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Published June 6, 2017

What Counts As Drug Possession?

With the passing of prop 64, the topic of drug possession has become more prominent in recent months. While it is now legal for people 21 and older to possess some small amount of marijuana, this is the only drug that has been legalized. Even still, there are rules and restrictions to its use.

Even though the recreational use of marijuana was legalized, many other drugs and substances remain illegal to use and possess. Some of these illegal substances are:

• Heroin
• Cocaine
• Meth
• Ecstasy
• LSD

Possessing any of these drugs can get a person in trouble with the law. Now you might be wondering what constitutes as possession in California?

Possession of a drug could be:

• Having it on your person
• Having it in your glove-box or anywhere else in your vehicle
• Having it in your house

When it comes to punishment for illegal possession of controlled substances, things can vary. Illegal possession of most controlled substances is considered a misdemeanor offense in California thanks to the recently passed Prop 47. This means that someone convicted of drug possession faces no more than a year in jail, and/or a small fine. In many instances, the defendant will be required to participate in a drug treatment program.

Published June 6, 2017

New Jersey’s Failed Bail Replacement

At the start of this year, the state of New Jersey eliminated its bail system in favor of a system where judges determine whether or not it is safe to release the defendant. The idea of this new system was to be fairer to people who would not be able to generate the funds needed to pay for bail. This is the very same system that lawmakers want to implement in California.

It is easy to see how this system sounds like a good idea. You remove the need for people to pay to get out of jail, thus allowing even the poorest person to get out of jail. Unfortunately for many people, this new system is a problem. This system does little to protect victims, or deter criminals.

Many officers refer to this new setup as a revolving door system. Criminals get arrested, and are back out the street by the end of the day. The punishment for committing a crime has been removed, thus allowing the criminals to continue with their ways. This puts thousands of innocent people at risk.

Of course, these criminals will still face charges, they have only been released for the period of their trial. However, since they have been released, there is nothing to stop them from committing more crimes during this period. This differs from when someone is out on bail, since the person out on bail has something to lose. This person paid to get out of jail, and will have wasted the money if he or she gets arrested again.

If the defendant did nothing to get out, like they do in this new system, then there is nothing preventing him or her from committing another crime. Let New Jersey be an example for California, this planned new system will not benefit anyone other than the criminals. Bail offers a person incentive to be on his or her best behavior, and another set of eyes to watch that person during the trial process.

Published June 6, 2017

Is Driving While Hungover Ok?

Everyone knows that driving while drunk is a bad idea. While drunk you have poor motor control, and lack a sense of adequate risk assessment. Basically, you can’t control your actions well, and you do things that you wouldn’t normally do while sober. It is easy to see why people should not be driving in this state of inebriation.

However, what many people do not realize, is that driving while hungover can be just as bad. When a person is hungover, they may not have any more alcohol in their system, but they are experiencing other symptoms. People who are hungover are usually experiencing sleep deprivation, dehydration, and short-term alcohol withdrawal. The symptoms of all of these can make driving difficult and dangerous for the person.

A study conducted by researchers at Utrecht University in the Netherlands found that hungover drivers drove worse than drivers who had a blood alcohol concentration (BAC) of 0.05%. The drivers exhibited erratic behavior and slowed reaction times.

Similar results were found by a study conducted at the University of West England.

If a person was out drinking the night before, he or she should think twice before getting behind the wheel the next morning. Doing so could be as disastrous as if he or she had driven the night before. After a night of drinking, a person should take it easy the next morning. Stay at home, rest, and get hydrated. Doing this will be much nicer than driving anyways, and it will be safer too.

Published June 4, 2017

How To Answer: Have You Been Drinking?

If you have never been pulled over for a DUI before, you may wonder how you should answer when asked if you have been drinking after having a drink or 2. As a United States citizen, you have the right against self-incrimination. This means that you do not have to answer that question.

However, that does not mean you have the right to lie to the officer, or ignore his or her requests. If the officer asks for your license and registration, you should provide it. Lying, will only make things worse for you. The officer will be able to tell if you have had too much alcohol. If you admit to having a two drinks, when you really had 6, you will still be asked to take a field sobriety and a breathalyzer test. These tests will show how many drinks you truly had, and will cause the officer to disregard anything you say from that point on.

