San Diego Criminal Defense Lawyer Blog

The Chelsea's Law passed with strong support in the California Senate today. Next stop, the Governor's desk.

If this new law is signed, that will mean that any criminal defendant convicted of child molestation would be facing life. In addition, many new life enhancing criminal sentencing laws were added to this bill as well.

Many groups are sure to protest this new law, and I will continue to update as it approaches our Governor.

In San Diego, most San Diego criminal offenses are caused from either a drug or alcohol addiction. In fact, most of the problems associated with or caused by drug and/or alcohol abuse are related to addiction.

Everyday, numerous people because of either drug or alcohol addiction are caught and arrested for criminal offenses caused by or associated with drug and/or alocohol abuse.

That is why San Diego criminal defense lawyers and San Diego judges are advocating more everyday for drug rehabilitation programs to be attached to a proposed criminal sentence.

In fact, the best non-profit out there designed to facilitate such placements while on probation is www.drug-rehab.org. Please consider this non-profit if you or someone you know is in need of a rehab center to help with either drug and/or alcohol abuse.

In general, more and more people faceing San Diego criminal charges are of the opinion that they, themselves, can handle their own case.

I strongly caution people against this mindset. Just last week, I had another individual contact me, stating that he himself would go to his arraignment, handle his own case, and be done with it as quickly as possible.

Such a philosophy can lead to enormous stress, increased fines and penalities, and a feeling of being victimized by the system we all pay taxes to support. If anything, most criminal defense attorney's provide a free consultation, a valuable tool when faced with San Diego criminal law violations. Utilize that free advice. Moreover, the court appointed attorneys, public defenders, can help enormously when faced with a system designed to punish and penalize.

As such, if anyone is facing a criminal charge, whether it be a San Diego DUI or San Diego Drug offense, please do not hesitate to contact me, or any other criminal defense attorney, before heading in to court. It will help - this I have learned from experience.

The California Highway Patrol announced earlier this week that they will be specifically targeting motorcycle riders in the San Diego region. This includes people riding in San Diego while DUI.

Specifically, the CHP will be focused on motorcycle riders who are endangering themselves and other motorists. CHP is setting up its efforts to create safer roadways and looking for more offenders of traffic violations while riding motorcycles.

San Diego is one of the best cities in the world to ride motorcycles. With the increased traffic conditions this summer, and more people riding motorcycles, CHP will have more officers specifically watching motorcyclist.

According to SANDAG, this last year, more than half of the minors or San Diego juveniles arrested tested positive for at least one illegal drug.

Although the percentage of using methamphetamine declined, the overall percentage of drug use increased. The most popular drug used was marijuana.

Sadly, upon discovery of the presence of an illegal substance within the arrestee's system, of those, the majority of those San Diego juveniles believed that the drug did NOT have a harmful effect on their bodies or future.

These trends continue to demonstrate the pressures San Diego juveniles face everyday here in San Diego.

Please enjoy your San Diego Pride weekend safely! There will be about 50 more San Diego police on duty around the Hillcrest, University Heights, and Balboa Park areas during this weekend's festivities.

As such, please keep in mind, that alcohol and drug consumption is their primary target. In addition, San Diego police together with San Diego sheriff will have under cover officers doing secret drug transaction buys, etc, even targeting marijuana.

Thus, be safe, and be on the lookout for police during this year's 2010 San Diego Pride festival. Enjoy!

HAPPIEST PRIDE!

On June 1, this year, a passenger riding the city bus (North County Transit) from Encinitas to Carlsbad noticed what he thought to be an intoxicated bus driver.

The passenger called 911, fearing for the safety of himself and fellow passengers. After being pulled over by San Diego Sheriff, the San Diego Bus driver failed a series of field sobriety tests, and was thereafter arrested for a San Diego DUI.

Yesterday, the bus driver, David Costello, age 41, was arraigned for two counts of San Diego misdemeanor DUI. Prosecution is sure to follow.

Next time you are stopped by San Diego police in San Diego county or any county in California be sure to video record the police interaction.

Today, most people who have cell phones have video cameras within their control. Be sure, however, not to be holding the cellular device while driving. Do be sure, on the other hand, to turn that video camera on once a traffic stop is initiated, once the police officer makes contact with you.

You are within your constitutional and legal rights to record the interaction between yourself and the police officer who has stopped you. Because the incident occurs in a public place, there is no expectation of privacy and the police officer legally cannot force you to turn off the video camera.

Record away! Use your cell phone camera to preserve your legal rights, and stop many injustices people face daily by police officers. San Diego criminal justice will truly be transformed.

Depending on where you get a DUI in California determines what fine you will receive if later convicted.

