Law Office of Brandon S. NaiduFindLaw IM Template2023-09-20T04:52:33Zhttps://www.naidulawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1101455/2019/05/cropped-favicon-32x32.pngOn Behalf of Law Office of Brandon S. Naiduhttps://www.naidulawfirm.com/?p=716822021-05-28T17:08:49Z2021-05-28T17:08:49Zpenalties of a DUI if you drive with a blood alcohol content level at or above 0.08%, states the California Driver Handbook. Even though there are clear rules about drinking and driving, many myths surrounding drunk driving and DUIs still exist.
Eating can lower your BAC level
Having food in your stomach can slow the absorption process of alcohol into your bloodstream. However, eating while drinking cannot lower your BAC level. The only way for your BAC level to go down is to wait after consuming alcohol.
Putting pennies on your tongue can trick a breath test machine
Some believe putting pennies on their tongue while taking a breath test can change the way that the machine detects alcohol. This is untrue and law enforcement officials will check your mouth before administering a breath test during a DUI arrest.
Refusing to cooperate with law enforcement is beneficial
You may disagree with a law enforcement official’s decision to pull you over for drunk driving. But exhibiting aggressive or uncooperative behavior could make the situation worse and raise suspicion that you are at fault.
Navigating the process after getting pulled over for drunk driving can be intimidating and confusing. Do not fall victim to common myths surrounding the DUI process and follow all administrative instructions provided by official government agencies after your arrest.]]>On Behalf of Law Office of Brandon S. Naiduhttps://www.naidulawfirm.com/?p=716842021-05-28T17:08:46Z2021-05-28T17:08:46Zstay calm and contact your family and friends.
The right response
While false domestic violence accusations are shocking, reacting with anger is never a good idea. You should never say anything that a person could use against you in court. Even if the accusations are entirely false, a person willing to falsely accuse you of this crime is likely not below twisting your words.
It is also a good idea to take the time to change any passwords to social media accounts. It is possible that your accuser could try to use your accounts to create a “paper trail” of false abusive messages.
Keeping your loved ones close
Speaking with your loved ones can help negate any suspicion against you. You do not want your loved ones believing that you committed this crime. Often, domestic violence rumors get out of control through gossip.
Letting your friends and family immediately know what is going on will help keep your support network on your side. Dealing with false domestic violence accusations is stressful, but staying calm and cultivating support are the right first steps.]]>On Behalf of Law Office of Brandon S. Naiduhttps://www.naidulawfirm.com/?p=716482021-05-21T18:04:30Z2021-05-21T18:04:30ZWhat constitutes grand theft under the law?
California Legislative Information explains the laws regarding grand theft in the state. The taking of money, property, or labor without permission in excess of $950 is grand theft. As for labor theft, an employee or contracted worker must steal $950 over the course of a 12-month period.
There are other situations that fall into this category. When it comes to the theft of livestock or farm crops, including certain fruits and vegetables and domestic fowls, the grand theft value is in excess of $250. The same value applies when theft involves "aqua cultural" goods such as fish and crustaceans from a commercial or research entity.
Taking a vehicle or firearm from another person without permission immediately results in a charge of grand theft, regardless of monetary value.
What are the possible penalties for grand theft?
Incarceration and fines are possible punishments for grand theft, but the details depend on a few factors. For example, punishments increase when the crime involves theft of a firearm. A person's previous criminal record can also affect sentencing.
In general, jail times can last a few months up to a year, or span years for more serious offenses. Terms occur either in county jails or state facilities depending on the nature of the crime, the length of the term, and other factors.]]>On Behalf of Law Office of Brandon S. Naiduhttps://www.naidulawfirm.com/?p=716372021-04-12T18:11:24Z2021-04-12T18:11:24ZSelling or storing your firearm due to a restraining order
The Judicial Branch of California states that gun owners who have restraining orders taken out against them have a number of options with respect to their firearms, whether they decide to sell their guns or have a licensed dealer store them until the expiration of the restraining order.
