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The Ultimate Guide to California’s Proposition 64

Posted by William Aron | Nov 15, 2022

In 2016, a voter initiative known as Proposition 64 legalized cannabis in the State of California. Since the proposition went into effect, Californians have benefited from reduced penalties for certain marijuana-related crimes and the legalization of the possession, consumption, and growth of cannabis with some limitations.

One of the most significant benefits of Prop 64 is anyone who has been convicted of a marijuana offense in California may petition to have their infraction reduced or expunged from their record. If you were convicted of a marijuana-related crime in California, Aron Law Firm could provide the thoughtful, intelligent legal representation you need to effectively defend your case.

What You Should Know About Proposition 64 in California

More formally known as the Control, Regulate, and Tax Adult Use of Marijuana Act, Proposition 64 has led the way in the decriminalization and legalization of marijuana use in the United States. Although marijuana use is still prohibited on the federal level, Prop 64 made the possession, cultivation, and sale of cannabis legal for anyone over the age of 21 in California, whether they want to use it for medical or recreational purposes.

Once Proposition 64 went into effect, marijuana and its products became taxable. However, in order to sell cannabis products, sellers were now required to hold a valid license and abide by various city, county, and state regulations.

Anyone under the age of 21 is not covered under Prop 64. Therefore, individuals under 21 can be convicted for using, selling, or possessing cannabis and may be required to attend drug education classes or complete community service.

Prop 64 permits the use of cannabis in private residences or at businesses licensed for on-site consumption. Marijuana use is banned in public places, including at schools, daycare facilities, and youth centers. Using cannabis or having an open container of a cannabis product while driving or riding in a vehicle is also prohibited.

How To Petition for Expungement Under California’s Prop 64

With the passing of Proposition 64, certain marijuana offenses are now eligible to be reduced or expunged. A California criminal defense attorney can help you determine whether you may be eligible for expungement under Prop 64. Whether you qualify for expungement under Prop 64 will largely depend on the nature of your offense.

If you are eligible to petition for expungement, your criminal defense lawyer will gather the necessary documentation and craft a petition to submit your case to the court. After the prosecutor has been given time to respond, your case will be seen by a judge, where your legal representative will present your case and work diligently to have your charges reduced or expunged entirely.

File for a Proposition 64 Expungement with a California Criminal Defense Attorney

At Aron Law Firm, we are committed to helping Californians get their lives back after a drug charge. If you have been convicted of a marijuana-related offense in California, it is imperative to seek legal counsel to reduce or expunge your offenses.

We understand the toll a single drug charge can take on your freedom, reputation, and opportunities, which is why we will exhaust all avenues to get the outcome you deserve. To schedule an appointment with an Aron Law Firm criminal defense lawyer, call our office today at (805) 618-1768 or fill out our convenient online contact form, and we will get back to you as soon as possible.

Top 5 Defenses After a California DUI Charge

Posted by William Aron | Nov 10, 2022

Facing DUI charges can be life-altering, and the resulting effects may pose a ​​significant impact on your career. Consequently, one of the most important steps you can take after being charged is contacting a knowledgeable and experienced attorney who can build you a rock solid defense. While approaching a lawyer may sound like an intimidating task, it’s important to know that our team will listen to your story, identify important details, and gather evidence to cast doubt on the accusations against you. 

At Aron Law Firm, we have years of experience implementing innovative strategies to defend against DUI charges. We understand these cases are often complicated, but our extensive knowledge and resources have proven successful. You deserve top-notch representation that will fight tirelessly for your rights, and we are here to support you every step of the way.

5 Defenses to Reduce or Dismiss DUI Charges in California

After working on DUI defense cases for many years, we have developed effective defenses to DUI charges that better your chances of getting them reduced or dropped in the best-case scenario. Depending on the circumstances of your case, we may be able to use the following defenses against a DUI charge:

Field Sobriety Test Inaccuracy

After pulling someone over for suspicion of driving under the influence, an officer will often administer a Field Sobriety Test consisting of different exercises that demonstrate someone’s physical and mental state. If you participated in this test, we might be able to challenge the results as part of your defense. 

Many factors may impact your ability to perform Field Sobriety Tests, including the following:

  • Poor physical coordination
  • Tiredness
  • Nervousness
  • Clothing
  • Flat feet
  • Weather conditions

Because officers make their own decisions about your state of mind based on your performance during the tests, the results could be inaccurate or influenced by another element. 

Officers Failed to Follow Proper Protocol

When pulling someone over for a potential DUI, police officers have to follow specific procedures, one of which is a 15-minute observation period. During this time, the officer should observe your actions before giving you a DUI test. Often, officers use this time to fill out paperwork or do not conduct the procedure properly. This could affect your test results.

Officers could also administer tests improperly, failing to follow California’s Title 17 regulations. This could taint your results. Any breaches in protocol could serve as a defense against your charges.

Outside Factors Influenced Your BAC

With our years of experience as DUI defense lawyers, we have seen certain medical conditions like diabetes and hypoglycemia inflate BAC test results. If you are fasting, on a high-protein diet, or have one of these conditions, your body breaks down stored fats for fuel. When your body does this, your liver produces toxic byproducts similar to alcohol found in acetone. This is sometimes excreted in your breath, making for inaccurate test results and false DUI charges.

Bad Driving Does Not Mean You Drove Under the Influence 

Another defense that could potentially reduce your charges is that you drove irresponsibly but not under the influence of drugs or alcohol. The prosecutor may highlight your driving patterns, such as weaving in a lane or speeding. However, these patterns are not always indicative of a DUI. According to the National Highway Traffic Safety Administration, these patterns are only 35% accurate for predicting DUIs, making them an ineffective way to administer these charges.

Intoxication Symptoms Are Not the Same as a DUI

Prosecutors may also use physical symptoms as proof you drove under the influence. However, this is not always the case. The officer that arrested you may point out red, watery eyes, unstable walking, flushed face, and alcohol on the breath. These symptoms could result from allergies, a cold, fatigue, or eye irritation. Officers could see these symptoms and inaccurately charge you with a DUI. We may argue that alcohol often has no odor, or the alcohol on your breath came from a non-alcoholic source, like cold medicine or a medical condition.

Seek Help From a Seasoned California Defense Lawyer at Aron Law Firm

Receiving DUI charges is a stressful experience. You may worry about how they might impact your career, and it may be challenging to determine the best path forward. At Aron Law Firm, our compassionate team is here to support you throughout your entire case to help reduce your charges or have them dropped, in the best case.

With our years of experience, we have developed innovative and effective strategies for DUI cases. Our attorneys are well-versed in California law and have the skills to take on your unique case regardless of the circumstances. Give us a call at (805) 618-1768 or fill out our contact form to arrange a consultation.

What to Do When There Is a Warrant for Your Arrest

Posted by William Aron | Nov 5, 2022

Learning that you have a warrant for your arrest can be a frightening experience for just about anyone. A warrant is a document a judge issues on behalf of the state that allows the police to take an individual accused of a crime into custody. This document includes the crime committed, the name of the person accused, and their location. After finding out you have a warrant for your arrest, you may not know the next steps to take. Fortunately, you do not have to go through the process alone.

At Aron Law Firm, we have years of experience working on criminal defense cases. Our compassionate team takes every case seriously and provides open and honest communication. We understand the potential impact an arrest warrant may have on your career, so we are here to help you understand the best course of action to take after discovering you have one.

4 Steps to Take After Discovering a Warrant for Your Arrest

You may have a warrant out for your arrest for many reasons, including a DUI, unpaid traffic violations, theft, or other misdemeanors and felonies. Know that an officer may arrest you lawfully at nearly any time, according to California Penal Code 842. If you discover that the police have a warrant for your arrest in advance, there are steps you may take to fight for your rights and better your chances of reduced punishments, which include the following:

Hire a Criminal Defense Attorney

One of the best steps you may take right after finding a warrant for your arrest is to contact a criminal defense lawyer. They may help figure out the best path forward, attend court hearings with you, and speak on your behalf. Our knowledgeable lawyers at Aron Law Firm may help you in the following ways:

  • Listen to your story and document important details
  • Conduct a thorough investigation of your case
  • Gather evidence to build a strong defense
  • Cast doubt on the accusations against you
  • Communicate with you and your family about your case
  • Attend questionings and hearings with you
  • Fight to reduce or, in the best-case scenario, dismiss your charges

Our lawyers strive to take the weight off your shoulders and make the legal process as stress-free as possible. We handle every aspect of your case from start to finish, so you can trust that you are taking the right steps toward a successful outcome.

Make Post Bail Arrangements

After consulting with us, you should reach out to a bail bonds center to see if arranging post-bail is an option for you. Doing this betters your chances of getting your jail time reduced. We may be able to help you determine who to contact and what to say to the bail bonds person.

Consider Turning Yourself In

To increase the likelihood of getting your sentence reduced, you should turn yourself in and cooperate with the police. We may help ensure you do this in the correct jurisdiction so you can avoid unnecessary jail time before your bail is set. We can also help you determine the best time to do this, so you may get a quicker release.

Avoid Making Any Statements

Another step that could benefit your case is exercising your right to remain silent. Anything you say to any inmates or on the phone may be used against you. Therefore, you should always have your lawyer present during questioning and avoid making any written or verbal statements so you do not say anything that could hurt your case.

Contact a Seasoned California Criminal Defense Lawyer at Aron Law Firm

After finding out you have a warrant for your arrest, you may worry about how it could affect your career. It can be challenging to figure out who to contact and the best steps to take to reduce your charges. With our trustworthy lawyers by your side, you may better understand the circumstances of your case and what to do to increase the likelihood of a positive outcome. At Aron Law Firm, we understand the information warrants contain and how to handle every unique situation.

With our years of experience providing effective legal services in California, our team understands the complexity of these cases and fights tirelessly to seek the justice you deserve. With our innovative strategies and resources, we partner with you and build a strong defense to reduce your charges or get them dismissed in the best case. To arrange a consultation, fill out our contact form or call us at (805) 618-1768.

4 Reasons Your Domestic Violence Charges May Be Dropped

Posted by William Aron | Oct 18, 2022

Alleged victims of domestic abuse cannot drop the charges once the accusation is made. In California, technically, only the district attorney may drop domestic violence charges after an accusation. Alleged victims cannot change their minds once they call the police to the scene—at this point, the decision is out of their hands.

The good thing about the charges being out of the alleged victim’s hands is that you do not need to prove to them that the charges need to be dropped. You need to prove it to the district attorney. At Aron Law Firm, we have experience defending thousands of criminal charges and can help you build a robust defense to seek the best possible outcome.

4 Reasons Domestic Violence Charges May Be Dropped

Once an alleged victim contacts law enforcement about domestic violence, the accused person could face a criminal charge under California Penal Code 273.5 or code PC 243(e)(1). Once a criminal charge for violating PC 273.5 or PC 243(e)(1) has been put in motion, it will then become the district attorney’s decision whether or not to drop charges regardless of the alleged victim’s wishes.

Prosecutors may choose to drop charges for violating California PC 273.5 and PC 243(e)(1) in the following instances:

1. Insufficient Evidence

One of the primary reasons the prosecution may drop charges is the lack of evidence. The prosecution must show the court that the defendant is guilty beyond a reasonable doubt. When a prosecutor cannot establish that the defendant committed all elements that make up a domestic violence charge, they may choose to drop the charges. To prove domestic violence, the prosecution must prove the following:

  • The defendant willfully touched another person.
  • The touching was harmful or offensive.
  • The person whom the defendant touched is or was an intimate partner.

When one or more of these elements are difficult or nearly impossible to prove, the prosecution cannot move forward with the charges and will likely elect to drop them.

2. Inconsistent Statements

Prosecutors review the alleged victim and the defendant’s statements before proceeding with the charges. In some cases of domestic violence allegations, the victim may make two statements—one to the responding officer and a written statement. If the statements are inconsistent, the witness may be deemed unreliable. Other times, the alleged victim’s story does not match their injuries. Sometimes a witness or alleged victim changes their story. All these instances create doubt in the case, and they must be able to prove the charges beyond a reasonable doubt.

3. No Visible Injuries

Not having visible injuries does not mean that domestic violence did not occur, nor is it a requirement for a defendant to face domestic violence charges. However, a prosecutor needs evidence of harmful or offensive touch to charge a person with domestic violence. While the evidence does not need to be physical injury, the lack of visible injury may make it more challenging to prove the offense occurred.

4. No Independent Witness

Many domestic violence acts are committed between people in a familial relationship and go unwitnessed. Having no witnesses does not mean the defendant cannot be arrested. A prosecutor may still charge a person with domestic violence, even without a witness, if the following applies:

  • New and visible injuries
  • Statements by the two parties involved
  • Signs of fighting at the crime scene

However, if the statements are conflicting and there are no independent witnesses (witnesses outside of the defendant and victim), it may be more challenging to prove the crime occurred.

Contact Aron Law Firm to Face Domestic Violence Charges Together

The domestic violence attorneys at Aron Law Firm have extensive practice negotiating with prosecutors and the district attorney’s office to help our clients receive more favorable terms when facing criminal charges for PC 273.5 and PC 243(e)(1) violations. When you partner with our firm, you can trust our experienced legal team will craft a compelling case. The sooner you contact Aron Law Firm, the sooner you can gain a deeper understanding of your charges and take action to defend yourself.

Facing domestic violence charges may severely impact your career and reputation. At Aron Law Firm, we act fast to help protect your legal rights and best interests. Contact us today at (805) 618-1768 or complete our contact form.

Are Minors Required to Take a Breathalyzer Test in California?

Posted by William Aron | Oct 13, 2022

In California, minors may refuse a breathalyzer test. However, this choice is not without consequences. Refusing a breathalyzer test often has serious legal consequences, including license suspension and DUI charges.

Minors make mistakes. They are at a point in their lives where they feel invincible. However, their youth does not exempt them from facing the consequences of their actions. Still, they should not have to face life-long consequences because of a mistake they made as a young adult. At Aron Law Firm, we believe that everyone deserves a second chance. Our experienced criminal defense attorneys are committed to helping our clients fight for the best possible outcome to their situation.

What Are the Consequences of a Minor Refusing a Breathalyzer Test?

If a minor refuses to take a breathalyzer test, they face serious legal consequences under California Vehicle Code (CVC) §23136. Also known as California’s Zero Tolerance Law, VC 23136 prohibits minors from operating a vehicle with any detectable alcohol in their system, whether they have a high enough BAC to be considered “under the influence” or not.

A violation of VC 23136 could lead to the Department of Motor Vehicles suspending the minor’s driver’s license for a year. They may also suspend the minor’s license for two years after refusing to take a breathalyzer test if the following apply:

  • The minor previously refused another breathalyzer test
  • Minor has been convicted for a previous DUI or another type of violation

Along with breathalyzer tests, underage drivers who refuse to take chemical tests face a 1-to-3-year license suspension. The length of the suspension depends on the number of prior convictions the minor has under California Vehicle Code 23136. A first offense may result in a 1-year license suspension, a second offense within ten years may result in a 2-year license suspension, and a third (or subsequent offenses) within ten years may result in a 3-year license suspension.

California’s “Zero Tolerance” Law for Minors

For an adult to be found guilty of a DUI in California, their blood alcohol level (BAC) must be at least 0.08%. However, this is not the case for drivers under 21. California’s zero-tolerance policy for drivers under 21 states that if they have any alcohol in their system, even if it is below 0.08%, they will face DUI charges. California has various thresholds for underage drunk drivers, with penalties worsening depending on their BAC. Those thresholds are:

BAC of 0.01% or Greater

Having any amount of alcohol in your system as a minor, even as low as 0.01%, means you may face losing your license for one year. While this charge does not count as a criminal DUI charge, the conviction will still be on your record if found guilty.

BAC of 0.05% or Greater

Having a BAC of 0.05% as a minor means facing criminal charges that will be on your record, losing your license for a year, paying a fine of $100, and being required to attend a three-month DUI course.

BAC of 0.08% or Greater

The consequences faced with a BAC of 0.08% or greater as a minor are the same criminal charges faced by adults. These consequences include thousands of dollars in fines, court fees, up to six months in jail or juvenile custody, a three to nine-month DUI course, suspension of your driver’s license, and years of probation.

Is Your Teen Facing DUI Penalties? Contact Aron Law Firm Today

At Aron Law Firm, we understand that addressing legal issues may be stressful, especially when it is your own child. We are proud of our client-centered approach that allows us to understand each client’s unique circumstances and needs. No matter how complicated your legal concerns may seem, our goal is to make the process as smooth as possible while obtaining optimal outcomes.

As a parent, the last thing you want is for one decision to determine the course of your child’s future. Our DUI defense attorneys can help you protect your teen’s best interests. Contact our firm today at (805) 618-1768 or complete our contact form to schedule a consultation.

Types of California Juvenile Drug Offenses & Consequences

Posted by William Aron | Oct 7, 2022

Alcohol and drugs are two of the most common reasons minors are arrested. In terms of drug-related offenses, the most common charges minors face are possession of drugs, drug trafficking and driving under the influence. The drug type and quantity may significantly impact the severity of the charges, and in extreme cases, a minor may be tried as an adult.

A teen facing drug charges is a scary time for the parents and the teen. At Aron Law Firm, we understand that this is a tense time in our clients’ lives and are proud to offer the support they need to seek a favorable outcome. No one wants a minor’s life to be determined by a choice they made in their youth. At Aron Law Firm, we can help your teen get the second chance they deserve.

The 3 Common California Juvenile Drug Offenses

As mentioned above, the most common drug-related offenses teens are arrested for are drug possession, drug trafficking, and driving under the influence.

Juvenile Drug Possession

California has legalized marijuana use for individuals over the age of twenty-one, so it and other drugs are still illegal for minors to possess at any time. This includes the following drugs:

  • Methamphetamine
  • Heroin
  • Cocaine
  • Ecstasy
  • LSD
  • PCP

Any minor caught in possession of a controlled substance may be charged with delinquency and face delinquency proceedings in the juvenile court system.

Juvenile Drug Trafficking

It is difficult to comprehend teens committing any crimes, but the truth is that teens are vulnerable to being recruited by adults to disrupt drugs for them. Teens are lured in with the promises of a lot of money and that even if they get caught, it will not be a big deal because they are young. However, a teenager’s youth does not excuse them from accountability or criminal charges.

A teen caught committing drug trafficking acts such as transporting, selling, administering, or giving a controlled substance to another person may be arrested and face serious consequences. A minor may face drug trafficking charges for simply offering or agreeing to a drug trafficking act.

Drug trafficking charges are not limited to street drugs (heroin, cocaine, LSD, etc.); they also encompass prescription drugs (Xanax, Vicodin, etc.) when they are not sold or administered through a valid prescription.