If you choose to not answer the question, you can inform the officer that you would rather not say. You can also say that you would like to speak with your attorney. Asking to speak to your attorney cannot be used against you. Remaining silent does not mean you will be allowed to leave. Chances are, you will still need to take a field sobriety and a breathalyzer test. Remaining silent simply keeps you from admitting guilt, or lying to the officer.

Your final option is to just be up front and honest with the officer. You cannot be legally be arrested for drunk driving if your Blood Alcohol Content (BAC) is under 0.08%. In this instance, if you have only recently had one or two drinks, you should be okay. This is even truer if there was an hour or more time between the 2 drinks. You may still have to take a field sobriety and breathalyzer test in this situation. However, there is a chance that the officer might deem that you are capable of driving and let you go on your way.

Ultimately, the best way to avoid this kind of situation, is to have a plan ready when drinking will be involved. Either designate someone as the driver so that he or she will not drink, or get a ride from a taxi, Uber, or Lyft. This way, you will be safe, and you will not have to worry about getting pulled over.

Published June 4, 2017

Tips for Avoiding the Heat

Summer is rapidly approaching in California, and temperatures are on the rise. Summer is a season for exploring and adventure. However, it is also a season of unbearable heat. It is why many people will find themselves hiding out in the shelter of their home, waiting for cooler temperatures.

If you are looking for ways to keep cool this summer, here are a few tips:

• Wear light colored, loose fitting, cotton clothing. Cotton stay cooler than synthetic materials.
• Stay hydrated by drinking lots of water, and sports drinks with plenty of electrolytes.
• Avoid alcohol and caffeine since these cause dehydration.
• Avoid going outdoors during the middle of the day. Instead, go out during the morning or evening when it is cooler.
• Use fans to circulate the air in your house and make it feel cooler.
• Keep water bottles in the freezer and take one with you when you go outside. This way, you will have a cool drink with you as the ice melts.
• Visit public places like a library, movie theater, or mall during the day. These places are usually kept cool during even the hottest of days.
• Take frequent cold baths or showers to help keep cool.
• Visit the local public pool or beach, just be sure to wear plenty of sunscreen.

Many of these things can be done together to help keep you cool during the hottest days summer has to offer. Just remember that it is okay to take it easy during the day. Know your limits, and avoid overworking yourself. Nobody wants to end up in the hospital.

Published June 4, 2017

What is Petty Theft?

Everyone understands the concept of theft, and how bad it is. However, once law enforcement gets involved, it can get confusing for many people not familiar with their terminology. Law enforcement officers have many different phrases and terms for different crimes. These terms help the officers identify the severity of crime, and many other factors. For civilians, these terms can be confusing.

One such term would be petty theft. Most people understand it means something was stolen, but we do not know the specifics. We do not even know the severity of the punishment for petty theft.

In the state of California, petty theft is defined as the unlawful taking of property that is valued at $950 or less. This is different than shoplifting, for example, since shoplifting can only happen in a commercial establishment when it is open for business.

There are 4 different crimes that can lead to petty theft charges:

Theft by Larceny – This makes up most cases of petty theft, and is probably what most people think of when they think of theft. This is simply taking someone else’s property without their permission with the intent of keeping it for yourself.

Theft by False Pretense – This is when a person gives ownership of an item to another person temporarily due to false information that was given by the thief.

Theft by Trick – This is when a person lends an item to a person who has no intention of returning the item. This is similar to theft by false pretense, except in this instance, the property owner never intended for the thief to have ownership. This could be as simple as borrowing an item from someone and promising to return it, without intending to actually return it.

Theft by Embezzlement – This occurs when the owner of property gives a person the property because he or she trusts that person will take care of it. An example would be when someone takes money out of an account that they manage for a company.

All of these can be classified as petty theft, so long as the value of the stolen property is under $950. Petty theft is a misdemeanor crime in California, and is punishable by a maximum of 6 months in county jail, and/or a maximum fine of $1,000.