About San Diego Criminal Law Center

San Diego Criminal Law Center was created to provide useful information for anyone charged with a crime in San Diego and throughout the state of California. Author and attorney Vikas Bajaj has over 16 years of criminal defense experience. If you have been charged with a crime or under investigation, read our articles for useful info that may help you during this difficult time.

Volunteers Arrested for Feeding the Homeless in San Diego Park

by Bajaj on February 1, 2018

Can you be arrested for helping others? If you live in El Cajon and want to feed the homeless, the answer is yes. Earlier this year, police arrested volunteers for handing out food to the homeless population in a San Diego County park. The volunteers, who belong to a group called Break the Ban, organized to help the homeless after the El Cajon City Council passed an ordinance making it illegal to distribute food on property owned by the city. Their intentional violation of the law could result in some relatively harsh criminal penalties.

Ban on Distributing Food on City-Owned Land

In October 2017, the El Cajon City Council voted unanimously to pass an ordinance that prohibits anyone from handing out food on city property. The alleged purpose of this emergency ordinance was to keep residents of the city safe and limit outbreaks of Hepatitis A. The ordinance, however, has had a direct and significant negative impact on the city’s homeless population. Many of the city’s homeless residents either live or spend a great deal of their time on city property. Preventing anyone from distributing food puts these already-struggling individuals under additional and unnecessary stress.

What is the Penalty for Violating an Emergency Ordinance?

What happens when you violate a controversial ordinance that was recently put into effect by a small group of people? While none of the dozen volunteers who were arrested in El Cajon were carted off in handcuffs, each of them did receive a misdemeanor citation. This citation explains that they are accused of violating a specific law and that they must show up in court to discuss the matter.

In California, violating a local ordinance is a misdemeanor, unless otherwise stated in the law. In some cases, a city will explicitly state that a violation of the ordinance is an infraction, which will carry the possibility of a much less severe penalty. A misdemeanor violation of an ordinance is punishable by:

Up to six months in a San Diego County jail,
A maximum fine of $1,000,
Summary probation, and/or
Community service.

Fighting Criminal Charges for Feeding the Homeless

El Cajon law explicitly prohibits anyone from distributing food on city property. More than one dozen Break the Ban members knowingly and intentionally violated this law and handed out food to the city’s hungry homeless population. How can the volunteers defend their actions and beat the criminal charges they face?

Since these volunteers knowingly violated the law (and planned to do so) they will not be able to assert some of the most frequently used defenses: lack of intent and/or lack of knowledge. In many cases, you cannot be convicted of a crime if you didn’t intend to commit the crime or weren’t aware that you were committing a crime. As a result, the volunteers will have to rely on other, non-traditional arguments.

The volunteers will likely borrow from the playbook of Dr. Martin Luther King Jr. and argue that the El Cajon law is unjust. While he was in prison, King Jr. wrote in a letter “one has a moral responsibility to disobey unjust laws.” If the volunteers can prove that the law is discriminatory and unjust, a court may be reluctant to convict them of any criminal charges. Their arrests could ultimately lead to an intense and lengthy dispute over the Constitutionality the law. If a court determines that the law is discriminatory and unjust, the ordinance may be overturned. The volunteers cannot be convicted of a crime that does not exist.

San Diego Criminal Defense Attorney

If you’ve been charged with a crime – whether it’s for feeding the homeless, shoplifting, or attempted murder – it is incredibly important to fight for your future. If you are ever convicted of a crime you will be exposed to the criminal and collateral consequences that come with a criminal record. Having a record can make it difficult to get a job, find safe housing, and even participate in government welfare programs. You have the right and the power to defend yourself against any criminal charges, and the attorneys at the San Diego Criminal Law Center can help. Call us today to schedule a free consultation and learn more.

