Turner Law San Diego, APCTurner Law San Diego, APC2024-03-11T17:45:11Zhttps://www.turnerlawsandiego.com/feed/atom/WordPress/wp-content/uploads/sites/1103601/2024/02/cropped-TurnerLaw-site-icon-32x32.jpgOn Behalf of Turner Law San Diego, APChttps://www.turnerlawsandiego.com/?p=2572362024-03-11T17:45:11Z2024-03-11T17:45:11ZWhat is a diversion drug program?
A diversion drug program, also known as a pre-plea program, is a court-supervised treatment program for individuals facing non-violent drug charges. It allows eligible participants to avoid jail time and a criminal conviction by successfully completing the program's requirements.
These programs typically involve participating in a certified treatment program, which may include individual and group therapy, addiction education and other support services tailored to address the specific needs of each participant. Regular meetings with probation officers provide guidance and support throughout the program.
Participants are also required to appear before a San Diego Criminal Drug Court at designated intervals to demonstrate progress and compliance with program requirements. This is coupled with consistent drug testing to help ensure participants remain drug-free throughout the program.
Benefits of diversion drug programs
Choosing a diversion drug program offers several benefits over traditional court proceedings. For starters, successfully completing the program can lead to the dismissal of charges, potentially preventing the negative consequences associated with a criminal conviction.
Moreover, the program prioritizes addressing the root causes of addiction, providing participants with the tools and support needed for long-term recovery. Essentially, diversion programs offer a chance to break the cycle of addiction and rebuild a positive future.
For individuals facing drug charges in San Diego, exploring a diversion drug program can be a potentially viable option. Remember, seeking help is a sign of strength, and these programs offer a path toward recovery and a positive future. Eligibility for a diversion drug program varies depending on the specific program and the nature of the charges. It can be of benefit to consult a drug crime defense attorney to determine your eligibility and understand the specific program requirements.]]>On Behalf of Turner Lawhttps://www.turnerlawsandiego.com/?p=522252024-02-16T18:20:53Z2023-12-28T16:06:34ZWhat constitutes constructive possession?
To convict someone for a drug offense because there were drugs near them, the state has to show two things. Claims of constructive possession are often a key aspect of a drug possession case. Prosecutors generally try to convince the courts that someone knew the drugs were there and had control over them.
If there was a vial of prescription drugs in someone's glove box, for example, that could lead to allegations of constructive possession. Constructive possession carries all of the same penalties as actual physical possession of drugs.
The location of the drugs and the circumstances when police found them can influence what defense options someone has. There could be a reasonable explanation for who actually owned those drugs or how they ended up in someone's home or vehicle, like regularly carpooling with co-workers. Undermining claims of constructive possession can sometimes help people avoid a criminal conviction when facing California drug charges.
]]>On Behalf of Turner Lawhttps://www.turnerlawsandiego.com/?p=522222024-02-16T17:44:45Z2023-12-15T20:35:02ZA breathalyzer is a small device that the police can use when they stop drivers under suspicion of drunk driving. The device can test the driver’s blood alcohol content (BAC), which is the amount of alcohol that can be found in the body. This test is often preferred over urine and blood chemical tests because drivers don’t have to relocate to do it.
Many people believe that breath tests can be tricked. However, there’s often no scientific evidence behind these beliefs. If you’re asked to do a breath test, it can help to avoid the following myths:
Drinking coffee before driving
Many people will try to drink coffee after drinking alcohol and before driving. It’s rumored that the coffee will reduce the amount of alcohol tested. However, alcohol is absorbed into the body and can’t be removed or replaced by drinking coffee.
Using mints to hide the smell of alcohol
Before a breath test is administered, drivers may try to use a breath mint, gum or mouthwash to hide the smell of alcohol. However, these products often contain trace amounts of alcohol. As a result, the driver may unknowingly raise a BAC reading and fail the test.
Sucking on a penny
One of the most common rumors circulating breath tests is that they can be tricked by sucking on a penny. It’s believed that pennies can either reduce the BAC reading or make the reading so big that it can’t be reputable evidence. However, a penny can’t do anything to a breath test.Believing any of these myths can lead to drunk driving charges. If a driver believes they were wrongly charged for drunk driving, they may need to reach out for legal help for their DUI.]]>On Behalf of Turner Lawhttps://www.turnerlawsandiego.com/?p=522202024-02-16T17:46:08Z2023-12-12T01:58:03Zdriving under the influence (DUI) charges in California.
An IID is a small device professionally installed in a motor vehicle. The driver of that vehicle must pass a test to be able to start it to drive and may need to retest occasionally as they continue driving. IIDs are both inconvenient and costly. People have to pay to have them installed and cover the cost of regular maintenance for these devices. Someone subject to an IID requirement must install a device in any vehicle they intend to drive while still subject to licensing restrictions after a DUI.
When are IIDs necessary for motorists in California?
