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San Luis Obispo Criminal Law Blog

Male arrested for juvenile crimes including firearms, threats

A teen was arrested in relation to an alleged crime that occurred on social media and at a high school. The California resident, a juvenile, has been charged with threatening to shoot another teen and for possession of a stolen handgun. The juvenile crimes could carry serious penalties for the boy, who is only 14 years old. 

A report of a supposed threat alerted the authorities to the potential danger. Allegedly, the child has threatened via social media to come to the local school and shoot an 18-year-old student. The school is an alternative school which is run by the local county Probation Department. 

How do I get a restraining order?

If you live in fear, you understand that it is no life at all. Whether your fear stems from a confrontation with a neighbor, your estranged spouse or someone who isn't convinced that you aren't interested in a romantic relationship, you have a right to feel safe in your own home and at work.

Obtaining a restraining order may have crossed your mind, but the thought of undertaking an unfamiliar legal process while you are emotionally distraught may be too much. However, with your safety on the line, it may help to have a general understanding of what to expect after you file for an order of protection.

California man arrested on drug charges in death of woman

A person has been arrested on suspicion of providing illegal substances that caused the death of one woman. The man, a California resident, is one of the first few individuals to be arrested in the new push by federal, state and local governments to hold drug dealers accountable for their actions when a person overdoses on the drugs they provide. He is being held on drug charges and charges for the death of the woman.

In light of the recent opioid epidemic, lawmakers have been searching for ways to reduce the number of deaths and the impact that addiction has on the customers of drug dealers. Under the order of Attorney General Jeff Sessions, the government has increased its penalties and investigations of individuals suspected of providing opioids in the community. The individual recently arrested has been caught up in the current trend. 

Drunk driving charges lead to arrests in California

Individual attempting to avoid the consequences of criminal charges should probably not do so by trying to evade the police. There are methods to try and restore one's good name and avoid being convicted, but skipping out on a warrant is typically not the best way to handle the situation. Recently, California police officials conducted a sweep and arrested three people who were wanted for missed court dates related to drunk driving charges. 

Police officials announced the results of the sweep, which resulted in the arrests of three people who police believe pose a risk to the public for being drunk drivers. Authorities targeted several individuals during the sweep. All were individuals who had missed a court date or who were charged with violation of probation. One person was associated with a crash that had injured three pedestrians. 

Criminal defense not yet revealed for California woman

One woman's business has been abruptly shut down after officials claim she violated the law. The California woman was allegedly maintaining several properties that allowed the cultivation of marijuana plants. During her initial court hearing, her criminal defense was not revealed, and she indicated that she would need a translator during future court meetings. 

The woman, whose native language is Cantonese, also did not make her bond and is currently being held in the county jail. Complaints by neighbors is what led to the revelation that her properties were being used to grow the controlled substance. Even though marijuana has been legalized in the state, in order to grow and distribute the plant, a person must have the proper permits. Officials claim the woman did not hold the correct permits and was not allowed to use her buildings for the grow operations. 

Ex-baseball star arrested on drug charges in California

An ex-baseball player was arrested on several felony charges. The man was indicted on drug charges after authorities allegedly caught him with a large quantity of cocaine. He was booked into a local California jail and was not able to post bond. 

The man requested a reduced bond, but the request was denied. He had hoped to use his home as collateral for the bond, but the judge was unwilling to grant the change. While the ballplayer may disagree, the District Attorney emphasized that, no matter a person's status or privilege, he or she will be prosecuted the same under the rule of law. 

Challenging horizontal gaze nystagmus test results

You just never know when a California police officer is going to flash lights or blare a siren in an attempt to pull you over in a traffic stop. Of course, if you were traveling at speeds in great excess of posted limits, such as going 50 miles per hour in a 25 mile per hour zone, chances are high that any police officer nearby who witnesses your high-speed travel will likely pull you over.

However, if you are doing your best to adhere to all traffic regulations, it doesn't necessarily guarantee that you will not run into trouble. For instance, if a police officer traveling behind you claims that your tires veered over the yellow line, he or she can make a traffic stop on suspicion of drunk driving. What happens after that depends on various factors, one of which may be whether or not you pass a horizontal gaze nystagmus test. Failing this test may prompt an immediate search for legal help.

California boy held on juvenile crimes for impersonating a cop

A disturbing incident at a local woman's residence led to the arrest of a 14-year-old boy. Police say that the boy went to the woman's home dressed as a police officer and tried to enter the residence. He was able to leave the scene at the time, but was arrested and charged with juvenile crimes a day later near his California residence. 

According to reports, the boy drove up to a residence fully outfitted as a police officer, in a vehicle with flashing lights on the dashboard. He also was carrying a firearm on a holster. When he got to the door, he told the occupants that he was there to investigate a crime. When the residents told him that no crime had occurred at the home, they locked the door. The boy allegedly tried to open it, and hung around for a bit before leaving the area. 

Drunk driving charges cause fuss for California medical examiner

One man has recently had his career challenged stemming from criminal accusations related to drinking. The California man, employed as the San Luis Obispo medical examiner, was arrested in 2016 on drunk driving charges. His most recent court appearance led the judge to suspend his surgeon's license pending completion of a three-year probation. 

The man was allegedly found with a blood alcohol content of .19 while he was on the way to an autopsy. Reportedly, he lost control of the car he was driving and struck a parked car. He was able to keep his job at the time and was given a last chance agreement.

A constitutional criminal defense starts with a fair bail system

Some criminal law experts argue that the California bail system is not functioning according to appropriate constitutional standards. The current law tends to fill the prisons with people who have not been proved guilty and who are supposed to be protected by the cloak of innocence. It also discriminates against those who cannot raise the cash required by the courts. A good criminal defense attorney can help the defendant to seek a lower bail amount, but a long-term solution to the problem will come from other sources.

A recent California appellate case points out that lower courts must consider someone's income and capacity to pay before setting a bail amount. The case questions whether the current practice of largely ignoring such factors provides for a constitutional bail system. The most direct path to reform, however, lies in legislative action.

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1322 Morro Street
San Luis Obispo, CA 93401-4028

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San Luis Obispo Criminal Law Blog | Fisher Law Office