San Diego Criminal Defense Blog

Resources & Information

HOW TO GET INTO FIRE CAMP IN CALIFORNIA FROM COUNTY JAIL

Fire Camp is a fun, interesting, and exciting way to pass the time while in jail or prison. Individuals learn a new skill and enjoy more freedom than in normal jails or prisons.

YOU CAN SEAL YOUR CALIFORNIA ARREST RECORD MORE EASILY THIS NEW YEAR

Give the gift of a clean record this holiday season so that your California loved one can start the new year with a truly fresh start!

TOP 5 WAYS TO PREPARE FOR YOUR FIRST SAN DIEGO COURT DATE

Preparing for your first San Diego court date can be a nerve-racking experience! Here are five tried and true tips on how to be and feel ready for your arraignment!

WHY D.I.Y. IS A DON’T FOR SOME TRAFFIC TICKETS

Not all traffic tickets are equal. Some can actually be misdemeanors! You may notice that there is an “M” and an “I” to the right of the Vehicle Code violation on your ticket. Often times, an officer will circle the “M” and cite you for a misdemeanor violation. The traffic court, however, may reduce the charge to an infraction.

WHAT “LAW AND ORDER” DIDN’T TEACH YOU ABOUT YOUR RIGHT TO REMAIN SILENT

We have all heard characters on TV being read their Miranda rights by the police. On television, suspects are read these rights by the officer just as the officer places the suspect’s hands behind their back and clicks the handcuffs into place. Because of this, many people understandably, yet mistakenly, believe that if the police officer did not read them the Miranda warnings at the time they are handcuffed, then the officers have violated their rights. People also may think that because of this violation, the entire case must be thrown out!

This article will clarify when an officer is, and is not, obligated to “read you your rights,” and what happens if they do not read them when they should.

PARTY LIKE A GOOD SAMARITAN

Under the law, if a person is experiencing a drug-related overdose, and another person seeks medical assistance to help the person whose life is in danger, neither individual can be charged with a crime for possessing a controlled substance or for being under the influence.

PRETRIAL CPAC: GETTING OUT OF JAIL ALMOST FREE

What happens if your client is placed into custody at arraignment and he or she cannot afford bail?  Attorneys know that a client’s custody status impacts the case strategy. Often times, it changes the entire negotiation.

INTERSTATE COMPACT: MOVING OUT OF STATE WHILE ON PROBATION

If you are placed on felony formal probation and supervised by a probation officer you might expect that moving to another state to comes with some challenges. Many probationers are surprised and unhappy to learn that even informal probation can prohibit them from moving to a different state before their probation expires. If you are on probation and you wish to move to another state during the period of your probation, you may have to apply for transfer through Interstate Compact.

DRUG TRAFFICKING PENALTIES IN CALIFORNIA

Drug trafficking in California carries hefty penalties.  Often times, sophisticated drug dealers know about these penalties.  That is why they hire individuals, sometimes referred to as drug mules, to transport the drugs for them.  In my experience many individuals arrested for illegally transporting controlled substances are wholly unaware of the years of their freedom they are placing in jeopardy.  The amount most drug mules are paid to take this risk is appallingly meager in light of the danger.

Do you have questions about your criminal charges?

Schedule a consultation with criminal defense attorney Jennifer gerstenzang today.