Are DUI Checkpoints Legal in San Diego?

by Bajaj on January 8, 2018

The number of drivers who get behind the wheel while under the influence of drugs and/or alcohol tends to increase drastically around the holidays. Since the winter sees an extended holiday season, stretching from Thanksgiving to beyond the New Year, drunk driving accidents tend to peak around this time. In an effort to combat drunk driving, San Diego police have staged multiple DUI checkpoints across the city. Over the weekend, one downtown checkpoint allowed police to arrest seven people on the suspicion of drunk driving.

About DUI Checkpoints

Aren’t police required to have probable cause that you’ve committed a crime in order to pull you over? Doesn’t the very definition of a DUI checkpoint violate the Fourth Amendment? Drivers who are arrested as DUI checkpoints may want to make this argument, but it will not go very far in court. DUI checkpoints are legal in the state of California. According to the law, all drivers have a legal duty to stop at all posted sobriety checkpoints and comply with sobriety inspections. Specifically, California Vehicle Code 2814.2(a) VC states that: “a driver of a motor vehicle shall stop and submit to a sobriety checkpoint inspection conducted by a law enforcement agency when signs and displays are posted requiring that stop.”

DUI Checkpoint Requirements

Just because DUI checkpoints can be legal, however, does not mean that any pop-up checkpoint on the road is legitimate. DUI checkpoints must be developed, designed, and executed following certain parameters in order to be considered legal stops. Law enforcement agencies who fail to adhere to these parameters may have their stops and arrests invalidated.

In Ingersoll v. Palmer, the Supreme Court of California expressed that a legal DUI checkpoint must:

Use neutral criteria to determine how drivers will be stopped;
Be placed in a reasonable location;
Employ safety measures to protect law enforcement officers and drivers;
Be advertised in public before it is used;
Be a minimal intrusion; and
Operate under the sole direction of a supervising officer.

DUI checkpoints must be operated for a specific purpose and in response to specific information. The law enforcement agency must exercise good judgment in determining when and where a checkpoint will be held.

What Should I Do at a San Diego DUI Checkpoint?

If you are stopped by law enforcement at a San Diego DUI checkpoint it is important to remain calm. Police will be searching for indications that you are under the influence of drugs and/or alcohol. You will be considered under the influence if you lack the reflexes, skills, and competency to drive a vehicle safely. Your demeanor and behavior during the stop will significantly affect the outcome. Make sure that you are polite to the officers conducting the inspection. Don’t give police a reason to suspect that you have been drinking. A reasonable person who is stopped at a checkpoint may be irritated, but they will have the sense to be polite and cooperate. Rude or offensive conduct may lead police to believe that you are under the influence.

It is also essential to cooperate with the requests that are made of you during this stop. In most cases, police will simply ask you a few questions about where you are driving from, where you are going, and what you have been doing. While you are not legally obligated to answer, it will generally be in your best interest to provide short answers. They will use the answers to these questions, as well as the way you answered these questions, to help them determine if you are drunk. Blatantly running through the checkpoint or complying with requests to produce identification will likely result in charges for an infraction.

Collateral Consequences of DUI Checkpoints

Sometimes a DUI checkpoint can allow police to pinpoint other illegal conduct. For example, driving on a suspended license or driving without valid registration are both against the law in California. These are things that could be discovered by police during a DUI checkpoint and there is nothing to stop them from issuing a ticket or arrest. It is important to note that a recent change in California law prohibits police from impounding your car at a checkpoint if your only crime is driving without a license. Your car may, however, be impounded if you are arrested on suspicion of drunk driving.

How Can I Learn More About DUI Checkpoints?

DUI checkpoints are only legal if they are advertised in public prior to the date and time they are held. You can search for DUI checkpoints in San Diego by checking out your local police department’s website and social media, reading a local newspaper, or watching the local news. The time and location of DUI checkpoints are also frequently spread from person to person through social media platforms such as Facebook and Twitter. These can be valuable resources for finding out about DUI checkpoints in San Diego.