Juvenile Driving Under the Influence

While many teens understand that driving under the influence is illegal, they are often surprised to find out they may be held criminally accountable for their actions. Most often, teens are arrested for driving under the influence of marijuana and prescription drugs. A teen may be arrested for driving under the influence of a prescription drug, even with a valid prescription.

Consequences for Juveniles Arrested for Drug Crimes

California Health and Safety Code 11350(a) prohibits the possession of any controlled substance if you do not have a valid prescription. Regardless of the offender’s age, they could face severe penalties for violating this code.

However, California’s juvenile court system does a variety of different options when dealing with juvenile offenders. The juvenile court system primarily focuses on rehabilitation rather than punishing them. Juveniles’ consequences are meant to help them, not imprison them. Common penalties faced for juveniles who commit drug-related offenses include:

  • Drug counseling or other forms of counseling (family, behavioral, or mental counseling)
  • Fines or restitution
  • Community service or classes
  • Driver’s license suspension (even if the crime did not involve a vehicle, a judge might still suspend or cancel a minor’s license until they are 18)
  • Juvenile probation
  • Juvenile detention
  • Juvenile diversion options

When a teen is arrested for a drug-related offense, the officer may release them to the custody of their parents or guardian, or they may detain the teen and send them to juvenile hall. If the teen is taken to juvenile hall, unlike adult offenders, they do not have the option of posting bail to secure their release. However, an effective and experienced juvenile defense attorney may be able to convince the court to release the teen from custody and instead remain at home while the case unfolds.

Contact an Experienced Juvenile Criminal Defense Attorney

At Aron Law Firm, we take a client-centered approach to each case, devoting our time and energy to understanding our client’s unique needs. We recognize that it takes a deep level of care to protect the future of a child under the age of eighteen, especially when they are facing a criminal charge for violating California Health and Safety Code 11350(a). While the courts do their best, the California juvenile court system may be detrimental to a developing teen, which is why our team is determined to do everything we can to keep them out of it.

When your teen needs defending from a criminal charge, you must partner with an attorney with the necessary skills, resources, and knowledge to construct an effective defense strategy. Call our experienced juvenile criminal defense attorney today by completing our contact form to request more information, or call (805) 618-1768 to schedule a consultation.

13 Medications That May Cause a False Positive on Drug Tests

Posted by William Aron | Sep 15, 2022

Drug tests are used to identify the presence of certain substances and medications in the body. Unfortunately, drug test results are not 100% accurate, and false positives may occur. “False positives” are when drug tests flag a medication or substance you do not actually take. Sometimes, these are caused by lab errors, but certain medications have also been known to trigger fictitious positive results.

When drug tests incorrectly mark people positive for drugs they have not taken, they could face severe, unwarranted consequences. If you or someone you care about is facing penalties for erroneous drug test results, an Aron Law Firm Santa Barbara criminal defense lawyer may defend your case by providing irrefutable evidence that a medication you were taking has skewed your drug test results.

Could Your Medication Be the Reason You Failed a Drug Test?

Often, false positives on drug tests are the result of taking medications prescribed by medical doctors. You could fail a drug test for taking medications such as:

  • Antihistamines, such as Benadryl: Diphenhydramine, the active ingredient in these medications, helps treat itching, allergies, and cold symptoms; but it may also trigger a positive result for opioids, opiates, or PCP on a drug test.
  • Bupropion, such as Wellbutrin: Antidepressants that use bupropion as their active ingredient could produce a false positive result for amphetamine or methamphetamine.
  • Certain Decongestants, such as Sudafed: Many decongestants use pseudoephedrine to relieve sinus and nasal congestion, but on a drug test, it could appear as amphetamine or methamphetamine.
  • NSAIDs, such as Motrin, Advil, Aleve, and Naprosyn: Ibuprofen and naproxen are classified as nonsteroidal anti-inflammatory medications (NSAIDs). Often used to help treat inflammation, fever, and pain, taking an OTC NSAID before a urine test could bring up a false positive for barbiturates or THC.
  • OTC Cough Suppressants, such as Robitussin and Delsym: The main ingredient in many cough syrups is dextromethorphan, which could show positive for PCP in a urine test.
  • Oxaprozin, also known as Daypro: Used to treat arthritis pain, oxaprozin may result in a positive result for benzodiazepines.
  • Phentermine, also known as Adipex-P: FDA-approved to lower appetite, taking phentermine may flag for amphetamines in a urine test.
  • PPIs, such as pantoprazole (Protonix): Proton pump inhibitors (PPIs) may alleviate heartburn symptoms and gastroesophageal reflux disease (GERD), but, on a drug test, they may elicit a false positive result for THC.
  • Promethazine: Intended to relieve nausea and vomiting, phenothiazines may produce a false positive result for amphetamine or methamphetamine in a drug test.
  • Quetiapine, such as Seroquel: An atypical antipsychotic used to treat mental health conditions like schizophrenia and bipolar disorder. Taking quetiapine could trigger a positive result for the opioid methadone in a drug test.
  • Quinolone Antibiotics, such as Levofloxacin (Levaquin) and Ofloxacin: Used to treat bacterial infections, they may cause a false positive for opiates, amphetamine, or methamphetamine in a urine test.
  • SNRIs, such as Effexor XR or Pristiq: Serotonin-norepinephrine reuptake inhibitors (SNRIs), such as venlafaxine and desvenlafaxine, are antidepressants that could cause a false positive for PCP.
  • SSRIs, such as Zoloft: Using selective serotonin reuptake inhibitors (SSRIs) may result in a positive result for benzodiazepines or LSD in a urine drug test.

When you are on probation, failing a drug test could lead to severe penalties as it is a violation under California Penal Code 1203.3. If an over-the-counter, prescribed medication, or something else triggered a false positive on your drug test, a criminal defense attorney can create a solid defense strategy for your case.

Defend a False Positive on a Drug Test With a California Criminal Defense Attorney

At Aron Law Firm, we have successfully minimized the penalties associated with false positive drug test results for numerous clients. Whether your medication or another factor played into your false positive result, you need a criminal defense lawyer on your side. Please note that our services are for individuals whose false positives pertain to criminal charges or parole violations. We are not an employment law firm and cannot help you pursue disputes with employers in the result of a failed company-mandated drug test.

Partner with a California attorney who knows what it takes to defend inaccurate drug test results. Contact Aron Law Firm 24 hours a day, seven days a week, by calling (805) 618-1768 or completing our contact form.

What Is California’s Law on Benzodiazepines?

Posted by William Aron | Sep 10, 2022

It is illegal to possess, use, or be under the influence of a benzodiazepine, such as Xanax, in California if you do not have a valid prescription. Under the Controlled Substances Act (CSA), benzodiazepines, also known as “benzos,” are federally classified in the United States as Schedule IV drugs, meaning they are under strict regulation.

If you or someone you care about has been arrested for illegally selling, using, or possessing benzodiazepines in California, your lifestyle and freedom are on the line. At Aron Law Firm, we have extensive experience protecting people accused of various drug crimes in California. Our client-centered approach means your Santa Barbara criminal lawyer will give your drug crime case the personalized attention it deserves.

What You Should Know About Benzodiazepine Drugs in California

Benzodiazepines are the most frequently abused type of prescription medication in the United States. These drugs raise the inhibitory neurotransmitter, GABA, levels in the brain in order to calm or sedate a person. These drugs are minor tranquilizers and are often prescribed to treat ailments such as:

  • Anxiety
  • Insomnia
  • Muscle spasms
  • Seizures
  • Withdrawal from drugs or alcohol

There are 15 different kinds of benzodiazepine drugs approved by the U.S. Food and Drug Administration. The following prescription drugs are some of the most commonly abused benzodiazepines in California:

  • Alprazolam (Xanax)
  • Clonazepam (Klonopin)
  • Diazepam (Valium)
  • Lorazepam (Ativan)

Some others you might have heard of include Serax, Centrax, and Halcion.

California Laws Regarding Benzodiazepines, Such as Ativan, Klonopin, Valium, and Xanax

In California, being under the influence of any type of benzodiazepine drug without a valid prescription is a violation of HS 11550. This State statute governs the use of narcotic drugs and other controlled substances. An offense under HS 11550 is a misdemeanor crime in California, and if convicted, you could be sentenced to serious penalties, such as:

  • Imprisonment for up to a year in the county jail
  • Completion of a licensed drug rehabilitation program
  • Hefty fines
  • Probation for up to five years
  • Community service

Unlawful possession of a benzodiazepine drug in California violates HS 11375 and is classified as a wobbler crime. Wobbler crimes can either be charged as misdemeanors or felonies, depending on the circumstances surrounding the specific case. Either charge has the capability of putting a person in prison for up to a year or even more.

Defendants can raise a legal defense if they have been accused of a crime involving a benzodiazepine under HSC 11550 or 11375. If the defense is successful, the defendant may have their charge reduced or dismissed altogether.

If you have been accused of a crime involving benzodiazepines in California, your criminal defense attorney could argue that you:

  • Were not under the influence
  • Possessed a valid prescription for the drug
  • Did not, by legal definition, “possess” the drug
  • Had no intent to sell the drug

It is highly recommended to avoid bringing up any of these defenses outside of meeting with a lawyer.

Fight a Criminal Charge for Benzodiazepines With an Experienced California Defense Attorney

The use, sale, or possession of benzodiazepines without a valid prescription is a criminal offense in California that could come with severe penalties. Whether you have been arrested for benzodiazepines or another controlled substance, an Aron Law Firm criminal defense attorney will have what it takes to defend your rights.

Our goal is to ultimately see your charges dismissed entirely, but if that is not possible, we will fight to have your charges reduced as much as possible. For thoughtful, intelligent representation in California, call our office at (805) 618-1768 or complete our contact form for more information about how we can work to protect you during this stressful time. Our phone lines are open 24 hours a day, seven days a week.

What to Do After a California Probation Violation

Posted by William Aron | Sep 5, 2022

Your criminal defense attorney’s goal will always be to get you acquitted or have your charge dismissed, but these goals are not always viable. In cases where the evidence against you is overpowering, a conviction may be inescapable. However, this does not mean all hope is lost. Your lawyer may still be able to negotiate a plea that includes a term of probation.

Although probation may keep you out of jail, violating or neglecting to meet the terms of your California probation may come with severe consequences. If you or someone you know has violated the terms of their California probation, now is the time to seek legal counsel. At Aron Law Firm, we protect the rights of Californians accused of violating their probation by offering the thoughtful, intelligent representation they need to defend their cases effectively.

Consequences You Could Face for Violating California PC 1203.3

Probation is a form of court-ordered supervision in California, used as an alternative, or in addition, to time spent in jail or prison. Typically, terms of probation are one year for misdemeanor crimes and two years for felony offenses. However, in DUI cases, three years is typical for misdemeanors and five years for felonies. During this time, individuals are required to satisfy specific terms and conditions.

Even first-time probation violations in California may result in serious penalties as it is an offense under California PC 1203.3. The consequences you could face for violating California PC 1203.3 will depend on various factors, including the severity of your violation. As punishment, the judge could order you to:

  • Complete substance abuse treatment
  • Go through counseling for issues such as anger management
  • Fulfill community service hours
  • Stricter probation conditions
  • A lengthier probation term
  • Serve the remainder of your sentence behind bars

Many times, the court will consider how much time was left in your probation term at the time of your California PC 1203.3 violation. Offenses that occur toward the beginning of a probation sentence are usually penalized differently than those that occur closer to the end.

Defend a California Probation Violation With an Experienced Criminal Defense Attorney

People in California often break their probation terms and conditions by failing to:

  • Finish a mandatory class
  • Complete an ordered activity or program in time
  • Attend all meetings with a probation officer
  • Driving with a suspended license
  • Violating a traffic law
  • Getting arrested for another crime

The judge will determine your sentence after your probation revocation hearing. In these types of hearings, you will not be put before a jury. The burden of proof is also lesser in hearings than in trials. Therefore, rather than needing to prove your guilt beyond a reasonable doubt, the prosecutor only has to show that it is more likely that you are guilty than innocent.

During your probation revocation hearing, you have the right to defend your case with the guidance of a Santa Barbara criminal defense attorney. Your lawyer may provide the court with evidence of your innocence or even call upon witnesses to defend your rights.

Were You Accused of Violating the Terms of Your California Probation?

If you have been accused of violating the terms of your California probation, retain competent legal counsel right away. The sooner you partner with Aron Law Firm, the sooner your probation violation attorney may begin building a robust strategy to defend your case.

When your freedom and lifestyle are on the line, choosing the right attorney is crucial. You deserve legal representation from a top-rated California attorney you can trust to put you first. Call our office today at (805) 618-1768 or submit a completed, confidential contact form to learn more about how Aron Law Firm may fight for you.

Is It Illegal to Wrongfully Accuse Someone of Domestic Violence in California?

Posted by William Aron | Aug 15, 2022

In the United States, domestic violence hotlines receive over 19,000 calls nationwide on a typical day. Actual domestic violence cases are not a foreign topic in California. However, many instances of false accusations may result in a misdemeanor charge for the Californian accuser. People use domestic violence accusations to leverage a benefit in custody battles, revenge plots, misunderstandings, or other intents.

Being wrongfully accused of a crime, particularly in domestic violence cases, causes varying damages for the individual, such as penalties and challenges in their daily life. At Aron Law Firm, if you are wrongfully accused of a crime, our legal team works to prevent a wrongful conviction and acts fast to limit the adverse effects of false accusations on your life.

Is Lying About Domestic Violence a Crime in California?

Creating a false police report in California has consequences upon discovering an accuser’s lie. If an accuser makes a false statement by knowingly accusing someone of a crime, it may lead to their own guilty verdict and a misdemeanor on their record. Making false claims against someone may also result in a lawsuit for slander, and lying under oath in a courtroom may lead the accuser to be penalized for committing perjury.

Under California law statute 148.5:

“…Every person who reports to any peace officer listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, the Attorney General, or a deputy attorney general, or a district attorney, or a deputy district attorney that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor…”

Being a victim of false accusations is not uncommon. Unfortunately, many people face trouble with the law from bad relationships, custody battles, and other situations that provoke people to retaliate against another person. Domestic violence accusations are taken seriously, but if you are wrongfully accused, a skilled California criminal defense attorney can partner with you in your journey to be proven innocent.

How Will My Lawyer Defend Me if I Am Falsely Accused of Domestic Violence?

The penalties for domestic violence often vary between misdemeanor and felony charges depending on the circumstances. Domestic violence accusations are not taken lightly, and law enforcement takes action to dissipate any violent situations when they arise. Cases of untrue claims against an individual may result in a wrongful conviction.

Defenses you may have in a false accusation case include:

  • The accuser uses false claims to leverage an advantage or favorable outcome on their side of a divorce, separation, or child custody case.
  • The accuser is motivated by revenge to make false claims and intentionally harm or retaliate against you.
  • You were not the perpetrator of violence and may have been the victim.
  • You did not commit any violent physical or verbal acts towards another person.

If you face legal trouble because of false accusations, a skilled attorney will help you gather evidence and refute the wrongful testimony used against you. Depending on the circumstances surrounding the incident, there may be different reasons a false accusation is made. After an arrest, practicing your right to remain silent and speak with an attorney immediately is essential. The sooner we get a hold of your case, the faster we will review the details and take action. At Aron Law Firm, our legal team works diligently to refute any false statements, witnesses, evidence, and other pertinent details in a case.

Call Aron Law Firm for a Skilled Criminal Defense Lawyer to Represent You in a Domestic Violence Case

If you are wrongfully accused of committing domestic violence, speak with an experienced attorney as soon as possible to initiate a plan of action for a better outcome. Attempting to handle these cases alone, especially as the accused in a criminal case, may leave you with few options against the prosecution.

At Aron Law Firm, we understand every case is individual, and we listen to your experience to evaluate the next best course of action for a better future. Our criminal defense attorney may present the skilled defense strategies and legal resources resulting in reduced or lessened charges. To put your best foot forward and take action to secure your innocence, complete a contact form or call our office at (805) 618-1768.

Can You Go to Prison for White Collar Crimes in California?

Posted by William Aron | Aug 10, 2022

When crimes are motivated by financial gain, they typically fall under white-collar crimes in California and are punishable by fines, jail time, or prison sentences. Depending on the amount of money involved and the circumstances surrounding the criminal act, white-collar crimes may result in lengthy prison time upon conviction.

If a crime is escalated to a felony due to large amounts of money, it may be challenging to refute the prosecution’s claims. Our white-collar crimes defense attorney at Aron Law Firm seeks to help clients by protecting their rights and asserting a skilled strategy in their defense. With our professional legal team managing your case and advocating for a better future in your life, you may feel more at ease in a courtroom.

Understanding the Different White Collar Crimes in California

The punishments one may receive upon conviction generally vary based on the type of crime and the amount of money involved in white-collar offenses. Additionally, these crimes are not considered violent but are not always exempt from playing a role in injuring others. Due to the nature of many of these offenses, such as cyber crimes for example, they may be tried as federal offenses due to the number of players involved and where the crime is traced.

Types of white-collar crimes in California include:

  • Embezzlement
  • Forgery
  • Cybercrime
  • Wire fraud
  • Bribery
  • Healthcare fraud
  • Extortion

Many clients find clarity and confidence throughout a trial with a seasoned criminal attorney in Santa Barbara, CA. The complexity and gravity of white-collar offenses leave many to face a slew of penalties associated with misdemeanor or felony charges. Despite the accusations you may be up against, your knowledgeable attorney may ensure your rights are protected by challenging any false claims the prosecution presents. Your legal representation may give you an upper hand with a skillful evaluation of evidence and retrieving pertinent details for your case.

Aggravated White Collar Enhancement

California law addresses the penalties for misdemeanor or felony ranked charges under white-collar crimes. Cases involving large amounts of money, direct impact on external individuals, and repeated offenses likely leave many with a prison sentence. California’s freeze and seize law may apply in some instances, such as felonious acts. Under this law, penalties are influenced by California’s aggravated white collar enhancement.

According to California penal code 186.11, individuals may face sentencing enhancement under these circumstances:

“…Any person who commits two or more related felonies…and the pattern of related felony conduct involves the taking of, or results in the loss by another person or entity of, more than one hundred thousand dollars ($100,000), shall be punished, upon conviction of two or more felonies in a single criminal proceeding…by an additional term of imprisonment in the state prison…”

When crimes are subject to enhancement, the individual may face additional years in a prison sentence. The effects of spending time in prison may transcend different aspects of someone’s life. Losing a job, losing relationships, and having privileges revoked by the state may result from a conviction. An understanding and solid legal team may help you resolve any crimes and achieve an outcome that helps your future opportunities.

