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Criminal Law Blog

Bart Kaspero Law > Criminal Law Blog (Page 4)

Newport Beach Police DUI Jingle

It's lighthearted, doesn't go too far, and keeps to the point. Check out Newport Beach Police Department's holiday jingle to not drink and drive. Have a safe holidays everyone! Some Basics on DUI Arrests and DUI Charges Nobody expects to spend the night in jail for driving drunk.  That's the problem.  Few DUI cases involve someone actually being the kind of "drunk" that we think of.  There are PSA's out there that tell us "driving buzzed is driving drunk".  There's a little bit of truth to that statement in that many DUI clients (if not most) didn't think they were really drunk. The...

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Do Drug Charges Show on Criminal Background Checks?

Criminal Background Checks California's Central Criminal Records Repository All fifty states, including California, has a central repository where criminal records are stored. Upon arrest or conviction, local law enforcement agencies and courts are supposed to transmit the information to the repository. California's central records repository is located at the Department of Justice. The repository is tasked with maintaining the records and limiting their dissemination to the public, as laws have been passed in California to greatly limit access with few exceptions. Private employers still often want to check the background of employees and many procure records in other ways. A recent survey revealed...

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Dabs are Rising…Are you a Target for Police?

By Vjiced (Own work) [CC-BY-SA-3.0], via Wikimedia Commons Butane Hash Oil What is it?  Butane Hash Oil is a type of concentrated cannabis made from high-potency marijuana leaves. The way it's made is by pouring liquid butane through a tube that contains cannabis and extracting THC from the plant matter. The THC remains in the butane until it reaches a container at the end of the tube, and because butane is a volatile chemical that evaporates at -1 degrees Celsius, all that's left in the container after the butane evaporates is an oily THC residue. The process concentrates the THC to a...

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Can Using Ecstasy as Therapy Make a Good Defense?

It’s been well documented so far that PTSD can take too long to treat through traditional talk-therapy and that anti-depressants and anti-anxiety meds only ease symptoms instead of treating the patient. Therefore, growing research supports the streamlined approach that responsible use LSD, MDMA, and other psychedelics can be the key to curing many individuals that suffer from ailments such as PTSD (as many as 5 million people who suffer from the effects of emotional trauma). But would therapeutic use of MDMA or Ecstasy provide a good defense to person facing criminal drug charges? The answer: Maybe. A person is not guilty of possessing...

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Do Heroin Charges Carry Bigger Challenges Compared to Other Drugs?

Maybe. But fighting heroin charges definitely doesn’t make a criminal case any easier. Your first impression of the drug is only partly to blame. The rest is hidden underneath. The reasons some people begin abusing controlled substances can get lengthy. When it comes to using heroin it’s no different. For some reason, however, the courts have always placed a special stigma on heroin drug charges. When facing any kind of drug offenses there are several critical issues that could determine the outcome of the case (jail versus rehab, sales versus possession counts, to name a few). When it comes to heroin, there...

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Anti-Drug Advocates Furious Over Miley Cyrus Video

In collaboration with Moby and The Flaming Lips, Miley Cyrus has caught heat over her recent video depicting her of foaming at the mouth while laying on a bed surrounded by pills. Advocates are up in arms about Cyrus' depiction of a drug overdose in light of her hospitalization for falling ill to an allergic reaction to medication. Whether the project was intended to spur debate or draw awareness to something the general public does not yet understand remains to be seen. However, most criticism comes from those concerned over the impression s made on younger fans of the pop star....

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Angelina Jolie’s Alleged Drug Video

It’s disappointing to hear when someone from our past gets a laugh at our expense—especially when all the evidence that could exonerate us is too far gone to present a defense. This is why it’s constitutionally unfair to bring charges against someone after too much time has passed. This is what has happened to world-renowned and local Southern California saint Angelina Jolie. A man who claims to be her ex-drug dealer released a 17-minute video of Jolie frantically talking on the telephone. That’s it? Yes, that’s all. To me, it looked like a make-shift improvisation to...

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Laguna Niguel Outrage Over Elementary Drug Program

A handful of parents whose 5th-graders attended Laguna Niguel Elementary school's drug awareness program are angered by a short YouTube video showing youngsters smoking salvia. According to some of the parents, there was no opt-out option to take their children out of the program--saying that if there was, they would have exercised their option to do so. Orange County Sheriff's Department were aiming to educate the students on the dangers of smoking substances such as salvia and to show how it affects users by way of how the video depicted the kids reacting to the drug. The...

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Drug Possession Charged as Sales: How Much is Too Much?

One thing that is all-too-common in drug crimes is the possession case that is charged as a sales case.  Many clients are outraged and terrified to learn they are being accused of being a "Drug Dealer" when they have only engaged in personal uses of a controlled substance. There are a few reasons why these cases end up being charged as "sales cases" and many clients seem to experience at least one of these patterns. Amount: More Than One Would Normally "Use" On Their Own Taking a look at the elements of Possession for Sales charge, you will not find any reference to...

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The Trial of Susan B. Anthony

The story of an American Hero - Tried as a Criminal Many people in our have mixed feelings about our criminal justice system—in particular, trials by jury. Some feel that people beat charges on technicalities while others point to innocent defendants that are incarcerated for crimes they never committed. We are hopeful that the worst case scenarios occur infrequently, maybe rarely, as compared to the standard law and order we want to believe in. But there are many reasons why the jury system serves a function in our society beyond guilty or not guilty. The trial of Susan B. Anthony stands as...

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