Gun owners who cannot continue to possess firearms due to a restraining order can also bring their firearms to law enforcement. However, you need to go straight to law enforcement with your gun and make sure that your firearm is not loaded.
Other considerations regarding firearms and restraining orders
The Judicial Branch of California also reports that some gun owners have to pay law enforcement agencies to hold their firearms throughout the duration of a restraining order. Moreover, if you sell your gun to a dealer or have them store your firearm, you need to make sure they have a license and you must file Form DV-800.]]>On Behalf of Law Office of Brandon S. Naiduhttps://www.naidulawfirm.com/?p=716402021-04-12T18:11:22Z2021-04-12T18:11:22ZWhite collar crime examples
The Federal Bureau of Investigation, which investigates all federal-level white collar crimes, lists these as the most common:
Embezzlement
Money laundering
Identity theft
Health care fraud
Intellectual property theft
Ponzi schemes
Less often, you read about high-profile prosecutions for white collar crimes such as mail fraud, insider trading, misuse of public funds and RICO violations, i.e, those prosecuted under the Racketeer Influenced and Corrupt Organizations Act.
Origin of term
Prominent 20th Century sociologist Edwin Sutherland coined the term “white collar crime” in the 1930s. He defined it as one “committed by a person of respectability and high social status in the course of their occupation.”
Keep in mind that during this period in our history, the dress code for highly respected businessmen – few businesswomen existed at the time – always wore long-sleeved white shirts under their dark-colored three-piece suits. Hence, when they used their positions for illegal purposes, they committed white collar crimes.
Obviously women have entered the business world, including its upper echelons, since the 1930s, and business attire has become considerably less formal. Nevertheless, the term “white collar crime” has stuck.]]>On Behalf of Law Office of Brandon S. Naiduhttps://www.naidulawfirm.com/?p=716302021-04-12T19:22:07Z2021-04-09T12:49:37ZDangerous substances or medicinal aid?
A growing number of experts say that psychedelics should be treated like medication, not illegal drugs. They point to studies that indicate using psychedelics can help treat mental illnesses like post-traumatic stress disorder and depression. That is why California State Sen. Scott Wiener has introduced a bill that would legalize several types of psychedelics, including LSD, mushrooms, MDMA, ketamine and mescaline. The bill excludes peyote because it is considered a threatened species.
The active ingredient in these drugs is called psilocybin. Voters in Oregon and the District of Columbia recently passed measures to either decriminalize psilocybin (D.C.) or move a step closer to fully legalizing it (Oregon). Within California, the cities of Oakland and Santa Cruz have passed resolutions decriminalizing certain naturally-occurring psychedelics.
If Wiener's bill passes, it would mean that those caught with drugs containing psilocybin would not be subject to arrest in California. It would also expunge prior drug possession convictions from people's criminal records.
Psychedelics are against the law in California
Currently, drugs like LSD, MDMA and mushrooms are illegal in San Diego. Even misdemeanor charges can lead to serious consequences, including jail time and fines. To confront drug charges, you need a strong criminal defense. Working with an attorney can help you understand your rights and how the criminal justice system really works. With proper representation, you have the best chance of reaching the fairest outcome to your case.]]>On Behalf of Law Office of Brandon S. Naiduhttps://www.naidulawfirm.com/?p=716262021-03-23T17:48:41Z2021-03-26T17:47:50Zstate of California.
1. Physically hurting someone
If a current or former partner accuses you of either intentionally or recklessly causing them physical harm, the law considers this a domestic violence charge.
2. Sexually assaulting someone
Another act that falls under this kind of abuse is sexual assault. Under California law, it is illegal to force a partner to engage in sexual activity against his or her will.
3. Scaring someone or disturbing someone's peace
Physical harm is not the only kind that the law recognizes as domestic violence. Words and behaviors matter, too. Threats, harassment and stalking are also common forms of abuse.
4. Destroying property
Additionally, physical violence does not need to be against your actual partner. The law also considers the destruction of a his or her belongings to be a type of domestic violence.