How a California Criminal Defense Attorney Helps You

If you are faced with a white-collar criminal charge in California, you may be up against a misdemeanor or felony conviction. For the majority, these criminal categories differ in the amount of time spent behind bars and the adverse effects of being added to a criminal record.

There are many reasons to hire a California white-collar crime lawyer, as these cases are best handled with professional legal resources. Fraud and embezzlement cases are examples of the crimes our experienced lawyer handles. Throughout the discovery process, our legal team diligently works to collect pertinent information for your defense and to discredit the prosecution’s refutable claims.

The complexity of these crimes is not intimidating to a skilled lawyer who regularly helps clients while keeping their future in mind. When charges are brought against an individual, the prosecution will attempt to prove you committed your acts with criminal intent and beyond a reasonable doubt. Your attorney works to protect your rights and show that the prosecution fails to prove intent. Additionally, your lawyer may help you by negotiating a plea deal, restitution, or lesser sentence to help your future.

Call Aron Law Firm for a White Collar Criminal Lawyer in California to Represent You

Misdemeanors and felonies may result in jail time or a lengthy prison sentence for anyone convicted. Due to the complexity and uniqueness of white-collar crime cases, hiring a skilled attorney with ample experience in California’s courtrooms gives you an advantage in any case.

Cases of fraud, embezzlement, forgery, and extortion often evolve because of criminal acts calling for convictions under these charges. With your experienced attorney at Aron Law Firm handling your defense, you may feel more at ease and headed in the right direction for your future. Complete a contact form or call us at (805) 618-1768 to partner with a reputable attorney.

Field Sobriety Tests: What You Need to Know

Posted by William Aron | Aug 5, 2022

In California, over 900 alcohol-impaired driving fatalities occurred in 2019. With many accidents attributed to drunk driving every year, law enforcement is taking action against impaired driving by taking measures to enforce the penalties on violators. Field sobriety tests are standardized resources police officers may use to evaluate their suspicions of a driver’s sobriety. In any case, not complying with a breathalyzer test or refusing a breath test after an arrest in California may lead to penalties.

However, understanding your rights and how a lawyer may help you in the case of a failed breath test or the days following a DUI arrest may help you avoid the full extent of penalties and achieve a better outcome for your future. Our client-centered approach at Aron Law Firm aids in the successful outcomes of our cases. An eager California DUI attorney in Santa Barbara, CA may evaluate your case and help protect your rights with a strong defense.

What Are Field Sobriety Tests?

Field sobriety tests are tools police officers use during a traffic stop to test the sobriety of a driver suspected of driving under the influence. In a DUI case, a police officer’s notes on their subjective analysis of a driver’s coordination, cognition, and general ability of sobriety tests may be admissible as evidence in a courtroom. Although, these tests do not produce numerical data and are not definitive in a DUI case.

Types of field sobriety tests include:

  • Walk and Turn Test
  • Horizontal Gaze Nystagmus Test
  • One Leg Stand

In addition to standard testing, a breathalyzer is also used to measure a driver’s blood alcohol level (BAC) at the time. Any BAC level above the legal limit of 0.08% for of-age drinkers and over 0.01% for drivers not of age may warrant a legal arrest. However, it is not illegal to refuse preliminary testing. Understanding your rights and how these tests affect you during a DUI case may help you feel more at ease throughout the legal process.

Everything You Need to Know About Field Sobriety Tests in California

If you were pulled over for drunk driving and arrested for failing field sobriety tests, you might have questions and concerns about what follows. Here are some important questions and facts to note about field sobriety testing in California DUI cases.

What Are My Rights During a DUI Traffic Stop?

Anytime you are pulled over by a police officer, it is important to remember your rights. Generally, giving your name, identifying information, and remaining calm during a traffic stop may benefit you. You have the right to remain silent and refrain from answering questions that may incriminate you and result in an unnecessary arrest. Requesting to speak with your attorney and seeking legal advice may help avoid mistakes after an arrest.

Is It Illegal to Refuse Field Sobriety Tests in California?

In California, there are no laws against refusing field sobriety testing. Additionally, refusing a preliminary alcohol screening is not illegal either. However, after an arrest, you are legally subject to sobriety testing with a breath test under the implied consent law:

“A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153…”

In some cases, refusing sobriety testing or a breathalyzer is against the law. This exception only applies to drivers under 21 or already on probation. Any other drivers have the right to refuse initial testing but must comply if they are arrested and taken to a station.

How Do Field Sobriety Tests and Breathalyzer Results Affect a DUI Case?

When a police officer’s notes and breathalyzer results are available, the prosecution will hone in on admissible evidence. However, a dedicated Santa Barbara criminal attorney at our firm has the knowledge and experience to refute the evidence and challenge the efficacy of these tests. Many times, sobriety tests are important indicators for the prosecution when a driver fails the tests, but not if it does not benefit a guilty verdict.

Can I Challenge Field Sobriety Tests in a California Courtroom?

In California, you may challenge field sobriety tests and a breathalyzer or blood test with an attorney on your case. If you unknowingly agreed to field sobriety tests or an officer misguided you into completing the tests, your attorney can represent you and defend you in a courtroom.

A Knowledgeable Attorney at Aron Law Firm May Challenge Field Sobriety Tests in a DUI Case

Although field sobriety testing and breathalyzer may be intimidating when the prosecution presents evidence, you are not alone in your defense. Entrusting our knowledgeable attorney at Aron Law Firm, regardless of the number of offenses you are up against, may help you achieve a better outcome that positively impacts your future.

With your personal and professional life in mind, our skilled attorney works to develop an irrefutable defense against the prosecution’s case against you. Do not try to navigate a DUI case or challenge a breathalyzer result on your own during your court case. Our reputable legal team is available to evaluate your case and steer you in an honest direction. To start protecting your rights and putting your best foot forward, complete a contact form or call us at (805) 618-1768 to schedule a consultation.

An Explanation of California’s Three Tier Sex Offender System

Posted by William Aron | Jul 22, 2022

Registering as a sex offender in California may permanently impact your life. Authorities must notify the public of your addresses and crimes you have been convicted of, limiting your life in terms of employment and accessibility to specific spaces. However, until 2021, California had been one of only four states, alongside Alabama, South Carolina, and Florida, to require lifetime registration of sex offenders.

Governor Jerry Brown signed California State Senate Bill 384 on October 6, 2017, implementing a three-tiered sex offender registration system in California. This tier system differentiates sex offenses by the severity of the crime by legally classifying them into three categories. The law went into effect in California on January 1, 2021.

Are you a registered sex offender? Do you meet the minimum requirements to petition the superior court in your county of residence to remove your name from the sex offender registry? Partner with Aron Law Firm for legal counseling and representation by some of our seasoned attorneys in criminal law.

Senate Bill 384

Senate Bill 384 modifies existing California sex offender laws by establishing a three-tier sex offender system. This ranks a sex offender and their crimes based on the following factors:

  • The extent of the crime
  • The number of victims offended
  • Likelihood of the defendant repeating the offense in future
  • If the sex offender poses a danger to society if released without supervision

The courts will then deliberate on the following factors to determine which tier to classify a defendant:

  • The age and number of victims
  • The relationship of the victim or victims to the defendant
  • If the defendant has previous convictions of sexually motivated offenses

Guidelines for each tier further classify the specific crimes falling under them and the issued penalty.

California’s Three Tier Sex Offender System

The tier system predominantly sets a precedent for how the courts will penalize the defendant. All tiers have a minimum duration for names to appear on the sex offender registry. A sex offender’s information must remain on the Megan’s Law website. Tier placement is as per the criteria outlined in Penal Code 290. Below is detailed coverage of all tiers and their specified duration of the official sex offender registry.

Tier 1

Tier 1 requires registration as a sex offender for ten years for adults and five years for minors. Tier 1 encompasses all misdemeanors and some non-violent felony sex offenses. These crimes include, but aren’t limited to:

As of July 1, 2021, sex offenders who have served the minimum ten-year requirement for tier 1 sex crimes may petition for their removal from the sex offender registry.

Tier 2

Tier 2 sex offenders are charged with crimes more severe than tier 1 sex offenders. The offender is required to register as a sex offender for 20 years for adults and ten years for minors.

Some crimes classified as tier 2 offenses include:

  • Incest Penal Code 285
  • Oral copulation Penal Code 288a
  • Ssodomy Penal Code 289.6, or acts of penetration with an inanimate object Penal Code 289 (b) when the victim couldn’t consent because they are mentally or physically disabled
  • Non-forceful sodomy or oral copulation with a minor under 14 years
  • Forceful oral copulation by threatening the victim or someone else
  • Obscene acts with a minor under 14 years old
  • Contacting a minor with the intention of sexually assaulting them
  • A second conviction for annoying a child for sexual purposes Penal Code 647.6

As of July 1, 2021, those who have already served the minimum 20-year requirement for any of the above-listed offenses may petition for removal from the sex offender registry.

Tier 3

This is the highest conviction for sexual crimes. Because of their crimes’ severity and the likelihood of repeating the said crime, they remain on the sex offender registry for life.

Some tier 3 offenses include:

  • Possession of child pornography (Penal Code 311.1.1)
  • Murder or kidnapping during or while attempting to assault a victim sexually
  • Sodomy or oral copulation when the victim incapacitated due to intoxication or simply unconscious
  • Pimping and pandering of a minor (Penal Code 266h)
  • Lascivious conduct with a child
  • Many instances of rape (Penal Code 261)
  • Habitual sex offenders Penal Code 667.71
  • Sex offenders deemed highly unsafe to the community upon being subjected to State Authorized Risk Assessment Tools for Sex Offenders
  • Coercing someone to commit a sex crime
  • An offender sentenced to life in prison or 15 to 25 years to life for violating Penal Code 667.61

If charged with any of the above-listed crimes, you’re ineligible to petition the court for removal from the sex offender registry.

Enlist the Help of Aron Law Firm

If you or someone close to you has been accused or convicted of a sex crime in California, contact the experienced criminal defense lawyers in Santa Barbara, CA at Aron Law Firm. You stand a better chance of protecting your rights by seeking legal representation.

Our experienced lawyers understand these rights and strive to make the best case for you. Contact us today by filling out an online form or through our direct line at (805) 618-1768.

3 Scams That Could Land You Behind Bars

Posted by William Aron | Jul 16, 2022

Some scams are so elaborate and damaging that they are made into feature films. “The Tinder Swindler“, a 2022 film produced by Netflix is a great example of this. In that case, an international conman convinced women that they were the love of his life in order to swindle them out of their own money. He then used that money to spend on elaborate parties, clothing, and other material possessions for himself. However, a scam doesn’t have to be this complex in order to dupe people. In 2021, some 2.8 million Americans filed claims of fraud against various companies and institutions. These claims ranged from small-scale and mundane frauds to much larger heists.

Unfortunately, it’s fairly common for people to try to pull scams on other people for monetary gain. Thus, you should learn about some of the most common types of scams that are thrust onto an unsuspecting public. Learning what kind of activity could land you in legal trouble is a great way to keep yourself out of that predicament entirely.

Tech Support Scams

It is extremely frustrating to deal with pieces of technology that you are not familiar with or that you may be somewhat uncomfortable using. Unfortunately, this is also just a part of life. When this happens, you should do your best to avoid getting tricked into a tech support scam.

The Attorneys General Office in Texas explains how this type of scam may work:

“Out of nowhere, you receive a call or a screen pops up on your computer – maybe from a reputable company like Microsoft or an anti-virus company. They tell you that you have a virus or an error, and they can fix it before you lose all of your data. But first, you have to call the number on your screen allow them access to your computer, and/or pay them a sum of money. Sometimes they will use a ‘scan’ of your computer to try to convince you there is something wrong. Don’t believe them!”

Seemingly every year the scams get more creative. They will do everything in their power to make sure you are convinced of their ability to help you. In reality, they are just looking to get personal information from you that they may be able to use to defraud you. If you get caught up in this or have attempted to do this to someone else, you may face legal consequences that you would surely rather not have to deal with. You need to think ahead of time about the potential consequences of your actions so you don’t end up having to face them in court.

IRS Scams

It is illegal to impersonate a government agency or official, and yet, this is one of the most common types of scams out there. People may become at least somewhat easily convinced that they are dealing directly with the IRS when someone calls them pretending to be from the agency. Unfortunately, this kind of thing may be very convincing and upsetting for people who are not fully versed in what the IRS can and cannot do. Some people fall for the scam simply because they are very scared about what the IRS may be able to do to them on an individual level, and they may not realize that the threats being made over the phone are not legitimate in any way.

Scammers will often act as if they are going to send law enforcement to arrest the person on the other end of the phone if they don’t pay up. This is simply a form of intimidation and bullying, and it should not be believed. Those who experience something like this should immediately hang up and block the number.

Fake Debts

Some people will receive letters about debts that they supposedly owe, but they know nothing about these debts. If that is the case, then you should avoid making any payment on that debt at all. What is likely happening is that you are being scammed into paying something that you don’t even owe.

Once again, this is another type of scam that some people may get caught up in as a result of their employment. Many shady companies that are pulling scams like this are not upfront with their employees about the type of work that they will be doing, and it is quite common to convince employees to make calls that are clearly illegal. Doing so may put you in hot water from a legal perspective, and you need to do everything in your power to avoid putting yourself in such an uncomfortable spot. Instead, you should leave any kind of job that makes you feel uncomfortable about the kind of work that you are doing right away.

Contact Aron Law Today if  You are Fearful About Your Legal Standing

If you or someone close to you has been the victim of a scam or is worried they may have been employed as a part of a scam, contact the experienced criminal defense lawyers at Aron Law Firm. You stand a better chance of protecting your rights by seeking legal representation.

Our knowledgeable lawyers understand your rights and will fight to make the best case for you. Contact us today by filling out an online form or through our direct line at (805) 618-1768.

How to Petition for Your Removal on California’s Sex Offender Registry

Posted by William Aron | Jul 11, 2022

California has one of the strictest sex offender laws in the U.S. The state also maintains a massive public sex offender database called Megan’s Law, where anyone may look up offenders. While you may want to remove yourself from the database, you may be worried that doing so will mean forfeiting other legal rights.

You may face lifelong restrictions because of your criminal record if the law convicts you of certain crimes, such as child molestation or rape. For example, employers might refuse to hire you, landlords might evict you, and government institutions might restrict access to benefits and services. In addition to these restrictions, law enforcement may require you to report your address every time you move. This requirement means that even if you never commit another crime, you may be unable to live freely without fear that someone will discover your history. You may wonder whether or not you should file a petition to remove your name from California’s public sex offender database. If so, then read on to find out how to get started.

What is California’s Sex Offender Registry?

Sex crimes are illegal in many states. In California, these crimes include rape, forcible sodomy, child molestation, lewd acts with children, and sexual offenses against minors or adults. You may face severe punishments such as lengthy prison sentences, lifetime registration as a sex offender, and hefty fines if convicted.

The Department of Justice established California’s Sex Offender Registry System (SORS) in 1947. It allows local law enforcement agencies to access information regarding individuals who have committed certain sex crimes statewide. The registry contains public and non-public details, such as contact information and aliases.

California’s sex offender registries prevent sex offenders from reoffending. The state maintains two databases, one for local jurisdictions and another for the State Department of Corrections and Rehabilitation (CDCR). The CDCR’s database contains information about those who have served their terms.

Removal from the Sex Offenders’ Registry in California

Laws regarding sex offender registries vary widely from state to state. Some states require lifetime registration, while others only require a minimum amount of time. Most states also give judges wide latitude in deciding whether someone should remain registered after their sentence has ended.

You Must Prove That You do Not Pose a Threat to Public Safety

If the law convicts you of certain sex offenses, the state may require you to register as a sex offender. To avoid being placed on the sex-offender registry, you must prove to the court that you do not threaten the community.

Your Conviction Must be Final

In some cases, some convictions are still pending, while others are not yet in the final stage. If your case is still pending, you should contact your attorney to find out how to remove your name from the registry.

You Must Prove That Your Offense Was Nonviolent

To qualify for getting off of the sex-offender list, you need to prove that the crime was not violent. A violent act includes rape, murder, arson, kidnapping, or sexual abuse.

Convictions Must Not be Related To a Sex Crime Involving Children

For example, if you have a conviction of child molestation, you should not try to get your name removed because you are a tier 3 offender. That would mean you would be violating the law again and putting yourself in danger of returning to prison.

The Mandatory Three Tier Sex Offenders Registry

Senate Bill SB 384 came up with three tiers to replace the sole lifelong registration of sexual offenders on California’s Sex Offenders Registry. Here is an expliation of each tier:

  • Tier I: Requires a person convicted of a qualifying offense to register at the time of conviction and for ten years after that. When they move out of their restricted zones, they have to reregister.
  • Tier II:  Requires registrants to maintain their registration for twenty years after release from prison.
  • Tier III: Is lifetime registration for serious sex offenses like rape, sexual acts with children younger than ten years, felony incest, and forcible sodomy.

Individuals may choose not to report their residence or employment. However, they face additional criminal penalties if they do not comply with Sexual Offenders Registration Act’s requirements. In addition, they could lose some civil liberties if they fail to comply with their registration requirements.

Petitioning for Removal from California’s Sex Offender Registry

Once you become aware of the potential repercussions of your conviction, you will most likely want to take steps to remove your name from the list. One obvious option would be to seek legal counsel.

Seek Legal Counsel

Depending on the details of the offense, it might be possible to convince a judge or jury that you do not belong on the list anymore. However, focusing on changing how you live your life is also essential. It’s also possible to use an attorney to help you petition the state to remove your name from their database.

Get a Certificate of Relief from Sexual Offender Registration

For some types of sex offenses, it is possible to apply for a Certificate of Relief from Sexual Offender Registration. A court order is required to prove that you do not risk reoffending. The court order should include the following:

  • Evidence of good conduct since your release
  • A description of the conditions that led to your conviction
  • Evidence that you have completed a rehabilitation program for the specific crime
  • A finding that you pose no risk of re-offense

To qualify for relief, you must show that you have demonstrated no likelihood of reoffending and that registering as a sex offender would constitute an unreasonable burden.

Contact an Experienced Lawyer Before You Petition

If you think you’re eligible for removal from California’s sex offender database, speak to an experienced lawyer before making any decisions. They will help you determine whether or not you should petition for removal from the sex-offender database. If your case is under appeal, you could try contacting your attorney to see the available options.

The law isn’t something you have to know inside out. However, it exists to protect us all. You do more harm than good if you don’t hire an attorney. At Aron law firm, Our mission is to provide trusted legal advice, information, and advocacy for our clients. Contact us at (805) 618-1768 if you or your loved ones are on California’s Sex Offenders Registry.

