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Criminal Law Blog

Case Dismissal: How to Get a Criminal Case Dismissed

Case Dismissed

How to Get a Criminal Case Dismissed URGENT LEGAL UPDATE: California has implemented a series of legislative actions that make it possible to petition the court for removing past marijuana-related charges or reducing past serious felonies to misdemeanors.  To take advantage of these petitions, go here: Removing Marijuana Charges   EDITOR'S NOTE: Readers should be aware that this article focuses on achieving a dismissal on active or pending criminal charges.  For those interested in obtaining dismissals on past cases, please go to the following link: Expungement Law   Clients who face criminal charges often ask what it takes to get the case dismissed. After all,...

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Is it Child Abuse to get a DUI with Kids in the Car?

Is it Child Abuse to get a DUI with Kids in the Car? Consider the following scenario: You’ve had a wonderful family dinner at a mutual friends house with your children and spouse. You may have drunk some wine but nothing excessive. On your way home, you are pulled over and arrested for DUI. By the time you are booked into jail, however, you discover you are also being charged with child abuse. Many are shocked to discovery that getting arrested for a DUI can create even a deeper hole if there happened to be kids in the car while they were...

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A Rare Glimpse Into the Blurred Lines of Justice

It's not often the public gets to see this kind of justice-system drama. But the 9th Circuit described it as alarming. And the AG's were put into a difficult position because of it. OC Weekly provides a look into the ruling that could carry shockwaves down the road. Here's the Link: http://blogs.ocweekly.com/navelgazing/2015/02/moxley_confidential_tunstall_dekraai_goethals.php ...

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Marijuana Bread in OC Tests Positive for Synthetic Cannabis

A popular Epiphany bread sold by a local bakery that left over 40 people sick has resulted in an investigation that has revealed synthetic marijuana among the ingredients. Synthetics, sometimes referred to as "spice" mimics the psyoactive properties of cannabis have been found to be more dangerous than the real deal. Under California Law, it is illegal to sell or distribute synthetic cannabinoids under Health and Safety Code 11375.5(a). Two separate investigations are pending based on the additional involvement of the Orange County Health Care Agency. ...

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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?

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 potency of around 20 to 80 percent,...

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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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