Judges often decide if an IID is necessary
A judge's discretion often comes into play. A judge can decide to order IID installation in cases involving a first-time DUI offense. Particularly if someone's blood alcohol concentration (BAC) was 0.15% or higher, a judge may decide to order the installation of an IID. The same is true of a first offense involving a refusal to submit to testing. Finally, IIDs are possible for those accused of driving with a suspended license if the suspension related to a DUI conviction.
Other times, state law mandates the installation of an IID in the vehicles someone will drive after a conviction. Those who have more than one DUI on their record or those who cause injury to others while driving drunk. People with two DUI convictions usually need to have an IID in their vehicles for at least a year. The mandatory period increases to two years for a third offense and three years for a fourth or subsequent conviction. Anyone caught driving a vehicle without an IID could face additional penalties.
For those in certain circumstances, only a successful defense against pending charges could prevent an IID requirement. Ultimately, learning more about how California penalizes impaired driving violations may inspire some people to fight their charges instead of pleading guilty.]]>On Behalf of Turner Lawhttps://www.turnerlawsandiego.com/?p=522182024-02-16T17:54:17Z2023-12-03T17:18:12ZVehicle Code § 2800.1 that prohibits drivers from lawfully evading a police officer.
So the next time the police stop you, the wise thing to do is pull over to the side of the road. Law enforcement encounters can be stressful, but the penalties for fleeing an officer are much worse.
How does Vehicle Code § 2800.1 define evading a peace officer?
An individual is only guilty under Vehicle Code § 2800.1 if they’re driving at the time of the incident and willfully try to evade a police officer while being pursued in a police car or bicycle.
The prosecution has to prove that you were pursued in a marked police vehicle. In other words, the vehicle in pursuit must have had at least one visible red light that you reasonably should have seen. Therefore, if there isn’t evidence to prove that the vehicle in pursuit was equipped with a red light that meets visibility requirements, the prosecution’s case can be weakened.
More importantly, the law enforcement officer who stopped you must have been wearing a distinguishable uniform at the time of the incident. If they were wearing plain clothes, the prosecution’s case may be weakened as well.
Please note that you won’t be found guilty if you continue to drive only because you were looking for a safe spot to pull over. That is to say that if you didn’t have the specific intent to evade the peace officer, then you should logically be found innocent.
Suppose you’re facing charges for evading a peace officer; it’s best that you enlist legal counsel. A criminal defense attorney can help you secure the best possible outcome for your circumstances.]]>On Behalf of Turner Lawhttps://www.turnerlawsandiego.com/?p=522162024-02-16T18:14:25Z2023-11-14T17:25:43ZAny car can technically be stolen. But if you have watched the news over the last few years, there has been a trend where vehicles made by Kia and Hyundai are being stolen at a greater rate than other makes and models. People who own these vehicles have become very wary that they may be targeted for theft.
But why is this happening? Why are these cars targeted more than others?
A lack of antitheft devices
The reason isn’t the value of the cars, as Kias and Hyundais are not usually high-priced vehicles. Instead, thieves are targeting them because they don’t have certain anti theft devices that are present in other cars.Perhaps the most common example is an immobilizer. This device stops the car from moving at all when it appears that the person starting it is using the wrong key fob. Most modern cars have this immobilizer, but the Kias and Hyundais that are being targeted do not, meaning the thieves only need basic tools.
The Kia Challenge
The second reason for this rash of theft is social media. The “Kia Challenge” became popular when people started making videos about just how easy it was to steal these cars. Other social media users would see these videos and try to replicate the results. Many of these people may not have been involved in any other criminal activity, but a social media challenge was enough to get them to break the law.Trends like this can have major ramifications in a person’s life, especially when they are young. A criminal record can limit college and career options. Those who are facing criminal accusations must be well aware of all their defense options.]]>On Behalf of Turner Lawhttps://www.turnerlawsandiego.com/?p=522142024-02-16T18:15:20Z2023-10-28T02:02:20ZIf police officers get a search warrant, they may be allowed to enter your home. Generally, they have to take some sort of evidence or reasonable suspicion to a judge, who then signs the warrant. Police cannot just randomly get warrants and search people’s homes. They need to show that there’s a valid reason to do so, and the warrant then gives them that ability, regardless of what the homeowner says.
But there are also ways in which the police can enter your home if they don’t have a warrant. Let’s take a look at a few examples.
You give them consent
Of course, the first way that this may happen is if you give consent to the police to enter the house. This is why officers may knock on your door and ask to come inside to talk. They could talk to you outside, but they need your permission to come in, so that’s what they’re looking for.
Items in plain view
Another issue is when the police see potential evidence that is in plain view. This may even be why they asked to come inside. They weren’t planning to conduct a search, but if they see what appears to be illegal drugs or firearms on the kitchen table, they can then begin looking around.