Understanding California Date Rape Laws and Penalties

Posted by William Aron | Jul 6, 2022

Approximately half a million individuals aged 12 years and older fall victim to sex crimes each year in the United States. Date rape, also referred to as acquaintance rape, is not a legal term and, as such, is treated no different from rape. Date rape is charged and punished as stipulated in Penal Code section 261 under California’s Rape Law.

Due to the damaging repercussions sex crimes have on victims, California’s criminal justice system takes them as a serious offense. If you find yourself being charged with a sex crime in California, you may be at risk for severe consequences.

To get help with your defense, contact a California sex crimes lawyer as soon as possible.

Aron Law Firm is a California criminal defense law firm that provides excellent representation to clients who have been charged with a sex crime. Being accused of a sex crime and being convicted may negatively affect you and your life in the long term.

What Is Date Rape?

Date Rape is defined as the use of force, threat, or fraud to have non-consensual sexual intercourse with another person you are dating. Dating is usually the duration between the first date and the formation of a relationship.

For anyone to be convicted of rape, the prosecutor has to prove the incident occurred under any of the following circumstances according to Penal Code section 261:

  • Penal Code 261(a) (1) — the victim is mentally or physically disabled and therefore unable to give legal consent.
  • Penal Code 261(a)(1) — use of force, violence, or threat of bodily harm against the victim.
  • Penal Code 261 (a) (3) — if the victim is raped after being administered an intoxicant, anesthetic, or another drug that prevents them from resisting.
  • Penal Code 261(a) (4) — the victim is unconscious and thus unable to consent legally.
  • Penal Code 261(a) (5) — the perpetrator makes the victim believe that they are someone they know.
  • Penal Code 261(a) (6) — the defendant threatens to harm the victim.
  • Penal Code 261(a) (7) — if the defendant threatens the victim with arrest or deportation.

Enlisting the services of attorneys who understand and have actually dealt with these may significantly help you get a better outcome.

Understanding Your Rights

Just because you have been charged or arrested for date rape does not mean you have been convicted of that crime. Therefore, it is crucial to understand your constitutional rights and how you can take advantage of them to optimize the result of your case:

  • You have the right to remain silent. Anything you say upon arrest can and will be used against you in a court of law.
  • You have the right to legal representation. Ask to speak to a lawyer before being questioned or during questioning. Having a defense attorney who understands date rape laws can help you build a strong defense.
  • Have your attorney explain date rape laws and how they pertain to your situation. Also, understand what rights the constitution allows you in your case.
  • Help your attorney help you. It is essential to be completely honest with your attorney regarding your case. This will help them build a strong defense for you for better results in the trial.
  • You are innocent until proven guilty. This is fundamental, and you, therefore, need an attorney who understands the sensitivity of the case and has an open mind—they are not there to judge you but to defend you.

Although hiring a defense attorney is your first approach in the right direction, it is not guaranteed to win the case. There is a lot of work to be done. It does, however, guarantee you the best possible outcome of the case.

Possible Repercussions of a Date Rape Conviction

If you were convicted of date rape, you would be facing severe penalties with a long-term impact on your life. Rape is a punishable offense in California that could result in:

  • Custody in state prison for up to eight years, or felony probation.
  • Disqualification from private employment—jobs involving children and most companies in the public sector.
  • Travel restriction to international destinations.
  • Negative immigration consequences—lead to deportation or revoked the citizenship of the United States.
  • Inability to foster children or denied adoption petitions.
  • Denied admission to an institute of higher education and no access to financial aid.
  • Inability to participate in specific volunteer work.
  • Restricted access to certain dating websites or applications.
  • Revocation and denial of professional licenses.
  • Limited access to public facilities, such as community pools or parks.

If you have been charged or are being investigated for a date rape charge, reach out to a sex crimes lawyer. They may be able to build a strong defense that will get the charges against you reduced or dropped.

Contact a Defense Attorney at Aron Law Firm

As seen above, the effects of a date rape conviction are vast and may result in serving jail time or paying huge fines, and they may also affect other aspects of your profession and social life. Do not risk you or someone you know being falsely registered as sex offenders without acquiring legal representation that will focus on a client-centered approach to ensure optimum results in your favor. Aron Law Firm criminal defense attorneys have vast knowledge in this area. We’ll conduct an in-depth investigation into your specific situation and develop a bullet-proof defense strategy to defend the accused person.

Call (805) 618-1768 or submit a completed contact form to schedule a consultation to discuss your legal options with one of our seasoned attorneys today.

How a Sex Crime Conviction Can Affect You Long Term

Posted by William Aron | May 24, 2022

It has been reported that nearly half a million individuals are the victims of sex crimes each year in the United States. Sex crimes are taken seriously by California’s criminal justice system due to the damaging repercussions these crimes have on victims. If you have been accused of a sex crime in California, you may be at risk for severe repercussions. To get help with your defense, contact a California sex crimes lawyer as soon as possible.

Aron Law Firm is a California criminal defense law firm with experience helping clients who have been charged with a sex crime. If you have been charged with a sex crime, a conviction may negatively affect you and your life long term.

What Are Sex Crimes in California?

A sex crime is generally classified as a felony in California due to the inherently violent nature of these crimes. However, there are certain cases that may be deemed a misdemeanor depending on the details of the crime. Sex crimes you may be charged with in California include:

  • Rape or aggravated sexual assault
  • Statutory rape
  • Sexual battery
  • Lewd and lascivious offenses
  • Indecency with a child or molestation
  • Internet sex crimes
  • Possession of child pornography
  • Sexual assault of a child
  • Marital rape
  • Indecent exposure and assault
  • Sexual intercourse with an animal
  • Institutional sexual assault
  • Forcing a child into prostitution
  • Sexting
  • Incest
  • Sexual exploitation of a minor

Under California Penal Code 801.1 PC, specific details of the statute of limitations for these crimes are defined. If a prosecutor decides to file a claim after that statute of limitations has passed for the crime, a sex crimes lawyer may be able to help build your defense, stating that they no longer had the legal right to make a claim against you. When you work with a criminal defense lawyer who has experience with sex crime cases, they may be able to help you with several different defense options.

Ways a Sex Crime Conviction May Impact You Long Term

When you have been convicted of a sex crime, you may be facing severe penalties that may have a long-term impact on your life. Aside from facing legal repercussions like jail or prison time and costly fines, a sex crime conviction may affect you in the following ways:

  • Disqualification from private employment at a majority of major companies, jobs involving children, and in the public sector
  • Restriction of your ability to travel internationally
  • Deportation or inability to become a citizen of the United States
  • Inability to become a foster parent or denial of adoption petitions
  • Denial of admission to an institute of higher education and denial of access to financial aid
  • Inability to take part in certain volunteer work
  • Denial of access to certain dating websites or applications
  • Denial or revocation of professional licenses
  • Inability to use public facilities like community pools or parks

If you are at risk of a sex crime conviction, it is crucial that you contact a sex crimes lawyer. When you work with a sex crimes lawyer, they may be able to help you get the charges against you reduced or dropped by building a strong defense.

Contact a California Sex Crimes Lawyer

If you are facing charges for a sex crime in California, you may be feeling like the entire California legal system is against you. However, that is not the case. Contact a California sex crimes lawyer to get help building your defense.

Aron Law Firm is a trusted criminal defense law firm dedicated to helping clients in California who have been accused of a serious crime. We understand that this type of conviction can ruin a person’s life. You deserve a second chance and a fair trial to share your side of the story. To get started on your defense case, contact us here or call (805) 500-0483.

How to Restore Your Firearm Rights After a Marijuana Conviction

Posted by William Aron | May 15, 2022

If you have been convicted of a crime in California, this sentencing may affect your Second Amendment right to keep and bear arms. There are over half a million Americans arrested for marijuana-related crimes. If you have had your firearm rights suspended due to a marijuana conviction, a California drug crime lawyer may be able to help.

Aron Law Firm is a criminal defense law firm helping clients in California who have been convicted of marijuana-related crimes. After you have faced a marijuana conviction, you may be wondering how you may restore your firearm rights in California.

How Can California’s Prop 64 Help Restore Your Firearm Rights?

On November 9, 2016, California’s Prop 64 was implemented. Under this referendum, immediate changes took effect concerning laws surrounding the growing, possessing, and transporting of the drug marijuana. Depending on the specific crime you were convicted of, the referendum Prop 64 may be able to help you restore your firearm rights due to the fact that the crime you were convicted of may no longer be illegal in California.

Prop 64 and Marijuana Growth Crimes

Originally, the California legal system treated the growth or cultivation of marijuana as a felony offense as outlined by Health and Safety Code Section 11358. However, as a result of the passing of Prop 64, individuals who are 21 years of age or older may legally cultivate, harvest, dry, or process up to six marijuana plants as long as they are out of the public view.

However, there are exceptions that may prevent you from regaining your firearm rights if you have been charged with the felony offense of cultivating marijuana:

  • If you are cultivating more than six marijuana plants, you may be charged with a misdemeanor and be sentenced to up to six months in jail and a maximum fine of $500
  • You may still be convicted of a felony if you are cultivating marijuana and have been charged with a serious violent crime in the past
  • If you have been convicted of any sex crime that requires you to register as a sex offender, you may still be charged with a felony
  • If you have two prior misdemeanor charges for marijuana cultivation, you could still be charged with a felony
  • You are under the age of 21

If you have been convicted of a felony for the cultivation of marijuana, you may be eligible to restore your firearm rights under Prop 64 with the help of a knowledgeable attorney.

Where Can You Legally Smoke Marijuana?

Under Prop 64’s Business and Professions Code Section 26200, there are guidelines for local California businesses that may want to set up a designated area for the smoking, ingesting, or vaporizing of marijuana. The referendum states that the businesses in question must meet the following guidelines for patrons to be able to legally smoke marijuana at their facility:

  • They are permitted by local law as a licensed retailer or micro business
  • Only those who are 21 years or older may access the area where marijuana is being smoked
  • Marijuana usage is not visible to the public or areas of the business that permit those who are not 21 years of age
  • The sale or consumption of tobacco or alcohol is not permitted on the premises

In addition, the usage of marijuana in your private home is also a safe option.

Can You Get Your Prior Marijuana Convictions Expunged Under Prop 64?

Individuals who have completed their sentence for qualified marijuana crimes may now apply to have their conviction sealed as legally invalid by the court under Penal Code section 11361.8(f). This may only apply to appropriate cases in which you have not fallen under the category of any of the exceptions that may still classify your crime as a felony. If your prior offense has been legally reclassified under Prop 64, you can work with a criminal defense lawyer who may help you begin the process of having the offense expunged.

Get Your Firearm Rights Restored

If your crime has been redesignated as a misdemeanor or infraction, then you may be able to have your firearm rights restored under California law.

Get Help From a California Drug Crimes Lawyer

If you have prior marijuana offenses, you may be eligible to have your conviction expunged and your firearm rights restored. Depending on the details of your case, you may feel overwhelmed as you begin the process of applying to have your conviction sealed. To get help, contact a California drug crimes lawyer as soon as possible.

At Aron Law Firm, everything we do is dedicated to a single objective: to get our clients to a better place. Our criminal defense lawyers are passionate about helping clients restore their rights and achieve the second chance they deserve. To speak with one of our trusted attorneys, contact us here or call (805) 500-7745.

7 Defense Options for a California Embezzlement Charge

Posted by William Aron | May 1, 2022

Embezzlement is one of the most common and damaging crimes committed against businesses in the United States. Due to the serious nature of this white-collar crime, being accused of embezzlement in California may cost you your reputation and career, as well as put you at risk for severe legal repercussions. If you have been charged with embezzlement, it is crucial that you get the help of a California embezzlement lawyer.

Aron Law Firm is a criminal defense law firm with experience helping clients in California who are charged with embezzlement. If you are facing legal repercussions for embezzlement, there are several defense options that may help you get the charges against you reduced or dropped.

What Are the Penalties for an Embezzlement Charge in California?

In the state of California, if you are charged with Penal Code 503 embezzlement, your crime may fall under either Penal Code 484a petty theft or Penal Code 487 grand theft. If you are convicted, you may face the following penalties based on the specific details of your case:

  • If the value of the stolen property is less than $950, you may be charged with a misdemeanor with a maximum sentence of up to one year in jail and a fine of $1,000.
  • If the value of the property stolen is more than $950, you may be charged with a misdemeanor or a felony. You may be facing up to three years in prison and a maximum fine of $10,000 if charged with a felony.
  • If the value of the stolen property is more than $65,000, then you may be charged with a felony that includes an additional year to the three year prison sentence.

As the amount that you have been accused of stealing increases, the maximum penalties continue to increase as well. While you may be feeling helpless after being charged with embezzlement, a California embezzlement lawyer may be able to help your defense.

7 Defense Options if You Have Been Charged With Embezzlement

After being accused of embezzlement, it may feel like the entire California legal system is against you. While you may be feeling overwhelmed as you face serious legal repercussions, you do not have to go through the defense process on your own. When you work with a knowledgeable California embezzlement lawyer, they may be able to help you by building a strong defense that may result in having the charges against you reduced or dropped. Everyone deserves a second chance. That is why these seven defense options may help with your case:

  • You have been falsely accused of embezzlement.
  • You never had any intentions of using or taking the property in question.
  • The police have mistaken your identity for the true perpetrator of the crime.
  • You genuinely, but mistakenly, believed that you had the right to use or take the property in question.
  • You had no intention of depriving the owner of their property.
  • You had a good faith belief that the property truly did belong to you.
  • The owner of the property never asked for their property to be returned.

Building your own defense may be overwhelming, but when you work with a professional that has experience dealing with the California criminal justice system, you may be able to ensure you have a fair trial.

Get Help From a California Embezzlement Lawyer

Being charged with a crime as serious as embezzlement can leave you wondering what your next steps should be. While it may feel like you are on your own, that is not the case. To get help with your defense, contact a California embezzlement lawyer as soon as possible.

The legal team at Aron Law Firm is dedicated to providing clients accused of embezzlement with the thoughtful and intelligent representation they deserve. Our knowledgeable California attorneys will work to help get the charges against you reduced or dropped. To speak with one of our embezzlement lawyers, contact us here (805) 500-7745

What to Do If You’re Falsely Accused of Online Solicitation in California

Posted by William Aron | Apr 20, 2022

Social media apps have become popular places to seek new relationships, whether for friendship, romance, or sexual gratification. Although the internet might seem like a great place to pursue these new connections, it may also lead to false accusations.

Unfortunately, even made-up accusations have the potential to turn into severe penalties. If you have been incorrectly blamed for online solicitation in California, do not wait to reach out to a criminal defense attorney who will work tirelessly to protect your rights.

False Accusations of Online Solicitation of a Minor in California

New advancements in technology have provided law enforcement officials in California and throughout the United States with new ways to catch those who wish to solicit sexual encounters with people they think are underage.

Shows like “To Catch a Predator” lure predators into arranging encounters with supposed underage victims.However, these types of setups may leave people susceptible to false accusations, entrapment by law enforcement officers, and other circumstances in which a defendant may be falsely or unrightfully accused of committing such crimes.

It is easy for many people to assume that anyone accused of soliciting a minor online is guilty, butanyone could be falsely accused of committing a sex crime. The most important thing is to get ahead of the game and put an end to false accusations before they get the opportunity to grow into larger issues. Seek legal counsel from an experienced California sex crimes attorney as soon as possible.

What Penalties Could You Face for Violating California Penal Code 261.5?

Using the web to arrange a sexual encounter with a minor is prohibited under California Penal Code 261.5. However, sexual relations with a minor, whether intended or acted upon, are not just illegal in California but federally as well. United States Federal Law prohibits using the internet, mail, or other forms of interstate communication to solicit a minor.

Regardless of whether you actually engage in the intended sexual act, you could face serious state and federal charges even if the person who you believed was a minor is actually over 18. Soliciting anyone you think is underage can land you with severe, life-altering consequences.

In California, online solicitation of a minor child is punishable by imprisonment, substantial fines, and mandatory registration as a sex offender. This means that anyone—neighbors, friends, family members, landlords or future employers—may access your information and the charges against you with a simple online search.Because many people have preconceived notions about the people on sex offender lists, registration could damage your reputation, hinder your ability to secure employment, find housing or maintain personal relationships.

When charged federally, online solicitation of a minor may come with a minimum of ten years in federal prison up to a maximum of life in federal prison.

Protect Your Freedom with a Skilled California Sex Crimes Defense Lawyer

Solicitation of a minor, like all sex crimes, are violations that are not taken lightly in California. Do not risk being forced to register as a sex offender without acquiring legal representation from a trusted professional.

Suppose you or someone you care about has been falsely accused of soliciting a minor in the State of California. In that case, it is crucial that you contact an experienced criminal defense attorney as soon as possible so they may begin building a solid defense for your case.

An Aron Law Firm sex crimes attorney may conduct an in-depth investigation into your unique situation and create an intelligent strategy to defend your false accusation. Call (805) 500-7745 or submit a completed contact form to schedule a consultation to discuss your legal options today.

A Guide to White-Collar Crimes in California

Posted by William Aron | Apr 13, 2022

A term reportedly coined in 1939, “white-collar crime” is now synonymous with fraud committed by corporate and government professionals. White-collar crimes typically involve cover-ups or violations of trust and do not require the use of threat, physical force, or violence.These crimes are usually financially motivated, and offenders often hope to either obtain assets or avoid losing them.

Investigations for white-collar crimes in California may continue for many years before charges are even filed, often completely unbeknownst to the suspect. If you suspect that you are under investigation for a white-collar crime in California, it is crucial that you seek legal counsel from an experienced attorney as soon as possible.

A conviction for a white-collar crime can devastate your reputation, freedom, and finances. Whether the amount involved is fifty dollars or thousands of dollars, contact a white-collar crimes defense lawyer right away so they may begin building the most robust case possible for your defense. At Aron Law Firm, we develop thoughtful, intelligent defense strategies for people accused of white-collar crimes in California.

Types of White-Collar Crimes in California

White-collar criminals in California may steal enormous sums of money without ever actually physically touching any cash.Various criminal activities are considered white-collar, including:

  • Public corruption
  • Money laundering
  • Corporate fraud
  • Securities and commodities fraud
  • Mortgage fraud
  • Financial institution fraud
  • Bank fraud
  • Embezzlement
  • Bribery
  • Fraud against the government
  • Election law violations
  • Mass marketing fraud
  • Forgery
  • Health care fraud
  • Identity theft
  • Counterfeiting
  • Welfare or SNAP fraud
  • Tax fraud

All of the offenses mentioned above are capable of leading to federal charges. The Federal Bureau of Investigation (FBI) has teams of special agents who regularly work with other agencies to take down white-collar criminals. The FBI may work with:

  • California local law enforcement agencies
  • The Securities and Exchange Commission
  • The Internal Revenue Service
  • The U.S. Postal Inspection Service
  • The Commodity Futures Trading Commission
  • The Treasury Department’s Financial Crimes Enforcement Network

California Corporate Fraud Criminal Defense Attorney

Because corporate fraud has the potential to cause immense damage to the U.S. economy, it is one of the FBI’s highest criminal priorities.The Bureau typically focuses its efforts on cases that involve accounting schemes designed to deceive investors, auditors, and analysts about the actual financial condition of a corporation or business.

