(619) 236-9700

                                                              Free Case Evaluation

San Diego Criminal Defense Blog | Theule Law Firm

What to Expect During a DUI Arrest

The following guide will walk you through what will occur immediately before and immediately after a standard DUI arrest. 

Keep Reading

Using Self Defense Against Police Officers

It’s late at night and you’re minding your own business on a sidewalk. Your neighbor comes up behind you shouting “Stop right there!,” knocks you to the ground and tries to pin your arms behind your back. You fight back, knocking your neighbor off of you with your fists, giving yourself enough time to escape. By fighting back, are you guilty of a violent crime? No. Now picture the same scenario, except now instead of your neighbor, it is a uniformed police officer you are fighting off. Because the person you are striking is a police officer you must be breaking the law - the rules have changed right? The answer is yes, but not as much as you might think. The following article will discuss why in detail.

Keep Reading

Using a Fake ID

Using fake or fraudulent identification has been a crime in California in some form or another for well over 100 years. In modern times, fake IDs are most commonly associated with underage drinking and are often mistakenly regarded as harmless in the light of the larger crime committed after the ID is used. However, fake IDs do not just provide the underage with alcohol; they also allow people improper access to more serious things such as firearms, bank accounts and government benefits. Therefore, California has strict laws regarding the use of false identification, especially since 9/11. The following article will discuss this misdemeanor crime per CA Vehicle Code Section 13004, the unlawful use of identification cards.

Keep Reading

Basics of DUI License Suspensions

A DUI conviction involves several penalties that can negatively impact your life. One of the most common penalties is the temporary or permanent loss of your driver’s license. Once your license is suspended, you are not allowed to legally operate a motor vehicle for the length of the suspension. Driving a motor vehicle while your license is suspended is its own separate and serious offense which may not only increase the length of your current suspension, but adds new penalties as well. Once your license is suspended, it is possible to obtain a “restricted license” that allows you limited driving privileges, but these are only allowed in certain situations. Therefore, if you or someone you know has been recently arrested for DUI, it is important that you understand how license suspension works.

Keep Reading

Prescription Drug Fraud: Doctor Shopping

Prescription drug abuse is on the rise in Southern California and lawmakers have been quick use existing laws as well as pass new laws to help stop the problem. A large part of their effort to stop prescription drug abuse has been criminalizing the practice of “doctor shopping.”

Keep Reading

Hazing: It’s Not Just Embarrassing, It's Illegal!

In the last year, the concept of “bullying” has become a source of fierce political and social debate in America. A large part of this debate has been the apparently growing number of injuries and deaths stemming from hazing in high schools and universities across the country. For those who don’t know, hazing is a broad term that identifies any type of cruel, dangerous, demeaning, humiliating or simply funny activity a person participates in as part of an organizational ritual.

Keep Reading

DUI Penalties: The SCRAM Device

In recent years, deterring drunk driving has become one of the California law enforcement’s highest priorities. One of the most recent advances in discouraging impaired drivers is the “Secure Continuous Remote Alcohol Monitor” or SCRAM. It is currently being used in six counties in California, including San Diego.

Keep Reading

Domestic Violence

As you are more than likely already aware, being physically violent or threatening physical violence against another person are criminal acts. However, what you may not know is that the penalties for such crimes become far more severe if they involve a family member or significant other. When significant others or family members are involved, it becomes “domestic violence,” also known commonly as “DV.”

Keep Reading

California Vicodin Laws

Vicodin is the most widely prescribed narcotic painkiller in America, so it is not surprising that it is the most commonly abused. Vicodin’s active ingredient is hydrocodone, which is a “synthetic opiate" similar in effect and chemical structure to heroin. Other hydrocodone based painkillers include: Norcos, Percocets, Percodans and Oxycontin.

Keep Reading

California Prostitution: The Legal Definition

Prostitution is historically known as the world’s first and longest running profession. It exists in in virtually every country on the planet. In some places, it has even been legalized under strict and highly complex legal regulations. California however, is not one of those places. In California, involvement in prostitution is still a very serious crime and carries extensive criminal and social penalties. The following article will outline the ways a person can be convicted of a prostitution offense under California Penal Code Section 647(b). If you have recently been arrested for breaking this law, it is more than likely that police believe you were doing one of the following three things:

Keep Reading