For example, if you are convicted of a San Diego DUI, first time DUI offense, your fines will total nearly $2,000. However, if convicted of a Temecula DUI in Riverside County, your fines are likely to be only $1,400 or less. In fact, I have seen fines as low as $700 in Riverside County. Orange County DUI's will cost you around $1,700.

So, why the discrepancy when the crime is the same?

The answer is found in the Vehicle Code as well as the local court rules for each county. First, the Vehicle Code, when charged with a DUI, allows for a discretionary fine to be applied. Second, the local court rules have different fine amounts as set by financial need of that individual county. Those two main reasons determine the financial difference.

This holiday weekend, the 4th of July, here in San Diego saw a reduction of San Diego arrests compared to last year.

However, San Diego County saw at least two related San Diego DUI deaths.

On Friday, last week, the start of the holiday, 60 people were arrested for San Diego DUI, compared to 70 arrests last year on the same date.

California statewide had over 900 arrests for DUI.

Yesterday, the Congressional Budget Office announced that nationally, over $42 billion is spent on the prohibition of Marijuana. These costs are associated with the criminalization of Marijuana, enforcing and prosecuting cases both federally and locally.

I think this dollar amount should be a red flag to anyone paying attention. A question begs itself: why would our nation continue to spend so much money fighting against a drug that will always be used? In fact, does it not make sense to legalize and regulate in order to tax Marijuana in order to help with our struggling economy?

Much research has been done in this area already. The time to act is now, especially considering our situation and the unnecessary effects of prohibiting a drug that can not only make this country a lot wealthier, but perhaps even happier!

The San Diego County Board of Supervisors approved San Diego marijuana dispensaries again. The vote was overwhelmingly in favor of the dispensaries, approving the new plan four to one.

These dispensaries will continue business practices here in the county as usual with only a few modifications and restrictions. First, the dispensaries can only be located in areas zoned as industrial. Second, the dispensaries must be at least 1,000 feet away from any school or resendial communities.

Lastly, the San Diego marijuana dispensaries, if they want to operate its businesses legally, will be required to register and gain approval from the San Diego County Sherrif's department prior to opening.

Many people have expressed doubt surrounding these new businesses, concerned about increased criminal activity following these new business - but, I think people will be surprised how much these dispensaries will help regulate marijuana as it gets closer and closer to legalization. Californian's will be glad there is some sort of working model that will help with the pathway (already underway) toward legalization.

If you are facing San Diego domestic violence charges, or you are being accused of committing a crime that may be filed by either the San Diego City Attorney or San Diego District Attorney as a domestic violence crime, please contact a San Diego criminal defense attorney immediately.

Most domestic violence crimes, if convicted, will come with numerous restrictions and violations against your freedom. For example, you will be required to do a 52 week domestic violence course, a course that requires you to pay for each class out of your own pocket. You are required to then check in with the court to report on your progress in each class.

In addition, the court may impose a Criminal Protective Order against you, forcing you to interact with people from which you are being restrained in a manner you probably are not accustomed to.

Lastly, the San Diego City Attorney and San Diego District Attorney have no problem ordering high fines and fees against you, and putting you on many years of probation.

The criminal justice system as it relates to people accused of domestic violence type crimes is very different than other crimes. Please be aware of this fact, and contact a San Diego criminal defense lawyer as soon as you can. People criminally accused of domestic violence have rights too! Please know this fact, and a criminal defense attorney will be happy to help.

Jose Salgado, the individual arrested and accused of driving a Budget rental truck into two business and destroying many parked cars was arraigned today on San Diego DUI charges as well as San Diego hit and run charges.

Salgado, only 31 years of age, also was driving on a suspended license due to prior convictions for DUI.

Salgado is being held only on $5,0000.00 bail. If convicted, Salgado will owe thousands of dollars in resitution, face up to one year in jail, and be on San Diego probation for five years.

Many victims of this crime are encouraged to provide statements to the City Attorney's Office to ensure financial restitution is put on record.

A man suspected of a San Diego DUI was arrested today after he tried to flee on foot. Jaime Saldano was driving a Budget rental truck when he lost control of his vehicle on El Cajon Boulevard, crashing his truck into two businesses.

Although no injuries were reported, two businesses, several parked vehicles, and much of the foliage in the area was severely damaged. Saldano faces serious criminal charges, randing from misdemeanor hit and run as well as driving under the influence.

The San Diego District Attorney will be prosecuting Mr. Saldano. However, his San Diego criminal defense might be strong if no chemical test was taken, a element necessary to prove he was under the influence of alcohol at the time of the collision. Otherwise, only the accident suggests DUI.