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Hayward Criminal Defense Law Blog

Acts that could be considered domestic violence

Disagreements can turn into fights, which can turn into something neither side wanted to happen. However, if a line is crossed, a conflict could be considered domestic violence. Did you also know that domestic violence acts can occur without any actual conflict? This is because acts of domestic violence can be physical or mental and emotional.

So. this begs the question, what acts can be considered domestic violence? The easiest to recognize are acts of physical violence, many of which leave a mark on the body. The harder ones to distinguish are the acts that cause mental or emotional turmoil. However, there are also sexual acts that can be considered domestic violence, as well as threats or even financial abuse. In short, there could be more than one way to engage in or be the victim of domestic violence acts.

Has a loved one's addiction led to credit card fraud?

Opioids can seem like a lifesaver when doctors prescribe them to individuals suffering from serious pain. On the other hand, opioids can also seem to destroy lives when people become addicted to them. Unfortunately, opioids are highly addictive, and even someone who starts out using the pills as a prescription pain reliever could succumb to addiction.

Addiction can also result in someone carrying out other unseemly behaviors, some of which could be illegal. If you have a loved one who suffers from opioid addiction, you may have become a victim of his or her behavior, such as having your credit card stolen so the person could pay for drugs. In fact, this type of addiction and credit card fraud often correlate.

Rape kits in domestic violence cases could be processed faster

According to recent reports, there is a backlog in the testing of rape kits for all kinds of victims, including domestic violence victims. It could take several weeks, months or even years for a rape kit to be tested. This can cause problems across the board, but it appears there has been an advance in the technology with which a rape kit is tested.

The advances in technology would allow a rape kit to be processed in a more timely manner. It should help to reduce the 225,000 or so rape kits that are awaiting analysis. Part of the advances came from right here in Alameda county. A technique developed by the Oakland Police Department now makes it easier and quicker for the analyst or technology to differentiate between the attacker's and victim's cells. This could shed light on domestic violence cases, as well as incidents of rape.

Drug crime accusations needn't turn into drug crime convictions

Prescription drugs and over-the-counter medications are readily available and prescribed. Meanwhile, several substances are considered controlled substances and the use or possession of such could lead to criminal charges. If you are accused of a drug crime, there are ways to examine the situation to attempt to create the most favorable outcome possible.

This comes down to building a criminal defense strategy that works to portray the side of the story of the accused. It can also point out any holes in the prosecution or police accusations. Whether a person is facing drug possession, intent to sell or other related drug charges, a drug conviction can change a person's life forever. Drug crimes can be prosecuted as a felony or a misdemeanor.

How does California law impact domestic violence allegations?

Human nature spans a variety of emotions. Love, hate, happiness and anger are just a few feelings that a person can experience as frequently as on a daily basis. Sometimes, emotions can get out of control and be the driver behind poor decisions. However, domestic violence is illegal in the state of California and there are ways to be prosecuted for this type of crime.

When there are allegations of domestic violence, there are usually two sides. One party may see the domestic violence allegation differently than the other. Two people may describe an event completely differently. However, evidence and corroboration of events can help to prove the truth of one side over the other. California law allows those who allege domestic violence to seek emergency protection orders against their alleged attacker.

Drunk driving arrests trending fewer in bay area

Recent reports have shown that drunk driving arrests have trended down in the last two years in the San Francisco bay area. What would cause a decline in nearly 2,400 arrests in a two-year span? At first, authorities and the city were scratching their head. Then they realized the factor introduced that could have impacted the result of fewer drunk driving arrests.

That factor is ride sharing services like Uber and Lyft. Studies by the University of California at Davis found that arrests had declined by 32 percent in San Diego, 28 percent in San Jose, 26 percent in Sacramento and 14 percent in both Los Angeles and the San Francisco-Oakland area in the two years after ride sharing began in each of the areas. These are significant numbers and it means far less people were facing potential criminal charges for drunk driving or intoxicated driving allegations. Other large cities that use the ride-sharing apps, like Las Vegas, have also seen huge decreases in the amount of intoxicated driving allegations.

Everyday objects could be considered drug paraphernalia by police

For better or worse, police officers often receive training in identifying objects that could indicate drug use. The problem is that people who abuse, sell and manufacture drugs use everyday objects. For this reason, a police officer may immediately suspect an individual of possessing drugs due to the presence of one or more object in your possession.

Most illicit drugs require the use of certain objects in order to use, manufacture or sell them. If police suspect you of a drug crime based on objects you are carrying or are in control of, it might be useful to understand what drug officers suspect you have in your possession.

Don't face felony DUI charges alone

Everyone stops out for a drink after work, right? This isn't exactly true, although many do indulge in spirits after work hours. How a person gets home after enjoying a few drinks is important. It is illegal to get behind the wheel when one is intoxicated beyond the legal limits.

Because of this, one may be facing charges related to DUI or felony DUI. There is a big difference between the two, as the latter is obviously charged as a felony and the other, a misdemeanor. Felony is most characterized as one convicted of such a crime would be a convicted felon and they could face one year or more in jail. However, one is not convicted of a crime merely because they are accused of one.

Intent to sell allegation could change the scope of drug charges

If a person is charged with intent to distribute or another similarly worded term for intent to sell in a drug crime charge, this is a serious allegation. Rather than being slapped with a charge for drug use, the prosecution is going to allege that a person was not only in possession, but looking to sell to others for profit.

The reason this can become serious quickly is because intent to sell can be charged as a federal crime. Depending on the evidence the prosecution may have in their possession, this could result in a felony conviction or a stint in a federal prison. If a person has been charged with possession, this is usually treated as a state-mandated crime and is not typically a felony unless the person is in possession of a certain amount or if prior convictions impact the current drug charge the person is facing.

Can allegations of domestic violence result in restraining order?

When a couple does not agree on something, things can escalate quickly. In most instances, this means a quick argument which is resolved at a later time. However, sometimes disagreements between spouses or family members can get really heated and, on some occasions, violent. If you or a loved one has been involved in an incident related to domestic violence, understanding what could happen next is important for both parties involved.

If the police are called to a home due to allegations of domestic violence, they may enforce and "EPO," or Emergency Protection Order. Emergency Protection Orders are a kind of restraining order, but a temporary restraining order. It's meant to give space to both parties involved in a domestic violence situation to prevent any further escalations of violent behavior. There are other, more permanent, restraining orders that could result after-the-fact.

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