Accounting scheme cases often involve manipulating financial data, share price, or other measurements of corporate valuation, artificially inflating the company’s financial performance.Federal corporate fraud investigations mainly focus on:

  • Falsification of financial information
  • Fraudulent trades designed to inflate profits or mask losses
  • Self-dealing by corporate insiders
  • Insider trading
  • Kickbacks
  • Misuse of corporate property for personal gain
  • Late trading
  • Obstruction of justice designed to conceal criminal conduct

Penalties You Could Face for a White-Collar Crime Conviction in California

White-collar crimes (also known as criminal profiteering activities) are acts, attempts or threats made for financial gain or advantage. They are prohibited under the California Control of Profits of Organized Crime Act (California Penal Code Section 186).

Although “white-collar crime” denotes a non-violent act, local, state, and federal agencies are typically relentless in bringing suspects to justice. Depending on the circumstances surrounding the specific case, white-collar crimes can lead to misdemeanor or felony convictions.

White-collar misdemeanors are serious crimes punishable by time behind bars and hefty fines.Many employers will also fire or avoid hiring a person convicted of a white-collar crime because they see them as untrustworthy.

Felony white-collar crimes come with harsher penalties than misdemeanor offenses.Punishable by state prison time, substantial fines, and a loss of multiple civil rights, even after your sentence is complete.

Contact a California White-Collar Crimes Lawyer to Defend Your Case Today

There is a perception that white-collar criminals have a different prison experience than other convicted criminals. A common misconception is thatmost convicted white-collar felons are sent to minimum-security facilities. In reality, the jail or prison you are sent to is up to the correctional authorities. However, even in minimum-security facilities, there are still strict limitations and a loss of freedom.

Contrary to popular belief, people who end up behind bars for white-collar crimes do not fit into a specific mold. White-collar criminals range from everyday Californians to high-profile leaders of major corporations. If you or a family member is under investigation for or was arrested for a white-collar offense in California, it is imperative that you partner with an attorney experienced in white-collar criminal defense.

Whether you are facing federal or state criminal charges for a white-collar crime, Aron Law Firm may help defend your case. Call (805) 500-7745 or complete a contact form today for more information about your legal options.

Santa Barbara Money Laundering: What You Need to Know

Posted by William Aron | Apr 6, 2022

Criminal organizations in Santa Barbara that earn large amounts of cash illegally cannot deposit their funds into legitimate financial institutions unless the money appears to come from legitimate sources. To make their “dirty” money appear “clean,” they use various techniques to “launder” their earnings and make their profits seem legitimate.

How Does Money Laundering Work in Santa Barbara, California?

Money laundering in Santa Barbara typically involves three steps:

  • Step One is to insert the “dirty money” into a legitimate financial institution.
  • Step Two is concealing the cash’s source through multiple transactions and accounting tricks.
  • Step Three is to withdraw the now laundered (“clean”) money from the financial institution to use as they please.

In real life, laundering cash is not usually this simple. Criminals in Santa Barbara utilize various schemes to clean their cash. Sometimes this involves repeating the above steps, combining steps, or skipping them entirely.

Money Laundering Methods Used in Santa Barbara, California

One of the most common techniques used by California criminal organizations to launder money is through the use of a legitimate cash-based business used as a “front.” The criminal organization that owns the business artificially inflates the company’s sales and funnels the illegal earnings into the company’s bank account, making them appear legitimate.

Other money laundering methods used in Santa Barbara, California, include:

  • Breaking up cash into small deposits and dividing those deposits into many different accounts to avoid detection. This is also known as “smurfing” or “structuring.”
  • Investing in commodities that are easily moved, such as precious gems
  • Buying and selling high-value assets such as real estate, cars, or boats
  • Gambling and laundering money at casinos
  • Using “shell” companies that are inactive and essentially only exist on paper

Money launderers may also take advantage of online payment services, virtual gaming sites, or cryptocurrencies to clean their funds. Software is often used to anonymize their identity and location, making it more challenging for law enforcement to trace them.

Financial institutions are required to report cash deposits over $9,999 to the IRS.Many institutions will also red flag customers who have multiple accounts and make repeated deposits of less than $10,000 each.

Were You Arrested for Violating California Penal Code 186.10?

In Santa Barbara, a person commits the crime of money laundering when they take money acquired from criminal activity and funnel it through a lawful source to make the funds appear legitimate. Laundering money is prohibited in California under Penal Code 186.10, and a conviction could come with severe penalties.

Criminal defense attorneys may use several legal strategies to help clients fight a money laundering charge. Your lawyer could defend your case by showing that:

  • You did not act with a specific intent to participate in criminal activity
  • You only deposited a small amount of money
  • Law enforcement violated one or more of your constitutional rights

A violation of California Penal Code 186.10 can lead to a felony charge, punishable by up to four years in prison and a maximum fine of $500,000 or five times the value of the property transacted, whichever is greater.

Crimes That Are Often Related to Money Laundering in Santa Barbara

Money laundering often goes hand-in-hand with other serious crimes, such as:

  • Bribery
  • Corruption
  • Drug trafficking
  • Extortion
  • Fraud
  • Human trafficking
  • Illegal gambling
  • Prostitution
  • Robbery
  • Smuggling
  • Terrorism
  • Weapons trafficking

As the proceeds collected from the above activities are often legitimized by money laundering, California and federal authorities are incredibly determined to eliminate money laundering. The courts are typically tough on offenders of money laundering crimes, and convictions often come with harsh penalties.

Facing a Charge for Money Laundering? Contact a Santa Barbara Defense Attorney

Like any white-collar crime, money laundering is a serious charge that could put you behind bars, subject you to hefty fines, take away some of your civil rights, and ruin your reputation. Your best chance at avoiding these strict penalties is to partner with an experienced criminal defense attorney.

For many years, Aron Law Firm has crafted effective defense strategies for various criminal charges in Santa Barbara and throughout California. Call (805) 500-7745 or complete our online contact form to begin discussing your case with an Aron Law Firm money laundering attorney today. The sooner you contact our office, the sooner we can begin building a solid, intelligent strategy to defend your case.

When Can a Juvenile Be Tried in Adult Court?

Posted by William Aron | Mar 16, 2022

For over a decade, 14- to 17-year-olds could face adult charges in the state of California through Proposition 21 of “The Juvenile Justice Initiative.”  However, in February 2021, a unanimous decision by the California Supreme Court put an end to the harsh measures, which led to overcrowded prisons and developmental issues for juvenile offenders. The law allowed minors to face adult consequences for crimes and possibly transfer a 14- to 17-year-old into an adult criminal court. Many found that these laws were too harsh and led to significant social, developmental, and economic problems for the minors charged as adults.

The new change makes it so 14-year-olds and 15-year-olds cannot be charged as adults for most crimes. However, the severity of the crime can still determine whether a young minor is charged as an adult. Regardless of the crime, minors facing criminal charges can encounter severe consequences that affect the rest of their life. If your child is being charged with a crime, speak with a juvenile defense lawyer to determine the best possible options for your case.

When Can Juveniles Be Tried As Adults in California?

Generally, most minors are arrested for smaller crimes and don’t face the same punishments for their actions. Most California juvenile cases often adjudicate as delinquency matters in juvenile court, and minors encounter rehabilitation instead of punishments. California allows 16- to 17-year-olds to be tried as adults in California in the California Superior Court through the following procedures:

  • Filing a fitness hearing
  • Filing directly in an adult criminal court at the prosecutor’s discretion
  • Through certain predetermined aggravated offenses that allow for an automatic trial

Even while California’s law now prohibits children under 16 from being prosecuted as adults, some situations can lead to an adult trial. The following are some crimes that a minor can still encounter adult charges according to the California Welfare & Institutions Code Section 707(b):

  • Murder
  • Certain sex crimes
  • Kidnapping
  • Assault with a firearm or destructive device
  • Torture
  • Voluntary manslaughter

If your child is facing harsh legal consequences, contact a juvenile defense lawyer as soon as possible. Every case is unique and requires extensive amounts of evidence and documentation. With the help of an experienced lawyer, you’ll have someone on your side to guide you through the process.

What Is A Juvenile Court Fitness Hearing?

Fitness hearings are legal proceedings that decide whether juveniles who have committed a serious crime can amend themselves through rehabilitation. If they are deemed “unfit” for rehabilitation or educational consequences, they can be charged as adults. When filing a fitness petition, a prosecutor can request a fitness hearing. Once in the hearing, a juvenile court judge will determine whether the minor is fit for juvenile rehabilitation consequences by evaluating the following:

  • Prior delinquent history
  • Degree of criminal sophistication and intent
  • Expiration of the juvenile court’s jurisdiction for the minor
  • Success of previous rehabilitation attempts
  • Circumstances and severity of the alleged offenses

Suppose the California judge decides that the minor is unlikely to change from rehabilitation by the juvenile delinquency court. In that case, their case will be transferred to adult court, and the minor can face traditional prosecution and consequences.

Contact a Dependable California Juvenile Defense Lawyer at Aron Law Firm

Everyone makes mistakes, but sometimes they have harsher consequences than our children imagine. When your child faces severe punishment and the possibility of adult charges, their freedoms, future, and life are at risk. It’s essential that you speak with an experienced juvenile defense lawyer.

Our lawyers at Aron Law Firm have years of experience protecting our clients from severe legal penalties. We understand that every case is unique and will provide you with legal services tailored to your case and needs. With our resources and tools, you can count on our team for representation you can trust.

Call (805) 500-7745 or fill out our contact form to learn how our Santa Barbara criminal defense lawyers can help you.

Has the Pandemic Increased the Issue of Domestic Violence?

Posted by William Aron | Mar 9, 2022

Since the beginning of the pandemic, it has been reported that reports of domestic violence have increased between 25 and 33 percent worldwide. Domestic violence is defined as violence among current or former partners that is characterized by stalking, psychological, sexual, or physical violence. The issue of domestic violence has become even more prevalent in recent years as people were forced to be home more often than normal, leaving victims with no escape or reprieve from their abusive partners or spouses.

Aron Law Firm is a domestic violence law firm helping clients in California. The pandemic has caused an increase with the issue of domestic violence, so it is important for individuals to be able to recognize red flags they may face and the resources available to help them if need be.

Recognize the Signs of an Abusive Relationship

With domestic violence becoming more and more prevalent an issue, there are ways that individuals can protect themselves from falling victim when entering into a relationship. By knowing the signs of a potentially abusive relationship, you can be more aware of when it may be time to make your exit from a relationship before the situation escalates to a dangerous situation. Some common signs of an abusive relationship include:

  • They try to move too quickly into the relationship
  • The relationship “seems too good to be true”
  • Isolates you from friends or family
  • They do not honor your boundaries
  • They are excessively jealous or constantly accuses you of being unfaithful
  • Constantly puts you down or makes attacks on your character
  • Blames others for their behavior and actions
  • They have a history of abuse
  • They get scary when they are angry

If you feel that there may be signs of potential abuse in your relationship, it is always best to trust your instincts and leave. The longer that you stay in a potentially abusive relationship, the more difficult it will become to leave and it may become dangerous.

How a Domestic Violence Accusation Can Affect You

Just as cases of domestic violence have increased, the same can be said for domestic violence accusations. There are many different reasons that a person may falsely accuse their spouse of domestic violence. However, the effects that an accusation as serious as domestic violence may have on your life are significant. The ways that a domestic violence accusation can affect a person’s life are:

  • Difficulty finding a job
  • Changes to your living situation
  • Damages reputation
  • Damages relationships with friends and family

If you are facing a domestic violence accusation, it is crucial that you contact a domestic violence attorney who can help defend you and your rights.

Get Help from a California Domestic Violence Lawyer

Domestic violence is a serious issue that has become more prevalent since the start of the pandemic. If you have been accused of domestic violence, you may be facing serious legal repercussions. To get help defending your case, contact a California domestic violence lawyer as soon as possible.

Aron Law Firm is a team of experienced domestic violence lawyers helping protect their clients’ rights in California. We are dedicated to helping build a strong defense for our clients as they pursue the second chance they deserve. To schedule a consultation, contact us here or call (805) 500-7745.

How to Protect Your Children after Being Accused of Domestic Violence

Posted by William Aron | Mar 2, 2022

When a person is accused of domestic violence, their life can change forever. The person’s reputation, career, and social relationships are at risk, and they can also suffer legal punishments. A domestic violence charge can negatively affect your child’s ability to feel comfortable and rely on their parents. Not only will they possibly have to encounter challenging legal situations, but they also navigate what other people might be saying in their social circles.

The National Coalition Against Domestic Violence reports that almost every 20 minutes, there is a person affected by domestic violence in the United States. Our lawyers at Aron Law Firm have experience helping clients in California who face serious domestic violence accusations. If you have been accused of domestic violence, it is vital that you know how to protect your children from the difficult legal proceedings that will likely follow.

How You Can Support Your Children after a Domestic Violence Accusation

Children look to their parents for love, support, and a positive environment to learn and grow. Unfortunately, when one of their parents is accused of domestic violence, they may question the reliability and love of their parents. It can be difficult for children to thrive in an environment where they feel unsafe or attacked. Accusations of domestic violence can affect children in several ways, including:

  • Post-Traumatic Stress Disorder (PTSD)
  • Anxiety
  • Depression
  • Aggressive Behavior
  • Self-Harm or Suicidal Thoughts
  • Repetitive Abusive Patterns
  • Physical Challenges

If you are accused of domestic violence, your children may be experiencing emotional distress and other effects due to the severity of the situation. You can protect your child after a domestic violence accusation by doing the following:

  • Talk to your children about healthy relationship dynamics.
  • Prioritize their safety by potentially allowing them to say with other trusted guardians while going through the legal process.
  • Speak with your children about the accusation without placing blame on either party.
  • Reassure your children that they have no fault in the accusations.
  • Make sure they feel comfortable discussing their feelings about the accusation with you.

Depending on the severity of the charges you have been accused of, a domestic violence accusation may result in a change or revocation of your custodial rights over your children. If you feel you may be at risk of losing custody of your children due to a domestic violence accusation, contact a domestic violence attorney as soon as possible. The sooner they can evaluate your case, the more time they have to gather evidence and information about the circumstances.

How Can a Domestic Violence Accusation Affect Your Custody Rights

When considering custody rights, the main priority and concern is always the safety and well-being of the child. A judge will evaluate the financial and physical ability of the individual’s situation and allot equal custodial rights between parents. However, when domestic violence is a part of the decision, the judge may express concern for the child if they award custody rights to the accused parent. The following are a few ways domestic violence can affect your custodial rights:

  • You may be granted supervised visitation overseen by a trained supervisor, and you may be responsible for paying for the cost of these supervised visitations.
  • In extreme cases, a judge may terminate your parental rights.

A domestic violence attorney may be able to help you defend your case to avoid extreme measures being taken if you believe that you have been wrongfully accused of domestic violence.

Get Help from a California Domestic Violence Lawyer

If you have been accused of domestic violence, you may face damaging repercussions as a result. From damaging your relationship with your children and other family or friends to making it difficult for you to get a job, a domestic violence accusation can have life-altering effects. To get help with your defense, contact a domestic violence lawyer in California as soon as possible.

Aron Law Firm is a team of California domestic violence lawyers providing clients with dedicated representation. Our dependable attorneys have the experience to help you build a strong defense to pursue the second chance that you deserve. To schedule a consultation, contact us here or call (805) 500-7745.

Under What Conditions May Police Search My Home in California?

Posted by William Aron | Feb 16, 2022

Our homes are often the places where we feel the safest. While it is usually the case that what is inside your home is your private property, if you have been accused of a crime, there is a chance that your privacy may be breached if law enforcement chooses to search your home for evidence.

Aron Law Firm is a criminal defense law firm with experience helping clients who have had their homes searched illegally in California. If the police have searched your home to look for evidence of a crime you have been accused of, it is crucial that you understand what conditions make that search legal.

When Can the Police Search a Home in California?

In most cases, law enforcement must have a valid, judge-issued search warrant in order to search the home of a crime suspect in California. However, there are many exceptions to this rule that would allow police to legally enter and search your home. If any of the following are true, police may enter and search your home without a search warrant:

  • You or another person with authority over the property has given consent to the search of the home
  • There is imminent danger to life or a threat of severe damage to the property
  • The search of the home takes place in connection with a lawful arrest and is done to protect the safety of the arresting officers or to safeguard evidence about the arrest offense that someone may destroy otherwise

If you have had your home searched following an arrest for a crime, a criminal defense lawyer may be able to help you understand whether or not the police did so legally or if your rights were compromised.

What Are Your Rights Concerning the Search of Your Home?

If law enforcement wants to search your home after you have been arrested for a crime, it is crucial that you know your rights under California law. The Fourth Amendment to the U.S. Constitution and Article I, Section 13, of the California Constitution provide that all California citizens have the right to be free from unreasonable searches and seizures. If valid evidence is presented that proves that an unreasonable search and seizure took place, then any evidence obtained may not be used against the defendant in their criminal trial.

Some examples of when a home search by law enforcement may go against your rights include:

  • You may agree to let police look around without a warrant but when they begin to open cabinets in your home and ask them to stop, they proceed anyway.
  • The police enter your home on an anonymous tip that there is a person in imminent danger inside your home, but after failing to find the person in your home, they proceed to search through drawers, cabinets, and boxes unrelated to the crime in question.

A skilled criminal defense lawyer can help you understand your rights regarding search and seizure in your California home.

Get Help from a California Criminal Defense Lawyer

As a California citizen, you have the right to not be subjected to an unreasonable search and seizure in your home. If you have had your home illegally searched by law enforcement, then a criminal defense lawyer may be able to help you get justice.

The criminal defense lawyers at Aron Law Firm are dedicated to helping clients in California by defending their legal rights. Our attorneys are passionate about helping clients understand their rights while providing the knowledgeable legal services they deserve. To schedule a consultation, contact us here or call (805) 500-7745.

How Will a Criminal Charge Impact Your Professional License in California?

Posted by William Aron | Feb 9, 2022

When a person is convicted of a crime in California, there are serious penalties that they may face such as prison time or costly fines. To make matters worse, when a person is convicted of a crime, they may risk having their professional license suspended or revoked. Depending on the nature of the crime committed, you may lose your professional license permanently.

