Blog Posts in January, 2015

  • Rape and False Allegations

    Sexual offenses can have contexts that escape the purview of the penal system, making the fairness and justness of a ruling subject to the uncertainty of hearsay. Under California state law you can still face criminal charges for rape even if you were wrongfully accused, if you can't prove your innocence. There have been cases where the accused was convicted of a rape crime based off of false ...
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  • Possession of and Selling Medicinal Marijuana

    Since passing the Compassionate Use Act of 1996, qualified patients in the State of California can possess, use, and cultivate medicinal marijuana for personal use. Medicinal marijuana is legal in nearly half of the states, California included. Under California Health and Safety Code 11362.7-11362.83, medicinal marijuana patients, with qualification, can posses up to 8 ounces of marijuana. ...
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  • Handling Spousal Battery Charges

    Domestic violence is a serious accusation. It can have drastic social and legal ramifications. It is also an area of law where hearsay is taken very seriously. Spousal battery , a form of domestic violence, is a "willful and unlawful use of force or violence upon an intimate partner", according to California Penal Code 243(e)(1). Even if there are no injuries resulting from the incident, you can ...
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  • Inaccurate Blood Alcohol Content (BAC) Readings

    Drinking and driving is a common, yet serious, offense. In California, driving with a BAC (blood alcohol content) higher than .08% is illegal , according to California Vehicle Code 23152-23229.1. However, blood alcohol content is not always a direct reflection of how impaired you were while driving. You have a right to have a blood test demonstrate your BAC rather than an in-field breathalyzer ...
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  • Driving Under the Influence of Medicinal Marijuana

    Despite an expanding legal market for recreational and medicinal marijuana, state and federal governments still have a tight hold on regulations and legislature regarding its possession, transportation, sale, and cultivation. California, where medicinal marijuana use is legal, is no exception. California vehicle code 23152(a) prohibits an individual from driving while under the influence of a drug ...
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