who do not actually have a valid license at all.

 

Driving without a license under Vehicle Code section 12500 is not the same offense as driving on a suspended or revoked license which is prohibited under California Vehicle Code 14601. Driving on a revoked or suspended license is a more serious offense and has more severe penalties such as a higher jail sentence.

 

To avoid having this offense on your record, you need an aggressive attorney to fight to have this misdemeanor reduced to an infraction or dismissed. Call our office to speak with William Daley; an experienced San Diego criminal defense lawyer and San Diego DUI attorney. Call (619) 238-1905 for your free 30 minute consultation today!

more...
No comment yet.