If you are at risk of losing your professional license, the criminal defense lawyers at Aron Law Firm may be able to help. It is important that you understand how a criminal charge may impact your professional license in California.

What Are Professional Licenses and Boards in California?

In the state of California, there are many different licenses for various businesses and professions that are regulated. Licensed professions in California include:

  • Accountants
  • Architects
  • Chiropractors
  • Commercial drivers
  • Contractors
  • Cosmetologists
  • Dentists
  • Doctors
  • Nurses
  • Pest Control
  • Pharmacists
  • Real estate agents
  • State employees
  • Teachers
  • Veterinarians

Depending on the severity of the crime you have been arrested for and the type of professional license you have, a single arrest can be the basis for disciplinary action that could lead to the suspension or revocation of your license.

How Can an Arrest Affect Your Professional License in California?

A person who has a business or profession that requires a professional license is often a person who is trusted to care for others in one way or another. That is why a criminal arrest or conviction is taken seriously in regards to whether they should be able to continue to hold that license. The disciplinary measures taken after a criminal arrest or conviction include:

  • License suspension
  • License revocation
  • Warning letter
  • Citation
  • Fines
  • Diversion program
  • Substance abuse treatment and education
  • Drug or alcohol testing
  • Practice restrictions or supervision
  • Probation

The way that an arrest can impact a professional license varies greatly depending on the type of crime that you were arrested for and the type of professional license you hold. If you feel that you may be at risk of losing your professional license or suffering from any other disciplinary action, it is crucial that you contact an experienced criminal defense lawyer as soon as possible.

Contact a California Criminal Defense Lawyer for Help

Facing a criminal conviction can be overwhelming for anyone, especially a person who is at risk of losing their professional license. While being charged with a criminal offense can bring about many negative impacts on a person’s life, to lose a profession as a result of a revoked license can be devastating. If you or a family member are at risk of having your professional license suspended or revoked, it is essential that you get in contact with a California criminal defense lawyer who can help with your case.

Aron Law Firm is a team of California criminal defense lawyers with extensive experience helping clients who may lose their professional licenses. We are passionate about providing our clients the dedicated representation they deserve. To schedule a consultation, contact us here or call (805) 500-7745.

Does a Confession to a Crime Guarantee Prison Time?

Posted by William Aron | Feb 2, 2022

Each year, there are 10 million arrests made in the United States. When a person is arrested for a crime, they are usually brought to the nearest police station for questioning. Unfortunately, the tactics used by law enforcement for questioning tend to be one-sided with the goal of getting the suspect to confess.

The criminal defense attorneys at Aron Law Firm have experience helping clients who believe they have been coerced into making a confession for a crime they were accused of committing. If you are facing time in prison as a result of confessing to a crime, it is important to know that a confession does not guarantee prison time in the state of California.

What Are Your Rights after Confessing to a Crime?

While many people assume that a confession automatically leads to an arrest for crime, that is not always the case. In an attempt to get information from a suspect that would lead to a confession, law enforcement will often intimidate, harass, and pressure people into confessing even if they did not intend to. With the help of an experienced criminal defense lawyer, you can make sure your rights are protected by understanding the following:

Corpus Delicti

Even if a judge rules that a confession may be introduced at trial, this principle prevents the prosecution from relying entirely on the confession for conviction. Instead, the state must present additional evidence linking the arrestee to the crime.

You Cannot Be Forced to Confess

It is the law that a defendant has the right to not be required to be a witness against themselves. In other words, they cannot be forced to confess to a crime they have been accused of. While the law states that a defendant cannot be forced, if they voluntarily confess there is a chance that it will be permissible in court.

If you are unsure of your rights after confessing to a crime, you should contact a knowledgeable criminal defense lawyer for help.

Can You Have a Confession Thrown Out?

In some cases, a confession may have been coerced out of an arrestee when law enforcement uses intimidation tactics. In order for a judge to decide whether or not a confession should be thrown out, it must be decided if the confession was voluntary or involuntary.

If law enforcement used tactics that would undermine the suspects free will, then the confession is considered involuntary. In order to establish if a confession was involuntary, ,there must be evidence of the following factors to determine if the arrestee’s free will was compromised:

  • Whether law enforcement read the defendant their Miranda Rights at the time of arrest
  • The location of the questioning
  • The length of the interrogation
  • Whether the arrestee requested an attorney, and whether law enforcement honored their right to an attorney
  • Whether the arrestee decided to remain silent and if that right was respected
  • Who initiated the conversation
  • The age, level of maturity, mental or physical health, and experience with the criminal justice system of the arrestee

It can be difficult to prove that a confession was involuntary, but with the help of a skilled criminal defense lawyer, it is not impossible.

Contact a Skilled Criminal Defense Lawyer

After you have been coerced into making a confession for a crime, it may feel like you are guaranteed prison time. However, that is not always the case. If you are facing prison for a crime in California, it is crucial that you speak with a criminal defense lawyer who can help protect your rights.

Aron Law Firm is a team of intelligent criminal defense lawyers with experience helping clients in California. We are passionate about helping our clients reduce the charges against them or get them dropped. To get help with your case, contact our skilled criminal defense lawyers by filling out our contact form or by calling (805) 500-7745.

How California Penalizes Illegal Possession of Fireworks

Posted by William Aron | Jan 18, 2022

It is not uncommon to see dazzling displays of fireworks around California on major holidays like the Fourth of July or New Year’s Eve. However, unless a person or event has a permit to possess and fire off those fireworks, what they are doing is illegal. While fireworks are beautiful and can make for a great show when in experienced hands, they can become dangerous. It has been reported that the injuries and deaths related to fireworks have increased by fifty percent in the last year. If you are found in possession of fireworks in the state of California, you will likely face prosecution and serious fines or even jail time.

Aron Law Firm is a team of criminal defense lawyers with experience helping clients who are facing charges for the possession of fireworks in California. If you have been accused of illegally being in possession of fireworks, it is important to know how California penalizes this crime.

Is the Illegal Possession of Fireworks a Misdemeanor or a Felony?

In most cases, a person who has been caught in possession of fireworks without a permit in California will be charged as a misdemeanor. A person can have 25 to 100 pounds of illegal fireworks and still only be charged with a misdemeanor. For a misdemeanor, a person may be facing up to one year in county jail and could be fined $1,000 to $5,000.

If you are caught with a large number of fireworks that you have been distributing and profiting off of, you may be facing a felony charge. If you are charged with a felony relating to the illegal possession of fireworks, you may be facing up to three years in prison and a fine as high as $50,000. Whether or not you have a permit to have fireworks, distributing them to a minor is always against the law.

What to Do If You Are Accused of the Illegal Possession of Fireworks?

If you are accused of illegally possessing fireworks in California, it is crucial that you contact an experienced criminal defense lawyer as soon as possible. To fight a misdemeanor or felony charge for this crime, a criminal defense attorney can help you take the following positions:

  • You were not the person who had position or control of the fireworks
  • The police were in violation of California’s search and seizure laws when the fireworks were discovered and seized
  • You have a permit or license to own or distribute the fireworks
  • You had reason to believe you were involved in a legal transaction, meaning both you and the buyer were licensed adults and legally authorized to be in possession of fireworks, but the buyer was actually a minor

California criminal defense lawyers can help you build a strong claim and ensure you have a fair trial.

Contact a California Criminal Defense Lawyer

Being charged with the illegal possession of fireworks can negatively impact a person’s life for years to come. A person who has been charged with a misdemeanor or a felony may have issues finding a job, renting an apartment, and their reputation with friends and family may be tarnished. If you have been accused of having illegal fireworks, contact a California criminal defense lawyer as soon as possible to get help with your case.

Aron Law Firm is a California criminal defense law firm with extensive experience helping clients who are facing prosecution relating to the illegal possession of fireworks. We are dedicated to providing our clients with the top-of-the-line representation they deserve. To schedule an appointment with one of our criminal defense lawyers, contact us here or call (805) 500-7745.

What is the Duty to Report a DUI for Medical Professionals?

Posted by William Aron | Jan 11, 2022

Whenever a driver gets behind the wheel of a vehicle, they have a duty to make a reasonable effort to remain alert and safe on the roads. When a person is under the influence of drugs or alcohol, they are unable to carry out that duty of care for themselves and other drivers. Driving under the influence is not only dangerous, but it is also illegal. Despite the danger and legal issue surrounding driving while intoxicated, the CDC has reported that there are still over a million drivers arrested for DUIs in the United States each year.

The experienced criminal defense lawyers of Aron Law Firm have seen how a DUI charge can negatively impact a person’s life. For medical professionals, being arrested for a DUI can mean the end of their careers. While this type of charge can have serious repercussions, medical professionals do have a duty to report a DUI.

What is the Duty to Report DUIs for Doctors or Physician Assistants?

All doctors, surgeons, or physician assistants in California have a duty to report criminal convictions including DUIs. Under California Business and Professions Code 802.1, it is stated that doctors, surgeons, osteopathic physicians and surgeons, doctors of podiatric medicine, and physician assistants any of the following to the entity that issued their license to practice:

  • The bringing of an indictment or information charging a felony against the licensee
  • The conviction of the licensee, including any verdict of guilty, or plea of guilty or no contest, of any felony or misdemeanor

They have a duty to report this information within 30 days of the conviction or indictment. If they fail to report their arrest or conviction, they will face a fine of up to $5,000. Even if the licensee was charged with a misdemeanor for a first-time offense DUI, they still must report this within 30 days. Another important note is that because medical professionals must report indictments under this law, that means that even if the doctor was never convicted they must still report the DUI arrest.

Do Nurses Have to Report a DUI in California?

Nurses are also required to report any DUI conviction. They must report these convictions to the California Board of Registered Nursing. Whenever a nurse’s license is renewed, they must report any convictions since the last time the license was renewed, even if the convictions took place in another state or country.

Contact a California DUI Lawyer for Help

If you are a medical professional who has recently been arrested for a DUI, your career may be on the line if you do not seek the help of an experienced DUI lawyer. Do not risk losing your job, license, or practice. Contact a California DUI lawyer as soon as possible to help with your case.

Aron Law Firm is a top-rated California law firm with experience helping clients who have been charged with a DUI. We are passionate about helping our clients pursue the second chance they deserve by providing them with dedicated representation and trusted legal services. To schedule a case review, contact us here or call (805) 500-7745.

What Crimes Are Counted as Strikes under California’s Three Strikes Law?

Posted by William Aron | Jan 4, 2022

When a person commits a serious crime like robbery or arson, the consequences that will follow if they are convicted can affect them for the rest of their life. If you have been accused of committing a serious or violent crime and you have already been charged two times prior, you may be at risk of falling under California’s three strikes law.

Aron Law Firm is a team of experienced criminal defense lawyers helping clients in California who are at risk of being in violation of California’s three strikes law. If you have been accused of a serious crime, it is important that you are aware of what crimes are counted as strikes under California’s three strikes law.

What is California’s Three Strikes Law?

In the state of California, if an offender is found guilty of three separate violent or serious crimes, the three strikes law prevents the accused from receiving anything less than a sentence of 25 years in prison. Also known as the “three strikes, you are out” law, this law is codified under the Penal Code PC 667.

If an offender has been convicted of two violent crimes but is convicted of any nonviolent crime, they will not automatically face 25 years to life in prison. However, under the three strikes law, they will face double the normal prison term for the crime they have committed.

If a person faces the three strikes law, they will be ineligible to apply for parole unless they can be eligible for parole under Proposition 57. Proposition 57 allows nonviolent felons the chance at parole for good behavior and other proof of reform during their time in prison. If this is the case, they must first serve the complete normal maximum prison sentence for their crime before applying for the chance of parole under Proposition 57.

What Crimes Fall Under California’s Three Strikes Law?

Any California citizen who has been convicted of three serious or violent crimes will be subject to the three strikes law. The felons who face this type of conviction will be subject to a minimum sentence of 25 years to life in state prison. Some crimes that are counted as strikes under California’s three strikes law include:

  • Murder
  • Attempted murder
  • Rape
  • Robbery
  • Arson
  • Kidnapping
  • Extortion

If you have been accused of committing a crime that will be your third strike, you may be able to fight the three strikes law by getting the help of an experienced criminal defense lawyer.

How Can You Fight the Three Strikes Law?

For felons who are at risk of being convicted of their third strike in California, there are ways that an experienced criminal defense lawyer may be able to help you fight it.

  • Get a Prior Strike Erased: A defense attorney can ask a judge to dismiss, or erase a prior strike through a Romero motion. The judge may accept or decline this request based on factors including the defendant’s criminal history and how long ago they committed the strike in question.
  • Claim Prior Crimes Were Not Strikes: If the defendant’s past convictions were not serious or violent crimes, a criminal defense attorney may argue that they should not be counted as strikes.
  • Prove Innocence of Third Crime: If the accused is proven to be not guilty of a crime that would have been their third strike, then they will not face the repercussions of that law.

If you have been accused of committing a crime that could be your third strike, contact a criminal defense lawyer to help you fight it as soon as possible.

Get Help from a California Criminal Defense Lawyer

If you have been accused of a crime that puts you at risk of the three strikes law, you could be facing a minimum of 25 years to life in state prison. To get help fighting this law, it is crucial that you reach out to a California criminal defense lawyer as soon as possible.

Aron Law Firm is a California criminal defense law firm with extensive experience helping clients who are at risk of the three strikes law. We are proud to provide clients with the dedicated representation they deserve. To schedule a consultation, contact us here or call (805) 500-7745.

How Does Social Media Affect Your Domestic Violence Case

Posted by William Aron | Dec 21, 2021

It has been reported that there are nearly 300 million social media users in the United States as of this year. It is no secret that social media has become an integral part of society. It has become a way for individuals to stay connected to one another, learn new things, and express themselves. While there are many pros to what social media can offer a person, there are glaring negatives that can have lasting effects on a person’s life. Domestic violence is a serious crime with severe consequences if convicted. When social media use and a domestic violence accusation mix, there can be a highly negative outcome.

Aron Law Firm is a team of skilled criminal defense lawyers with experience helping clients who have been accused of domestic violence. If you have been accused of domestic violence, you should follow some crucial tips concerning what you should do about your social media.

How Can Your Domestic Violence Case Be Affected by Social Media?

In many ways, using social media has become a form of therapy that can often lead to oversharing details of a person’s life through posts that can never truly be deleted. While it may seem harmless to post about your social life or opinions online, when you are in the midst of a domestic violence accusation, these posts may come back to haunt you. Some of the ways social media can be used against you in a domestic violence case include:

  • Proving Your Location: A lot of social media platforms allow people to tag their location. This can be used to prove you were in the same location at the time of the alleged crime.
  • Aligning Witness Statements: If a witness claims to have seen or heard something that was posted to a story or a live stream, it may be shown as evidence to prove their claims.
  • Discovering New Victims: Sometimes, a particular message, post, or interaction online may be used as evidence of additional victims involved in the case.
  • New Evidence: If you continue to use social media throughout the duration of the case, any new posts may be used as new evidence if they are relevant to the claims being made against you.

While social media may be a normal part of everyday life, it is best to avoid posting on social media during a domestic violence case. By staying off of social media completely, you will be unable to add any crucifying evidence that could harm your case.

Get Help from a Domestic Violence Lawyer

Being charged with domestic violence can affect a person for the rest of their life. This type of charge can make it difficult for a person to get a job, rent a home, and can damage their reputation with friends and family. If you have been wrongfully accused of domestic violence, it is crucial that you get in contact with a skilled domestic violence lawyer as soon as possible.

Aron Law Firm is a criminal defense law firm with extensive experience helping clients who have been accused of domestic violence in California. We understand that the California legal system can be overwhelming. That is why our knowledgeable attorneys are proud to provide the dedicated representation that our clients deserve. To schedule with us, fill out our online contact form or call (805) 500-7745.

Can I Still Get Charged with DUI for Sleeping in My Car?

Posted by William Aron | Dec 14, 2021

Each year, about 1.5 million Americans are arrested for driving under the influence. While the definition of a DUI mentions the word “driving,” you may be surprised to learn that you can still be charged with a DUI if you are not actively driving a vehicle.

Aron Law Firm is a team of criminal defense lawyers with extensive experience helping clients who have been charged with DUIs in California. While sleeping in your car after consuming alcohol may seem like a better option, it is crucial to know if you can still get charged with a DUI for sleeping in your car.

What Is a Non-Driving DUI?

Even though the term “driving under the influence” seems to imply that an offender of this crime must be driving to be charged, that is not always the case. There are cases where an offender may not be actively driving their vehicle but still be charged with a DUI. One of those cases includes a person who has been found sleeping in their car while they are intoxicated.

While you can still be charged with a non-driving DUI while sleeping in your car, the officer who is arresting you must be able to prove that you recently drove the vehicle while intoxicated. Here are a few indicators that may prove that you recently drove your car while under the influence.

Location of Keys

If your keys are still in the ignition, in your hand, or anywhere else that would indicate they were recently used to start the vehicle, this may be proof that you have recently driven the vehicle despite being under the influence.

Parts of the Vehicle Are Warm

After a vehicle has been running, certain parts will still be warm after the vehicle has been stopped. The areas a police officer may check to prove the vehicle was recently driven include:

  • Engine
  • Hood of the vehicle
  • Tires

Know that some of these parts will get warm when the vehicle is on even if you have not driven. While it may be tempting to run your car for a bit to use the air conditioning, reconsider if you are intoxicated.

Where You Are Sleeping

It matters where you are found sleeping when you are suspected of driving under the influence. If you are asleep in the driver’s seat, a police officer can assume you were driving before finding a place to park and sleep off the alcohol in your system. The officer can also assume that you had the intent to drive if you are found in the driver’s seat of a vehicle.

How to Avoid a Non-driving DUI

If you choose to take a nap before driving after a night of drinking, there are ways to protect yourself from being charged with a non-driving DUI:

  • Sleep in the backseat
  • Keep the engine off
  • Park legally
  • Store the keys away from your body

It is always a good idea to have a designated driver or utilize a rideshare app if you plan on being under the influence to make sure you will avoid a DUI.

Contact a California DUI Lawyer

If you have been charged with a non-driving DUI in California, you may be facing severe penalties such as fines or even jail time. It is crucial that you contact a skilled DUI lawyer as soon as possible to get help with your case.

Aron Law Firm is a team of experienced criminal defense lawyers helping clients who have been charged with non-driving DUIs in California. We understand that the California legal system can be overwhelming. That is why we provide clients with the dedicated service they deserve. To schedule to speak with us, contact us here or call (805) 500-7745.

What to Know About Violating a Court Order in California

Posted by William Aron | Dec 7, 2021

If you have been given a court order in California, it is crucial that you follow that order to avoid any additional penalties or fines. You may face jail time and criminal charges if you violate a court order. If you have violated a California court order, you should contact a criminal defense lawyer as soon as possible.