You can also learn more about DUI checkpoints in San Diego by contacting the San Diego Criminal Law Center. Our experienced team of criminal defense attorneys would be happy to discuss your case with you. Call us today to schedule a free consultation.

Understanding Legalized Marijuana Laws in San Diego

by Bajaj on January 5, 2018

Recreational marijuana became legal in the state of California when the clock struck midnight on January 1. As a result, the laws concerning marijuana possession, distribution, and cultivation changed dramatically. Contrary to popular belief, all marijuana use is not legal. In light of the state-wide legalization, some counties and cities in California have passed legislation to ban the sale and cultivation of the drug at the local level. Additionally, there are still strict regulations in place that must be followed in those cities where marijuana is legal. Failing to follow these regulations can result in significant fines and, in some cases, criminal drug charges. It is important to understand that marijuana use is highly regulated and that breaking the law can still land you in serious trouble.

Many San Diego Cities Have Banned The Sale of Marijuana

As the present moment, the city of San Diego is the only place in San Diego County where marijuana can be legally grown and sold. Some cities, like Chula Vista, are discussing legalizing the drug in the future. For now, however, if you want to buy marijuana in places like National City, Santee, or San Marcos you will be out of luck. Since no licensed retailers can sell the drug in these cities you cannot legally purchase the drug within those city limits. Purchases of marijuana, as a result, are prohibited. Breaking the law will result in penalties ranging from small fines to potential jail time. The punishment will be linked to the amount of marijuana you purchase from an unlicensed dealer.

Marijuana Must be Purchased From Licensed Retailers

In order to legally sell marijuana, retailers must apply for and receive a special permit. Once this permit is awarded the retailer must adhere to strict regulations and guidelines. These guidelines help to ensure that marijuana is safe, sold during permitted hours, dispensed in limited amounts, and only sold to adults over the age of 21. Retailers who violate the terms of their permits can face fines, criminal charges, and the loss of their license to dispense.

There are Limits on Where You Can Consume Marijuana

No Public Consumption

You can walk down the streets of San Diego and see dozens of people happily puffing away on their cigarettes. However, don’t expect to be able to light up your marijuana cigarette or chow down on an edible in public. Marijuana consumption must be done in private. If you are found using the drug in public you will face a fine of no less than $100. Multiple violations of the law could result in additional fines and even criminal charges.

Cars Are Off Limits

Under the new marijuana laws, you will be prohibited from consuming marijuana while you are in a motor vehicle. Lighting up in your car can result in fines and even DUI charges. Local cities will be responsible for determining specific penalties for smoking in vehicles.

Drugs Still Prohibited Near Schools

Marijuana cannot be legally sold within 600 feet of a school. When you have legally purchased marijuana from a licensed retailer you will also be prohibited from consuming the drug on or near school grounds. The state’s strict drug-free school zones will still be in effect, so breaking these laws can have serious consequences.

Possession Can Still Be a Crime

The new marijuana laws legalize the possession of some quantities of marijuana. Specifically, adults over the age of 21 can legally possess up to 28.5 grams of marijuana at one time. If you are found in possession of a greater quantity of the drug you can face fines and criminal charges. If the quantity of the drug is excessive, you could even face charges of possession with the intent to distribute.

Limitations on Growing Your Own Plants

You may decide that you want to grow and cultivate your own marijuana right at home. If your San Diego city permits cultivation, you can legally grow up to six marijuana plants at one time. Under the law, six or fewer plants are associated with personal, rather than commercial, use. If you are found in possession of more than six plants you will likely face criminal charges.

Call the San Diego Criminal Law Center

Marijuana may be legal, but the laws are still complex. If you have any questions about the legalization of marijuana in San Diego, or if you are facing marijuana-related criminal charges, do not hesitate to contact the San Diego Criminal Law Center for help. If you need assistance finding an attorney, see our guide on finding a criminal lawyer.

Next Posts Previous Posts