Law Offices of Jess C. Bedore III - Certified Specialist in Criminal Law
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Roseville CA Criminal Defense Law Blog

Graduation and teen drinking

One big cause of drunk driving is simple: celebration. Teens are graduating from high school. They're excited. Their parents are excited. Parties spring up all over the place.

At many of these parties, teens are drinking. In some cases, they have to sneak the alcohol in without letting adults know; after all, they're legally too young to drink. In other cases, though, adults give it to them intentionally, as a sort of reward for getting through high school. Some may even see it as part of this rite of passage, regardless of what the law says.

Juvenile penalties: The penalties your child could face

Children and teens make mistakes. It's a sort of right of passage. Parents correct the errors their children have made by penalizing them, and the children learn as a response. In situations where a child commits a crime, it's not that simple to move forward.

If a child is accused of breaking the law, he or she will be involved in a juvenile delinquency case. This case is handled by looking at many factors like the age of your child, the severity of the charge and at your child's criminal record.

What constitutes sexual assault in California?

The state of California has specific laws that govern instances in which a person is accused of committing sexual assault. Specifically outlawed are acts that involve the non-consensual touching of another person's intimate parts. Under California law, "intimate parts" include a person's anus, groin, sexual organs, buttocks and breasts."

If you've been charged with sexual assault, you will not be found guilty of the crime unless the prosecution proves you to be guilty beyond a reasonable doubt. In order to prove guilt, the prosecution must establish that:

Can you loan a gun to someone in California?

Laws regarding the purchase of firearms are restrictive, but many people don't realize that loaning guns is also restricted by law. Generally speaking, if you want to loan a weapon to someone you don't know, you have to go through a licensed firearms dealer, the same way you do when you buy.

There are exceptions to this, though, as laid out in Assembly Bill No. 1511, which was approved by the Governor in July of 2016.

Proving marijuana intoxication is difficult for prosecutors

While you may think of drunk driving as only being a term used when someone drinks alcohol and gets behind the wheel, it can also refer to people who are intoxicated with other substances. Drunk and drugged driving both fall under the DUI or DWI charges you could face if you're intoxicated when you drive.

One thing that is interesting in science today is the difficulty of testing individuals for the use of marijuana before they get behind the wheel. A May 3 news report discussed how it's very difficult to accurately determine how impaired someone is after taking marijuana. Some people may have little or no impairment when others are significantly impaired due to the way the body metabolizes the drug.

Man charged with DUI after fatal Sacramento car accident

A 58-year-old man struck and killed a well-known runner from Sacramento on April 27 at approximately 10:45 p.m. in South Sacramento. The man allegedly struck a woman who was running, Although she initially survived, the woman succumbed to her injuries several days later at the hospital.

The victim who was struck by the car was memory impaired and a prominent runner known to her community. The morning before the accident, she went missing. Police searched for her all day and into the evening. Unfortunately, they didn't find her in time.

How many children are tried as adults?

In certain situations, minors can be tried as adults when they go to court. Many people assume that this doesn't happen often and that it's only used for the worst cases. The idea is that these crimes are so serious that putting the kids through the proper juvenile courts may not net them a sentence that actually fits. So, how many children are tried this way?

In just 2014, records show that 474 children went to court and were tried as if they were adults. That is just for California.

Sexual assault cases: Campus penalties and court matters

Sexual assault charges land you in deep trouble with the law quickly. They have the potential to damage your reputation and make it difficult to work, spend time in your social circles or enjoy time with your family.

One thing that you may not have realized about sexual assaults is that many are not reported. Specifically in the cases of those in college, schools sometimes shield students from the law. During the Obama Administration's term, the law cracked down on schools and required them to report incidents of sexual violence. For some students, this was welcome, because they believes their attackers were not being penalized. For others who were falsely accused, this added an extra layer of damage.

Defenses against an underage DUI charge

An underage drinking and driving charge represents a grave threat to the future of a young person. If you're under the age of 21, and you are convicted of operating a vehicle with alcohol in your bloodstream, you could face many life-related setbacks in addition to increased insurance premiums and standard criminal consequences. For example, young intoxicated drivers could lose college scholarships, the ability to enter the university of their choice, job opportunities and more.

Because the consequences of conviction are severe and life changing, those accused of underage DUI will want to take their legal defenses seriously. Here are some defenses that a young driver may be able to employ:

Indicators that a breath test device may not give valid results

If the results of a breath test surprised you, with the officer telling you that you were intoxicated when you really did not think you were over the legal limit, it's important to remember that breath test devices are not always accurate. There are a few indicators that you can watch out for, which could mean the test isn't being done properly.

For instance, maybe the officer seems confused about how to use the breath test. Remember, officers need to be trained and certified. They have to use their training and administer the tests properly. If this doesn't happen, the reading could be false.

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