Aron Law Firm is a California criminal defense firm with experience helping clients who have violated a court order. You should know some crucial details about violating a court order in California.

Is it a Crime to Violate a Court Order in California?

Under California law, it is a crime if a person intentionally and purposefully violates a court order. Violating a court order is also known as contempt of court and can be charged in many different situations. According to California Penal Code Section 166 PC, violating a court order can be classified under a broad definition and can therefore be applied to an extensive range of behaviors.

If you are believed to be in contempt of court for violating a court order, the state will have to prove your guilt beyond a reasonable doubt. To do this, they must provide evidence of each of the following elements of the crime:

  • A California court issued a lawful written court order instructing you to take specific action or stop partaking in a specific behavior.
  • You were aware of this court order and what it instructed you to do.
  • You had the ability to follow this court order.
  • You willfully and knowingly violated the terms of this court order.

If the state cannot prove each of the following elements of the crime, you may not be charged with violating your court order. It can be difficult for the prosecution to prove that a person knew of the court order and what it said in some cases. In some California cities, you have the legal right to be given the opportunity to read and review a court order that requires you to act in a particular manner.

What Are Examples of Contempt of Court in California?

Court orders can come in many different forms in California. Some examples of situations where you may be considered to be in contempt of court include:

  • Violating a court-ordered restraining order or stay-away order in a case of domestic violence
  • Refusing to testify as a witness to a crime
  • Interrupting court proceedings
  • Showing up to court late
  • Refusing to answer a question in court
  • Refusing to supply evidence to the court

If you are unsure if you are considered to be in contempt of court, it is crucial that you contact a skilled California criminal defense lawyer as soon as possible.

Get Help from a California Criminal Defense Lawyer

If you violated a California court order, it is crucial you get help from a criminal defense lawyer to help defend your case. Sometimes, if you were not made aware of a court order or what it instructed you to do, you may not be guilty of that crime.

Aron Law Firm is a top-rated criminal defense law firm with experience helping clients who have violated a court order in California. We are proud to provide our clients with the dedicated and trusted representation they deserve. To schedule a discussion with us, contact us here or call (805) 500-7745.

When Can Juveniles be Tried in Adult Courts in California?

Posted by William Aron | Nov 24, 2021

In the vast majority of criminal situations involving a minor, the case will be heard in California’s juvenile court. These crimes are adjudicated as delinquency matters in juvenile courts, which exist to rehabilitate rather than punish minor offenders. However, some exceptions may lead to a juvenile aged 16 and up being transferred to the adult criminal court. This generally occurs in two scenarios: when children commit severe and violent crimes or if they have an extensive history of committing felonies and seem incapable of being rehabilitated by the juvenile justice system.

If your child has been arrested for a criminal offense and you’re worried they may be tried as an adult in California, it’s crucial that you get in touch with an experienced juvenile defense lawyer who can help. At the Aron Law Firm, our attorneys have years of experience successfully representing our juvenile clients facing the consequences of a criminal conviction. Contact us today to learn more about your options.

When Can Teens be Tried as Adults in California?

The following factors must be true for a teen to be tried as an adult in California:

  • They were 16 or 17 years old at the time the crime was committed
  • They’re charged with one or more felony offenses
  • The prosecutor asks the court to transfer the case to an adult court

There used to be an exception to the above rule in which a child aged 14 or 15 could be tried as an adult if the following crimes were committed:

However, in 2019, a California appellate court ruled that juveniles under 16 couldn’t be tried as adults or face life sentences. However, 16- and 17-year old’s may still be tried as adults for any crime listed in California Welfare and Institutions Code section 707(b).

Why Are Some Youth Tried as Adults?

Most 16- and 17-year-olds who come into court facing felony charges will remain in juvenile court unless the District Attorney makes an exceptional motion asking the court to transfer a qualifying case into adult court. But why are exceptions made? In most cases, this happens for one of two reasons. One, the child committed a serious or violent crime such as rape, robbery, assault with a firearm, or murder. Two, the child has an extensive history of committing felonies and seems incapable of being rehabilitated by the juvenile justice system.

Fortunately, a knowledgeable juvenile lawyer may be able to help you avoid adult court. For example, an attorney may be able to find expert testimony, which is often a critical factor in persuading a judge to keep a child in juvenile court. These experts—which often include psychologists or psychiatrists—typically provide written reports that can be submitted with a defense brief. They may also be able to testify at the transfer hearing.

Contact an Experienced Juvenile Defense Attorney Today

If your child has been arrested for a crime in California, they’re often entitled to avoid criminal prosecution as an adult. However, this isn’t always the case. No matter the situation, it’s essential to learn more about the legal implications and options in front of you. Your family is important to us, and we’ll do everything in our power to help you and your child attain the best result possible in their case.

At the Aron Law Firm, we have experience safeguarding clients of any age from a range of criminal charges. We take a unique and compassionate approach that aims to make the legal process as painless as possible. To talk with a criminal defense attorney today, schedule a consultation by calling (805) 500-7745 or completing our online contact form as soon as possible.

What is Considered a Sex Crime in California?

Posted by William Aron | Nov 17, 2021

California doesn’t have a concrete definition for “sex crime” because there are so many different varieties of sex crimes listed in the penal code, but “sex crimes” can generally be defined as offenses committed involving illegal sexual conduct. More specifically, this tends to be touching the intimate body part of another against that person’s will.

Sex crimes vary in severity and can be filed as felonies or misdemeanors. This can include anything from grabbing your genitals in public to forcible rape. California considers all sex crimes to be serious offenses that deserve investigation or court action. If you’ve been arrested for a sex crime in California, it’s crucial that you get in touch with an experienced criminal defense attorney who can help.

Common Types of Sex Crimes in California

At the Aron Law Firm, we have experience handling a wide variety of sex crimes cases. Some of the most common sex crimes in California include the following:

  • Rape: Rape is defined as a penetrative act of sexual intercourse with a person who is not the perpetrator’s spouse and who does not provide consent.
  • Sexual battery: Rape and other sexual crimes are technically a form of sexual assault and battery. Sexual battery is considered touching someone’s intimate parts against their will for sexual gratification, arousal, or abuse.
  • Child sexual abuse: Child sexual abuse occurs when an adult forces himself or herself upon a child to satisfy a sexual pleasure. To be convicted of this crime, the victim must be under the age of consent, and the actions must have resulted in mental or physical harm.
  • Prostitution: California’s law against prostitution applies whenever anyone agrees to engage in the act of prostitution with someone else. To breach the law, you have to have both intend on prostituting yourself and do something to commit the act.
  • Lewd conduct: Lewd conduct occurs when a person touches someone else’s genitals, buttocks, or breast for sexual pleasure in a place open to public view.
  • Failure to register as a sex offender: A person is guilty of this crime if they’re required to register under the Sex Offender Registration Act and willfully violate the requirement.
  • Date rape: Date rape is forcible or nonconsensual sexual intercourse between people who know each other and have been in a dating relationship.
  • Indecent exposure: This crime is committed when a person willfully exposes their private parts in a public place in the presence of another person who might be annoyed or offended.

Several different offenses fall under the umbrella term “sex crime,” but they generally relate to coerced—and therefore illegal—sexual conduct against another individual. No matter the crime of which you’re accused, it’s crucial that you get in touch with a lawyer who can help.

Contact an Experienced Santa Barbara Criminal Defense Lawyer Today

If you’ve been arrested for a sex crime in California, it’s crucial that you get in touch with a best-in-class criminal defense lawyer as soon as possible. A sex crime accusation in California can be devastating to your future, and California prosecutors often aggressively pursue the maximum sentences for these types of crimes. However, with the help of a knowledgeable and compassionate criminal defense attorney at the Aron Law Firm you may be able to preserve your reputation and sidestep any penalties associated with the crime.

At the Aron Law Firm, we know and understand California’s sex crime laws and have experience protecting clients from an assortment of sex crime-related criminal charges. Our goal is to make the legal process as easy as possible. To get in contact with a skilled criminal defense attorney, schedule a consultation by calling (805) 500-7745 or completing our online contact form today.

Do I Need a Criminal Defense Lawyer Even If I’m Guilty?

Posted by William Aron | Nov 10, 2021

Can Possession of a Fake ID Land You in Jail?

If you’ve been arrested for a crime, you’re likely feeling a combination of hopelessness, futility, and disheartenment. These feelings can only be made worse if you’re guilty of the crime in question. After all, with a pile of evidence against you, you may think there isn’t much you can do to sidestep the consequences associated with an expected conviction. However, there are still several ways an experienced criminal may be able to help. A skilled lawyer may be able to fight the criminal charges, and even if they can’t help you entirely evade penalties, they may be able to lessen some of the immediate and long-term effects after your arrest.

Consider it in different terms: if someone told you they were seriously ill or badly injured, you’d still tell them to go to the doctor, even if it was troublesome and expensive. The doctor would do what they could to mend you completely, but even if they couldn’t wipe away the discomfort in its entirety, they could provide relief. A top-notch lawyer acts in the same way. To learn more about your options, consider getting in touch with a knowledgeable criminal defense lawyer at the Aron Law Firm today.

How a Criminal Defense Lawyer Can Help You Even if You’re Guilty

The criminal justice system abides by a moniker you’ve heard time and time again: you’re innocent until proven guilty beyond a reasonable doubt. Even if you believe you’ve committed a crime and there’s evidence of such, you should still hire a lawyer. Until you’ve been found guilty in a court of law, you have the right to due process. That’s where we come in.

Potential Defense Strategies for Those who are Charged with a Crime

At the Aron Law Firm, we may be able to prove that the police officer didn’t have probable cause or that the evidence isn’t credible, wasn’t appropriately collected, was the result of an illegal stop or search, wasn’t handled appropriately, or was compromised. We may also be able to challenge the prosecutor’s evidence against you to have the charges reduced, negotiate a favorable plea deal, or even have the case against you dismissed. An experienced lawyer understands what’s essential to the prosecutor and judge and may be able to work to help you get a good deal.

Additionally, a criminal defense lawyer may be able to help you sidestep other penalties associated with a conviction, including losing your driver’s license, facing professional discipline or losing of a professional license, forfeiting the right to possess a firearm, facing deportation, losing your right to custody or visitation with your minor children, or losing access to public housing options.

Moreover, it’s also important for a lawyer to determine if you’ve actually committed a crime. This may sound counterintuitive, especially if the police catch you red-handed in the act of the crime, but there’s a chance that you didn’t truly break the law despite what you thought at the time of the act. Additionally, even if you did something illegal, you may not be guilty of the crime with which you’ve been charged.

Contact a Skilled Criminal Defense Lawyer at the Aron Law Firm Today

If you’ve been arrested for a crime, whether you believe you’re guilty or not, it’s crucial that you get in touch with a top criminal defense lawyer who can help. You’re still eligible for a fair trial and an attorney who can represent your interests. At the Aron Law Firm, our experienced team will discuss with you the facts and circumstances surrounding your case. Once we have a concrete plan of action, we’ll do everything in our power to reduce or vacate the penalties associated with the crime.

At the Aron Law Firm, we have expertise in protecting clients from a  variety of criminal charges. We take a client-centered approach in the hopes that we can make the legal process as painless as possible. To talk with a criminal defense attorney today, schedule a consultation by calling (805) 500-7745 or completing our online contact form as soon as possible.

Can Possession of a Fake ID Land You in Jail?

Posted by William Aron | Oct 19, 2021

Possessing a fake ID can seem like a relatively innocuous rule break. After all, fake IDs are most often used by college students looking for a fun night out before they turn 21. However, getting turned away from a bar isn’t the worst fate you could suffer if a suspicious bouncer asks you to recite your zip code. While many California police officers will confiscate your ID and let you off with a warning, others may take it more seriously. All things considered, what’s the worst that could happen if you’re caught in possession of a fake ID?

In simple terms, it’s a crime in California to possess or display a fake identification card or driver’s license with the intent to commit fraud or forgery. This crime is considered a “wobbler,” which means the prosecutor can file the case as either a misdemeanor or felony crime. As a misdemeanor, this crime is punishable by up to one year in jail, a fine of up to $1,000, and misdemeanor summary probation. As a felony, the crime can land you three years in jail, a fine of up to $10,000, and formal felony probation.

What Is Considered a Fake ID and How Can You Be Penalized?

Possession of a fake identification card or driver’s license is covered under California Penal Code Section 470b, which defines “fake ID” as a government-issued driver’s license or identification card (US passport, Social Security card, or US military card) that’s been counterfeited, reproduced, duplicated, forged, altered, or falsified. For example, you’ve committed a crime if you’ve changed the name on your ID, created a fake driver’s license, or altered the physical description or photograph that appears on the card.

While this crime is most commonly committed by minors attempting to purchase alcohol, fake IDs are also often used to cash a check in another person’s name. Likewise, fake IDs cards are also sometimes used by illegal immigrants to avoid arrest by police or to obtain state benefits.

For you to be convicted of using a fake ID, the following must be proven beyond a reasonable doubt: 

  • You displayed or possessed a driver’s license or government-issued ID card
  • Your ID was counterfeited, reproduced, duplicated, forged, altered, or falsified
  • You knew the license or ID card was not authentic
  • You intended to use the ID to commit forgery (deceiving another person to cause damage to a legal, financial, or property right.) 

If you’re facing allegations of possessing or displaying a fake identification, call the Santa Barbara criminal defense lawyers at the Aron Law Firm today. We can review the details of your case and put together a solid defense strategy.

Can You Go to Jail for Possessing a Fake ID?

The penalties for a conviction for using a fake ID as a misdemeanor include a fine of up to $1,000 and imprisonment in a county jail for up to a year. A felony conviction may lead to three years in state prison. Fortunately, with the help of an experienced lawyer, you may be able to sidestep the consequences associated with a conviction.

Contact an Experienced Criminal Defense Lawyer at The Aron Law Firm

If you’ve been accused of possessing or displaying a fake driver’s license or government-issued identification card, don’t hesitate to call the Santa Barbara criminal defense lawyers at the Aron Law Firm today. Led by former Deputy District Attorney William M. Aron, the Aron Law Firm has amassed substantial legal experience in criminal and civil law arenas, making us a formidable opponent in almost any context.

Contact the Aron Law Firm today for further questions about possible jail time for your fake ID or to discuss your case with one of our California criminal defense lawyers. Our knowledgeable lawyers are dedicated to protecting your rights. To discuss your case with a skilled criminal defense attorney, schedule a consultation by calling (805) 500-7745 or completing our online contact form today.

At What Point Does an Argument Become Domestic Violence in California?

Posted by William Aron | Oct 14, 2021

Arguments are common in all kinds of relationships. In fact, some degree of conflict is often healthy as it means both parties are expressing themselves rather than keeping everything buried inside and letting emotions fester. However, it’s not uncommon for arguments to escalate to the point of domestic violence. The question is, where is the line drawn?

In simple terms, California law deems domestic violence as abuse, harm, or threats of abuse or harm between two parties who have been or are in an intimate relationship. This includes a former or present spouse, girlfriend, boyfriend, fiancé, domestic partner, cohabitant, the parent of your child, or someone to whom you’re closely related through blood or marriage. Here’s a breakdown regarding when an argument crosses the line into domestic violence.

Can a Heated Argument Be Classified as Domestic Violence in California?

The scenario isn’t far-fetched: you get into a frenzied shouting match with your partner, which garners the attention of the neighbors, who subsequently call the police. Next thing you know, you’re sitting in the back of a cop car arrested on suspicion of domestic violence. You know you didn’t physically harm your partner, but you begin to wonder whether you’ve unknowingly broken any laws. 

While this scenario can leave you confused and frightened, it’s important to remain calm and contact an attorney as soon as possible. With the help of an experienced lawyer, you may be able to avoid a conviction.

In California, domestic violence is defined as any act of harm, abuse, or threatened abuse committed against someone with whom you’re in an intimate relationship. “Abuse” is further defined by the following terms: 

  • Physically hurting or trying to hurt someone
  • Sexual abuse
  • Harassment/stalking
  • Making the other person “reasonably apprehensive” that they’re in imminent danger

In other words, one of the main takeaways in this context is that domestic violence doesn’t have to involve physical touching. Verbal abuse, psychological and emotional abuse, stalking, destroying personal property, and threatening harm can also be classified as domestic violence. More specifically, emotional or verbal abuse can include repeated threats, attempts to embarrass, belittlement, coercion, and attempts to restrict action.

What Differentiates Abuse from an Argument?

In general, arguments differ from domestic violence when one person engages in actions that seek to establish control over the other. The most apparent form of domestic violence occurs when one party physically strikes the other. On the other hand, emotional abuse can occur when a person tries to block their partner from participating in a decision by belittling or insulting their intelligence. Because this line can be very tricky to maneuver, it’s crucial to discuss the specifics of your case with the Aron Law Firm.

Contact a Top Criminal Defense Lawyer at The Aron Law Firm

If you have additional questions about domestic violence or wish to learn more about how you can protect yourself from the ramifications of a conviction, contact the Aron Law Firm as soon as possible. Our top-of-the-line team of attorneys is committed to safeguarding your rights by scrutinizing the details of your case and putting together a stout defense. We’re well versed in California’s domestic violence laws and are dedicated to helping you sidestep the penalties associated with this offense.

At the Aron Law Firm, our experienced attorney will do everything in his power to protect you from a wide variety of criminal charges, including domestic violence, and we seek to make the legal process as painless as possible. Schedule a consultation today by calling (805) 500-7745 or completing our online contact form to further discuss your options with a knowledgeable criminal defense attorney.

What Will Show Up on Your California Background Check?

Posted by William Aron | Oct 4, 2021

If you’re among the estimated one in three California residents with a criminal record, you may be worried about how it will affect your job search. After all, it’s not uncommon for employers to ask about criminal history on job applications, and if you have a criminal record, it could end the process before it’s even begun. The rules surrounding background checks can be hard to understand. This is especially true in California, where background checks require special considerations.

If you have a criminal record and are worried about whether it might show up during your California background check, you’re not alone. While criminal background checks can reveal a wide variety of information about your history, job seekers with criminal records still have substantial protections under California law. Here’s what you need to know.

What is a Background Check?

A background check is a process a company uses to verify your history. This includes information about your criminal history, education, employment, and other activities from your past. This can include negative information on a credit report, worker’s compensation records, and DMV driving records. When it comes to your criminal history, a background check will generally reveal if you’ve been convicted of a misdemeanor or felony, though there are several exceptions.

It’s unlawful for an employer or company to gain access to information regarding an arrest that didn’t lead to conviction, a conviction dated more than seven years from the date of the check, a conviction for which the person checked received a pardon, an arrest leading to the completion of a successful diversion program, expunged and sealed convictions, and certain marijuana offenses.