In an emergency
Additionally, police sometimes enter homes if there is an emergency. Perhaps they think there’s a danger to the public, like an active shooter in the home. They may also be chasing a suspect who has gone into the home, and they don’t think they have time to get a warrant before that person escapes or destroys evidence.The way that the police enter a person’s home is very important if an arrest is made because it can help to determine what evidence can be used in the case. Those in this situation need to know about all of their criminal defense options.]]>On Behalf of Turner Lawhttps://www.turnerlawsandiego.com/?p=522112024-02-16T18:26:04Z2023-10-15T15:39:27Zayahuasca and ibogaine are also psychedelics.
California would have become the first state to pass such a law, although some cities have already done so. That legal change is not to be, at least not at this point. Gov. Gavin Newsom has decided to veto the bill.
Why was this done?
It’s interesting that the bill was vetoed because California has always been fairly progressive regarding substance use, and the governor even claimed that he was interested in these “new opportunities.” There are various mental health conditions that can be treated with psychedelics, so some people see them as a way to vastly improve their lives.
The governor said he vetoed the bill because he doesn’t think that the proper guidelines have been set up within the state. Newsom mentioned issues with dosing information and treatment and therapeutic guidelines. He also said the state needed to set up rules to keep psychedelics from being exploited in ways that were not intended from these medical treatment options.
The governor left the door open for future bills that may accomplish the same goal. It may simply depend on how soon all of these details, regulations and guidelines can be sorted out. It will be very interesting to keep an eye on this moving forward. It’s important for anyone who is facing drug charges to know about changes to the law and how that may affect their case.]]>On Behalf of Turner Lawhttps://www.turnerlawsandiego.com/?p=522092024-02-16T17:47:35Z2023-10-10T12:24:16ZBreath tests can produce false positives
People often assume that chemical breath tests are incredibly accurate and reliable, but that simply is not the case. False positive results are a common issue. A variety of personal circumstances might result in someone failing a breath test despite having had very little or nothing to drink at all.
Uncontrolled diabetes could result in a false positive reading on a breath test or an elevated BAC reading when someone has only had a single drink. Some medical professionals even recommend the use of a breathalyzer test to detect signs of blood sugar irregularities among those with diabetes or pre-diabetes.
Dietary issues could trigger false positives for the same reason. Those who maintain a keto or Paleo diet to force their bodies to burn fat may have acetone on their breath which could trigger a false positive. There are a few other health conditions, including relatively rare disorders, that could also cause false positive results on a breath test.
Certain prescription medications and over-the-counter remedies could alter the accuracy of a breath test. Specific types of inhalers and medications that include alcohol, especially when taken shortly before driving, could lead to unreliable breath test results. Finally, certain hygiene habits, including using a breath spray or a mouthwash could temporarily elevate someone's reading on a breath test and lead to criminal charges when they were not actually under the influence.
People who understand that failing a breath test doesn't guarantee a conviction may feel more confident about fighting DUI charges. Learning more about why false positives may occur can give people a better idea of the defense strategies that are potentially available to them.]]>On Behalf of Turner Lawhttps://www.turnerlawsandiego.com/?p=522062023-10-03T03:11:26Z2023-10-03T03:11:26ZIncreasingly, people are using psychedelic drugs (also known as hallucinogens) to treat various mental health and substance abuse disorders. “Magic” mushrooms are among the most common.
Several cities in Northern California (in addition to Portland and Denver) have decriminalized some natural (plant-based) psychedelics. That means while they’re not specifically legal, there are no criminal consequences for possessing or using them within the established regulations – typically in controlled settings and under the supervision of a trained facilitator.Now a bill to decriminalize the possession and use of four naturally occurring psychedelics statewide has passed the California legislature and is waiting for Gov. Gavin Newsom’s signature. The four are psilocybin (mushrooms), ayahuasca, ibogaine and non-Peyote-derived mescaline.If Gov. Newsom signs the bill, California would be the first state to decriminalize any type of psychedelics. Their use would, however, be regulated by the state, and their sale would still be illegal. The law wouldn’t take effect until the beginning of 2025.
Strong opinions on both sides of the issue
The legislation has the support of veterans’ groups that have touted the benefits of psychedelics in treating post-traumatic stress disorder (PTSD) and depression. So have some mental health professionals who are already using them in controlled studies. Not surprisingly, law enforcement and prosecutors’ organizations are against the idea. These are, after all, extremely powerful and potentially dangerous drugs, even though they’re derived from natural ingredients.The San Francisco state senator behind the bill explains, “Psychedelics have tremendous capacity to help people heal….These drugs literally save lives.” By decriminalizing them, supporters of the bill say it will be easier for researchers to determine what other conditions they may be able to help treat.Whether the bill becomes law or not, it’s crucial to know that these drugs should definitely not be used for recreational purposes or without proper supervision. Doing so can still land you in jail facing criminal consequences. That doesn’t mean they’re not accessible. If you’re facing charges for illegal possession or use of a hallucinogen, it’s crucial to have legal guidance to protect your rights.]]>