Fisher Law Office

San Luis Obispo Criminal Law Blog

Civil restraining order may provide the protection you need

You have had enough. Whether you are dealing with your neighbor, a former friend, a roommate or someone else, the dispute between you continues to escalate. Perhaps this has been an ongoing feud, or something recently caused bad feelings between you, but if the situation has taken a bad turn, you may have concerns for your safety.

If the person with whom you are in conflict has threatened you, this is something you cannot take lightly. Many times people have shrugged off a threat of violence as an overreaction and waited for the other person to cool off. Sometimes they are fortunate, and matters resolve themselves. Other times, the other person does not cool off, and the situation ends in tragedy. If someone has made you feel unsafe or threatened, you would be wise to seek information about a civil restraining order.

Were there valid grounds for your DUI arrest?

The conviction of a crime can have a negative impact on multiple areas of your life. This also true with a DUI or DWI, whether it is your first offense or you have previous drunk driving convictions on your record. No matter your history, your future is always worth protecting, and you can do this by presenting a strong and well-prepared DUI/DWI defense against these charges. 

One of the most basic elements of a good defense is to carefully evaluate all of the details of your case, including the circumstances of your arrest. Police must have very specific reasons for placing a person under arrest, and without those reasons, the entire case against you may be invalid. If you suspect that you experienced a violation of your rights or there is a problem in the way you were treated, you can fight back.

Did meth use land your loved one in a difficult position?

It is much easier for a person's life to become turned upside down than many individuals believe. A simple mistake or action believed to be inconsequential could actually have lasting impacts on your life or the life of a loved one. In particular, you may worry about the path your loved one's life is taking after becoming involved with methamphetamine.

You may not know much about the substance itself, but you do know that it contributed to your loved one not acting like him or herself. You may have noticed many changes in appearance and attitude, and you likely knew the situation had taken a turn for the worst when police arrested your loved one.

Dealing with false claims of domestic violence

Someone can accuse you of being many things, and your life will not change because of it. However, if someone claims you have committed domestic abuse, the ramifications may be swift and long-lasting. Domestic violence is a crime of control, and those who seek help from dangerous family situations often have a small window of opportunity to escape. Laws allow California police to act quickly, and courts often err on the side of the victim.

This is common knowledge. Unfortunately, those who know these things about domestic violence laws may make use of the advantages the law offers the victim, especially when divorce or other family law disputes are a factor. If you are currently facing accusations that you abused your spouse or children, you have a right to be concerned. Your actions from this point forward can greatly impact the outcome of your case.

Did the conditions of field sobriety testing put you at risk?

Getting pulled over by a police officer puts an added stress on anyone's day. If the officer suspects that you consumed alcohol before getting behind the wheel, the amount of stress you face in regard to the stop could increase, especially if the officer takes you into custody.

Typically, before an arrest takes place, an officer will conduct various actions in efforts to investigate the situation. When it comes to a potential DUI stop, the officer may ask you questions about your activities prior to the stop or may even ask you to get out of the vehicle to participate in standard field sobriety tests.

Are you the subject of a civil restraining order?

When couples begin to fight, it often does not take long for things to get out of hand. You may find yourself saying hurtful things or even making idle threats. There may be shouting, finger pointing, maybe even shoving.

If your partner feels threatened or simply wants to get even with you for something you said or did, he or she may use the power of a civil restraining order. Reserved for the protection of those who are at risk of harm from an abusive relative, partner or former partner, a restraining order gets the law involved in your situation, but it may create long-term problems for you.

Marijuana may be legal in California, but driving high is not

California has joined the growing number of states that have legalized the recreational use of marijuana. If you are like many people here in the state, you decided to take advantage of this new law for a variety of reasons. After all, the medicinal uses of this drug are well known. Even though you don't need to use it for medical reasons, you wonder whether it could improve your health anyway, or perhaps you just like the way it makes you feel and enjoy it.

Regardless of your reasons, you no longer have to worry about state authorities arresting you for recreational marijuana use. However, you should know that it is still illegal to drive while high.

Are you facing charges for doctor shopping?

A life of addiction is often a life of secrets. For those with dependency to prescription medications, an addiction can be difficult to feed, especially since new laws are making it more difficult to obtain opioids and other powerful drugs.

Like many, your dependence on addictive painkillers may have started innocently enough following an injury, surgical procedure or illness during which a doctor prescribed a narcotic for the pain. At some point in your recovery, you no longer needed such a powerful painkiller, but the drug may have already taken its hold on you. When your California doctor refused to refill your prescription, you may have taken steps that led you to legal trouble.

Facing a public intoxication charge?

When most people think of alcohol or drug-related offenses, they tend to think of driving under the influence or drug possession -- among a few other crimes. A lot of people do not think about public intoxication. What is it? What does it take to for prosecuting attorneys to achieve a conviction on such a charge in California?

If you are out in public and acting in a way that others might find offensive or out of character, to the point that you visibly seem drunk or otherwise impaired, police may arrest you for public intoxication. The primary purpose of this charge is to keep people from hurting themselves or others in a public setting. In California, this constitutes a misdemeanor offense with penalties that include fines and possibly jail time.

Are you sure your balance is good enough?

When a police officer initiates a traffic stop, you may not know why he or she is stopping you, but you do suspect that you could encounter a problem because you had a couple of drinks before heading home. Sure enough, when the officer approaches your vehicle, questions about your activities this evening begin.

Whether you answer any of the officer's questions could be a topic for another time. Right now, you may find it more important to understand if you should participate in field sobriety tests or not. California law does not require you to do so, and you probably shouldn't.

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Fisher Law Office

1322 Morro Street
San Luis Obispo, CA 93401-4028

Phone: 805-706-0205
Fax: 805-542-0464
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