By taking the time to thoroughly understand the charges you are facing and responding quickly, you may be able to save yourself significant legal trouble down the road.]]>On Behalf of Law Office of Brandon S. Naiduhttps://www.naidulawfirm.com/?p=716112021-03-11T15:54:43Z2021-03-11T15:54:43Ztips for legally carrying a prescription outside your home. Ensure that police do not get the wrong idea about your ADHD medication.
The Controlled Substances Act
One of the most essential facts to know is that the law classifies a major percentage of ADHD medications as controlled substances under The Controlled Substances Act. Substances included in the act come with the possibility of misuse or abuse. The lower the level, which spans from Schedule I to Schedule IV, the lower the risk of abuse. A majority of ADHD medications fall under the Schedule II category, giving them major potential for abuse. Beyond the Controlled Substances Act, states have their own regulations and penalties surrounding medications.
The legality of carrying ADHD medication outside your home
You, a caretaker or your parent may carry your ADHD prescription outside your home. Even then, only take your medication with you if you have little choice but to. If you do, keep your prescription in its original medicine bottle with the original prescription label that has your legal name and the prescription date. To be on the safe side, the next time you fill your prescription, ask your pharmacist for a smaller labeled bottle that can carry a few pills outside your home. Along with a labeled medicine bottle, carry your actual prescription, too.
Stay on the right side of the law while tending to your health. Understanding your rights and responsibilities keeps you from experiencing a rude awakening with the police.]]>On Behalf of Law Office of Brandon S. Naiduhttps://www.naidulawfirm.com/?p=716192021-03-11T15:54:41Z2021-03-11T15:54:41Zcommitting battery.
What is assault?
With assault, the perpetrator must be trying to cause a violent injury to another person. In this case, the prosecutor needs to prove that the defendant wanted to commit battery and was in a position to do so. The prosecutor does not need to prove that contact ever happened for an assault charge to stick. Actual physical contact is not required for assault charges.
What is battery?
Battery is the act of a perpetrator using force or violence against another person. In order for the prosecution to make a claim of battery, the prosecution must prove that contact the individuals in question made physical contact of some kind. In some instances of battery, the contact does not need to be “traditionally” violent: for instance, spitting on somebody may constitute battery.
In the case of domestic violence, California also has separate specific battery laws that are slightly different from general battery under Section 242 of the California Penal Code. Depending on the nature of the offense, the criminal background (or lack thereof) the defendant has and any aggravating circumstances battery may be either a misdemeanor or a felony charge. Simple assault, on the other hand, is a misdemeanor.]]>On Behalf of Law Office of Brandon S. Naiduhttps://www.naidulawfirm.com/?p=716162021-03-11T15:54:39Z2021-03-11T15:54:39ZHaving any association with past criminal activity on your record can have a dramatic impact on both your private and public life in California. It can keep you from working in certain sectors, securing housing, and even enjoying the exercise of certain civil liberties.For many of our past clients here at The Law Office of Brandon S. Nadia, those associations occurred during their teenage years (when a lack of maturity might have lead them into actions they would now avoid). If that describes your situation, then you will certainly want to know what your options might be in having such activity removed from any public records.
Sealing records of juvenile offenses
According to the Judicial Branch of California, you may qualify to have the record of certain juvenile offenses sealed. Juvenile courts will automatically seal records adjudicated after January 1, 2015 provided that your actions did not constitute an offense under Section 707(b) of California’s Welfare and Institutions Code. Per state law, if your case meets this criteria, the court must dismiss it upon the completion of your probationary period. Having your record sealed (while not necessarily a total expungement) would essentially make it as if the offense never occurred in regards to public records.For offenses ruled upon prior to the aforementioned date, you must petition the court to have your records sealed.
Concealing the record of violent offenses
In your prior involvement with the legal system dealt with offenses detailed in Section 707(b), you can still seek to have such records sealed. The only exceptions would be the following scenarios:
Your offense mandated that you register under as a sex offender
Your conviction came in an adult criminal court
Prosecutors tried you as an adult for offenses involving “moral turpitude”