Strategic Law Command

Roseville Criminal Defense And Family Law Blog

Survey shows Californians don't know marijuana DUI laws

Many of us are aware that driving with a blood alcohol level of 0.08 or higher can result in a DUI arrest for driving under the influence of alcohol. However, a recent survey by Eaze shows that 46 percent of Californians do not know how much marijuana they are legally allowed to smoke before driving. The survey questioned over 500 licensed drivers in our state who all used marijuana within 30 days of completing the survey.

Almost 45 percent of people survey admitted to driving after consuming marijuana, even though most people, over 80 percent, knew that driving under the influence of cannabis is illegal. The survey also showed that 62 percent of people did not know the penalties they may face if they do drive under the influence of marijuana.

How can I know which assets will be divided in my divorce?

Division of assets can be one of the most contentious components of a divorce. You and your spouse brought different assets into the marriage. Then, you probably pooled some resources to build a comfortable life together. You worked hard to get those nice things, and it can be disheartening to think that the assets that really matter might be carved up in your divorce.

However, not all assets are divided in divorce. Understanding which assets are and are not subject to division can take some of the guesswork out of your preparations for divorce and help you determine how to best focus your energy to reach the outcomes you want.

Court-martials for military members accused of crimes

If a Californian is in the military and accused of committing a crime, they will often go through a court-martial, or a criminal trial for military personnel. A court-martial will try service members accused of civilian crimes, such as larceny or manslaughter, as well as military-specific crimes, such as desertion or insubordination. Military criminal defense attorneys can assist the accused throughout the court process.

If the offense is minor, a quicker summary courts-martial will be held. This type of court-martial involves one commissioned officer to issue a decision, instead of a military judge from the Judge Advocate General office. If found guilty, a service member may face confinement for 30 days, hard labor for 45 days, loss of pay for one month or loss in ranking.

Defend against drug charges by establishing an unlawful search

In many cases involving drugs, law enforcement officials break into a house or search a vehicle and find illegal substances and/or drug paraphernalia. Prosecutors then build their drug crime case against the alleged perpetrator on the evidence found during that search. However, not all searches are in accordance with the Fourth Amendment of the U.S. Constitution, which protects Americans from unlawful searches and seizures.

Generally, the Fourth Amendment prohibits a police officer from searching an individual or their property without a valid search warrant, valid arrest warrant, consent from the individual or probable cause. Probable cause means that the officer had reasonable belief that the person committed a crime or that the place to be searched contained evidence of a crime.

Relocating with your children requires a court order post-divorce

When a couple with children gets divorced, the court will generally award custody to one or both parents via court order. Assuming that both parents are stable and equipped to do so, the court will do whatever it can to ensure that both parents are involved in the child's life. But what happens when a custodial parent wants to relocate and take the children with them? The answer depends on the circumstances surrounding the move.

Generally, California parents with primary physical custody of your child via permanent court order have the right to move away if they choose to do so. However, if the other parent doesn't want them to move, they will have to prove to the court that the move would harm the children. Parents who are sharing physical custody of their child with the child's other parent will need to show the court that the move is in the best interest of the child.

Divorces impacted by new pet custody laws nationwide

When a married couple decides to call it quits, they often battle over property, spousal support and custody of the children. For many people, deciding who gets to keep the family pet can be one of the most difficult issues they will face throughout the divorce process. In the past, courts often treated dogs and other domestic animals as community property, essentially putting them in the same category as a piece of furniture.

However, treating pets like property during a divorce is no longer an option. Many people nowadays view pets as a member of the family, so courts have decided to treat them as such. A new California law that went into effect in January 2019, allows courts to evaluate the best interests of the animal before determining who the animal should stay with. Based on its evaluation, courts can assign sole or joint ownership of the pet.

Is winning a drinking game worth the potential consequences?

There are many drinking games you could play with your friends this summer. But while a Beer Pong win could earn you some pats on the back at a party, is a temporary win worth the consequences you could face?

Although you might hang out with people who think you are more fun when you are drunk, drinking games may contribute to various health concerns. And unless you have a designated driver to get you home, they almost certainly put your driving and criminal records at risk. Before accepting a challenge, you might consider how playing a drinking game could affect your ability to win at life.

Vehicular manslaughter charges may stem from a DUI

When someone gets behind the wheel after drinking, they are typically not thinking about the worst-case scenario. The tragic reality is that many people end up getting killed in accidents involving a drunk driver. If you were arrested and charged for a DUI following an accident in California, and someone died as a result of that accident, you may also be charged with vehicular manslaughter while intoxicated or gross vehicular manslaughter while intoxicated.

Under California Penal Code Sec. 191.5, vehicular manslaughter while intoxicated requires the driver to have acted with ordinary negligence, while gross vehicular manslaughter while intoxicated requires the driver to have acted with gross negligence.

What are our child custody options post-divorce?

If you are getting a divorce, you already know how difficult the process can be. However, for divorcing couples with children, there can be even more challenges. For instance, divorcing parents will often have to decide where the child will live and determine who will make the decisions relating to the child's upbringing. Divorce courts are solely focused on making child custody decisions in the best interest of the child.

Generally, divorcing parents have to determine who will have physical custody of the child and who will have legal custody. Physical custody refers to where the child will physically live. In many cases, the child will primarily live with one parent, who has sole custody, while the other parent will be granted parenting time, formerly referred to as visitation. However, if both parents can work together, joint physical custody is also an option. In such cases, the child will split his or her time equally between each parent.

Ca. man facing drug charges following traffic stop

If a police officer has found drugs on your person or in your vehicle, you may face drug possession charges. The severity of the charges you face will often depend on the type and quantity of drugs, as well as whether your intent was to distribute or sell the drugs in your possession.

Police officers recently stopped a vehicle for improper lane usage and alleged that the smell of marijuana was coming from the vehicle. The driver of the vehicle was apparently advised of his rights and reportedly told authorities he was transporting large amounts of narcotics in his car.

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Roseville, CA 95661

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