Understanding the Exceptions to Background Checks in California

While background checks are legal in California, California law imposes several restrictions and obligations on employers when performing them. Some of these are found in:

  • California’s ban the box law: Officially known as the “California Fair Chance Act,” this law bans employers from asking about your criminal history before making a job offer. Even after making an offer and realizing your criminal background, the employer can’t deny you because of a conviction without making an individualized assessment.
  • The Los Angeles and San Francisco fair chance ordinances: This ordinance, which was in place before ban-the-box, offers similar protections: if an employer decides to deny employment based upon your criminal history, you have a chance to provide evidence of why employment is still justified.
  • The Fair Credit Reporting Act: This law states that employers are required to gain your written consent before they conduct a criminal background check. Likewise, they must provide notice to the applicant if they deny employment because of this information.
  • The California Information Privacy Act: This law states that if an employer is doing a background check, they must give you the option to view this check.
  • Anti-discrimination laws: State and federal laws prohibit California employers from discriminating against applicants, including those with a criminal record.

Likewise, it’s important to note that negative information may be cleared from a background check through expungement, Certificates of Rehabilitation, Governor’s pardons, sealing juvenile records, and petitions for a finding of factual innocence.

Contact a Skilled Criminal Defense Lawyer at The Aron Law Firm

If you have additional questions about your California background check or want to discuss your case with one of our knowledgeable California criminal defense lawyers, get in touch with the Aron Law Firm today. With years of experience helping clients just like you, our best-in-class lawyers can help you determine whether their criminal or credit history illegally had a role in an employment decision and, if so, whether you can pursue a case against the employer.

If you’re interested in cleaning up your criminal record or fighting against the at-fault employer, call a Santa Barbara criminal defense attorney at the Aron Law Firm today to discuss your legal situation and determine what options are available to you. Our experienced team is dedicated to helping each of our clients and will remain by your side throughout the legal process. To talk to a criminal defense attorney, schedule a consultation by calling (805) 500-7745 or completing our online contact form today.

What Should I Do if My Child is Accused of a Sex Crime in California?

Posted by William Aron | Sep 27, 2021

What Should I Do if My Child is Accused of a Sex Crime in California?

As a parent, it’s inherent that you protect your child from any violence or harm that may cross their path. This includes shielding them from adult predators. However, few parents consider the opposite: the possibility that their child might be the perpetrator. Yet, child-on-child sexual abuse is far from uncommon and is an issue often ignored and overlooked. As a result, you may feel lost, unheeded, and without a sense of support if faced with this challenging situation.

If your child has been accused of a sex crime in California, you may have a number of questions running through your head, such as whether they will be charged as an adult, if they’re required to register as a sex offender, and if they’ll face time in prison. It’s crucial that you understand your child’s rights and the next steps you can take to protect them from harm. For legal assistance, contact the experienced lawyers at the Aron Law Firm as soon as possible. 

What Happens After Your Child Is Accused of a Sex Crime?

Learning that your child has been accused of a sex crime can be a difficult pill to swallow. Not only are you likely confused and upset, but you may be unsure how to approach the situation in the immediate aftermath of the case.

First, note that the police may ask your child to appear at the police station for an interview. It’s crucial that you speak to a lawyer before talking with law enforcement or agreeing to an interview.

Next, know that if your child is arrested and booked into a juvenile detention center, it’s required by law that you’re promptly notified. They may be held in this facility for up to 72 hours, at which point there will be a hearing to discuss if there was probable cause that a crime was committed and whether or not it makes sense for them to be released. The hearing officer may impose certain conditions, such as a curfew or electronic monitoring.

Will Your Child Be Tried as an Adult If Accused of a Sex Crime?

If your child’s case is more severe, such as in the case of rape, they may be transferred to an adult court. The factors that play a role in this decision include the following: 

  • Your child’s age
  • Your child’s mental and emotional status
  • Your child’s ability to understand the nature of the offense
  • Whether there is treatment available through the juvenile court system that could prevent the commission of similar offenses
  • If the offense was violent

It’s imperative that you do everything in your power to keep your child’s case in juvenile court. Avoiding adult court can help your child sidestep a lengthy prison sentence with adult offenders. However, it’s important to note that while juvenile courts focus more on treatment than on punishment, your child may still be facing incarceration, community service, and fines.

Will Your Child Have to Register as a Sex Offender after an Accusation?

A conviction for a sex offense may also require your child to register as a sex offender. Prior to release from prison, jail, a hospital, or probation, sex offenders who are required to register will be notified in writing of this obligation. If placed on the registry, a sex offender must notify their local law enforcement agency when they change their employment, address, or contact information. An experienced lawyer may be able to help your child avoid the sex offender registry.

Contact a Best-in-Class Criminal Defense Lawyer at The Aron Law Firm

Contact the Aron Law Firm today for any additional questions or to discuss your case with one of our California criminal defense lawyers. Our knowledgeable team is dedicated to protecting your rights by investigating your case in detail and building a strong defense. Our lawyers understand California sexual abuse laws and may help you avoid the consequences that stem from this offense. 

At the Aron Law Firm, we have experience helping shield clients from a wide variety of criminal charges. This includes taking a client-centered approach that aims to make the legal process as painless as possible. To speak with a top rated criminal defense attorney, schedule a consultation by calling (805) 500-7745 or completing our online contact form today.

How a DUI Can Impact Your Nursing License in California?

Posted by William Aron | Sep 16, 2021

How a DUI Can Impact Your Nursing License in California

While the human drive to care for others and provide help in a time of crisis has been around long before hospitals and doctors’ offices existed, nurses have never been more critical than they are today. Nurses play an increasingly crucial role in today’s society, not just by providing care, but also in the administrative side of healthcare. Nurses not only help individuals, but they’re also at the forefront of change in healthcare and public health. As a result of the importance of the role, however, any arrest or conviction comes with severe consequences.

In California, an arrest for driving under the influence may significantly impact your nursing career. If you’re a nurse who’s been arrested for DUI and are worried about the implications this mistake may have on your ability to earn a living, you’ve come to the right place. At the Aron Law Firm, our team has experience helping others in your position. We’ll do everything in our power to protect your license and help you avoid the administrative consequences that stem from this offense. Contact us today to learn how we may be able to protect your rights.

The 30-Day Rule for Self-Reporting a DUI Conviction in California

In a standard DUI case, the defendant typically only needs to consider the criminal charges. However, registered nurses need to jump an extra hurdle that includes potential penalties from the California Board of Registered Nursing (BRN).

It’s important to note that you’re fingerprinted when you’re arrested for a DUI, and the BRN will immediately receive notice of the arrest. Because the BRN will already be notified, you’re not required to reach out and inform them of your arrest. However, if you’re convicted, you have 30 days to report it to the BRN.

California’s Voluntary Diversion Program for Nurses

After the BRN has been informed of your arrest through the judicial system, they’ll send you a letter that gives you the option to participate in the voluntary Diversion program. This program is designed to help those who are struggling with substance abuse. If you decide to utilize this program, note that your license will be deactivated. However, the program is voluntary, and you don’t have to enter into the program unless you want to.

How to Disclose Your Conviction to the California Board of Registered Nursing

If you’ve been convicted of driving under the influence, you must report your conviction to the BRN within 30 days. The approach you take when disclosing the information, however, may be tactically approached to give you the best chance at retaining your license and keeping your career on track. That’s why hiring a professional license defense lawyer from the Aron Law Firm should be your top priority. Our team will frame your situation in the best possible light. In the best-case scenario, you’ll only receive a fine and citation. 

If the BRN recommends that the deputy attorney general review your case, an “Accusation” will be filed against your nursing license. At this point, the BRN may call for your nursing license to be revoked. Acquiring the help of a knowledgeable attorney with experience at these hearings will be instrumental. They may be able to negotiate for reduced discipline, which may ultimately allow you to keep your license. Facing a conviction for DUI isn’t a guarantee that you’ll lose your California nursing license, so it’s crucial that you help yourself by securing a legal advocate early on in the process.

Contact a Professional License Defense Lawyer at The Aron Law Firm

If you’re a nurse who’s been arrested for DUI and are worried about how this will affect your career, it’s imperative that you reach out to the skilled lawyers at the Aron Law Firm today. Our team has the knowledge and expertise to protect your rights and help you sidestep any consequences associated with this offense, both statutory and administrative. We thoroughly understand California DUI laws and have experience helping others in your shoes.

For any additional questions about driving under the influence charges in California and how this may affect your career, reach out to our California DUI defense lawyers as soon as possible. To speak with a best-in-class criminal defense attorney, schedule a consultation by calling (805) 500-7745 or completing our online contact form today.

Can Statutory Rape Charges Be Filed in California after the Victim Turns 18?

Posted by William Aron | Sep 7, 2021

Can Statutory Rape Charges Be Filed in California after the Victim Turns 18?

In the state of California, it’s illegal for someone 18 or older to have sex with someone younger than 18, even if the sex is consensual. This is considered statutory rape under state law. However, if you’ve been accused of this crime, you may be wondering if the law still applies if the alleged victim turns 18 while the statutory rape investigation is pending or if they don’t report the crime until they’re 19 or 20. While most cases may still be pursued after the victim turns 18, the answer depends on the statute of limitations that pertains to your case.

Statutory rape cases have a statute of limitations in California, which sets the maximum time for parties involved in the dispute to initiate legal proceedings. In short, the statute of limitations for statutory rape in California is either one year or three years depending on the circumstances of the case, the age of the victim, and the age difference between the victim and defendant. Here’s what you need to know.

What is Statutory Rape?

According to California Penal Code (CPC) §261.5, statutory rape is defined by the following terms:

“Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a “minor” is a person under the age of 18 years and an “adult” is a person who is at least 18 years of age.”

Statutory rape laws are based on the assumption that minors are incapable of giving informed consent to sexual activities. The following elements, which must be proven beyond a reasonable doubt, must be true:

  • The defendant and alleged victim had sexual intercourse
  • The alleged victim was under 18 years of age at the time of the incident
  • The defendant and alleged victim weren’t married at the time of the incident

It’s important to note that, for the purpose of the statute, a person becomes one year older when the first minute of their birthday has begun.

Understanding the Statute of Limitations for Statutory Rape in California

The statute of limitations for statutory rape in California is either one year or three years, depending on if the charge is a misdemeanor or felony. For misdemeanor charges, it must be filed within one year. For felony charges, it must be filed within three years. This means that the case may be pursued even if the alleged victim turned 18 while the statutory rape investigation is pending, as long as it’s within that one or three year period. However, if it’s not filed within this timeframe, the charge may be dismissed. 

Here’s a breakdown of misdemeanor and felony charges for statutory rape in California:

Misdemeanor Statutory Rape Charges

In California, statutory rape is considered a misdemeanor if the intercourse was with a minor who is less than three years younger. Suppose the minor was more than three years younger. In that case, it’s considered a “wobbler,” meaning that the charge may be prosecuted either as a felony or misdemeanor depending on the prosecutor’s discretion. The factors that will help them make this decision include the following: 

  • The severity of the crime
  • Prior offenses
  • Level of cooperation with law enforcement
  • Likelihood of continued criminal activity
  • The defendant’s age
  • The strength of the prosecutor’s case
  • Eligibility for probation 

Remember that the statute of limitations for misdemeanor statutory rape cases is one year.

Felony Statutory Rape Charges

Statutory rape may be charged as a felony if the minor was under 16 and you were at least 21 at the time of the incident or the minor is at least three years younger than you were. These are also wobblers, meaning it’s up to the prosecutor’s judgment whether to pursue a felony or misdemeanor charge. If charged as a felony, the statute of limitations is three years.

Contact a Top California Statutory Rape Defense Lawyer at The Aron Law Firm

If you’ve been arrested for statutory rape and have additional questions about the statute of limitations, penalties, or anything else pertaining to your case, it’s important that you get in touch with the experienced lawyers at the Aron Law Firm. Our best-in-class team of lawyers is dedicated to helping you defend your rights and protect your future. We’ll investigate your case in detail, build a strong defense, and remain by your side throughout the legal process.

At the Aron Law Firm, we have years of experience helping protect clients from a variety of criminal charges, including statutory rape. We’re committed to dedicating our full attention and care to each and every one of our clients. To talk with a high-level criminal defense attorney, schedule a consultation by calling (805) 500-7745 or completing our online contact form today.

Understanding the Difference Between Battery and Assault in California

Posted by William Aron | Aug 16, 2021

Understanding the Difference Between Battery and Assault in California

A common misconception criminal law pertains to assault and battery. Many individuals believe that assault and battery are interchangeable crimes because they’re often charged together. However, it’s important to note that the state of California actually classifies assault and battery as two separate convictions. It’s crucial, in this case, that you understand the difference if you’ve been arrested for either or both crimes. After all, both assault and battery can result in significant penalties, and the defense strategy you and your lawyer put together will entirely depend on the crime with which you’ve been charged.

In a nutshell, assault occurs when a person commits an act that puts a victim in reasonable apprehension of harmful or offensive contact. Battery, on the other hand, occurs when someone commits an act that actually inflicts harmful or offensive contact on the victim. In this blog, we help you understand a more detailed definition of each crime, how they’re distinct, and some of the common misunderstandings you need to know based on California law. Here’s a breakdown.

What’s the Difference Between Assault and Battery?

Because assault and battery are terms often grouped together, many people don’t know that these are separate crimes. Battery is likely what most people think of when they consider “assault and battery.” Battery is a term that describes an interaction when one person touches another using force. Note that this doesn’t have to be a violent situation. It may also refer to harmful, offensive, and non-consensual touching. Assault, on the other hand, occurs when a person is attempting to use violence or force on a person. In most situations, an assault will occur first, followed by battery.

Here’s what you need to know about each as they pertain to California law:

Assault

The state of California defines assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” In other words, you don’t actually have to follow through with the violent (or nonviolent) act to be guilty of assault. What matters is that you have the ability and attempt to injure someone. Simple assault is a misdemeanor punishable by up to 6 months in jail and fines of up to $1,000. If you possessed a deadly weapon at the time, the crime may be a misdemeanor or felony conviction and may result in up to four years in prison and up to $10,000 in fines.

Battery

California Penal Code 242 PC defines battery as “any willful and unlawful use of force or violence upon the person of another.” In other words, if the assault is an attempted attack, battery is the attack itself. With this in mind, it’s easy to see why both crimes are often charged at the same time when a defendant attempts to injure someone else and succeeds. Battery is a misdemeanor punishable by up to $2,000 in fines and imprisonment in county jail for up to 6 months. Aggravated battery, which involves the willful use of violence or force on another person causing serious bodily injury, may be charged as a misdemeanor or a felony.

Whether you’re facing assault or battery charges, or both, it’s essential that you protect your rights. Contact the Aron Law Firm for legal assistance today.

Contact the Assault and Battery Lawyers at Aron Law Firm Today

Are you a California resident who’d been arrested for assault, battery, or both? If so, you may benefit from the assistance of knowledgeable legal professionals from the Aron Law Firm. Our skilled team has a wealth of experience helping to defend clients across the state of California from a wide variety of criminal charges, including assault and battery. We understand how stressful this time in your life can be, which is why we dedicate ourselves to the well-being and security of each and every one of our clients. For any additional questions about the difference between assault and battery or to discuss defense strategies, contact us today.

The Aron Law Firm has years of experience providing thoughtful, intelligent, and compassionate representation to our clients. We partner with you so that when your case is over, you’ll feel confident that retaining our firm was the best decision you’ve ever made. We understand that each client has their own unique set of circumstances and needs, which is why we treat each of our clients like a person, not another case number. To get in touch with a criminal defense attorney today, schedule a consultation by calling (805) 500-7745 or completing our online contact form.

Top 4 Mistakes People Make After a DUI Arrest in California

Posted by William Aron | Aug 11, 2021

Top 4 Mistakes People Make After a DUI Arrest in California

An arrest for driving under the influence can be frightening for just about anyone. After all, a conviction of this nature can ultimately have profound consequences and is a far more severe matter than simply receiving a traffic ticket. As such, it’s crucial that you respond assertively and develop an appropriate response to protect yourself from consequences that may include the loss of a driver’s license or jail time. Unfortunately, however, many people don’t know how to respond after a DUI arrest. This can lead to mistakes that make a conviction more likely.

It can be challenging to navigate a DUI arrest properly. While this difficulty is reasonable considering your potential lack of experience and the often-tricky landscape of California’s criminal justice system, even one slip up may lead to a host of added problems. For help sidestepping errors that often plague defendants in your shoes, we’ve broken down a list of some of the most common to consider. For any additional questions about avoiding these potholes or for help protecting yourself after an arrest, contact the Aron Law Firm today.

4 Common Mistakes after a DUI Arrest

Everything that you do and say after an arrest can seriously impact your ability to fight the charges successfully. By understanding the mistakes that others in your shoes have made, you may avoid history repeating itself. Here are a few to keep in mind:

Not Hiring a DUI Lawyer

Many DUI defendants make the mistake of thinking they can handle the case on their own, that they should listen to their friend’s advice, or that they should plead guilty to “get the case behind them.” Yet, this couldn’t be further from the truth as your job, reputation, and very freedom may be on the line. With so much riding on the results of your case, it’s crucial that you get in touch with a legal professional who has years of experience successfully handling cases just like yours. Depending on the specifics of your case, we may be able to get evidence suppressed or get your charges dropped or reduced.

Assuming You Can’t Fight Your Case

Many drivers who have been charged with DUI believe it’s hopeless to fight their case. However, there may be various issues with your arrest, the breathalyzer test results, or your field sobriety test—to name a few—that your lawyer may be able to contest. After sharing as many details as possible with your defense lawyer, you may be able to prove that the BAC test was conducted the wrong way, the officer illegally conducted the arrest, or there was something else in your system that affected your BAC assessment.

Continuing to Drive after a License Suspension

No need to tempt fate. If your license has been revoked or suspended, you’re only hurting yourself if you continue to drive. If you’re found driving with a suspended license after driving under the influence, you’ll likely see additional consequences. In addition to a lengthier license suspension period, you may be sentenced to time in jail.

Not Exercising Your Fifth Amendment Right

Many people assume that they can talk their way out of any situation, even a DUI arrest. Likewise, you may imagine that remaining silent will appear to a police officer as if you’re guilty. However, because whatever you say can and will be used against you at trial, telling your side of the story often provides police and prosecutors plenty of evidence to convict you for drunk driving. It’s a lawyer’s job to craft just the right perspective to a prosecutor, and exercising your fifth amendment right will get you one step closer to eluding a conviction.

Contact the Skilled Criminal Defense Lawyers at The Aron Law Firm

Get in touch with the best-in-class lawyers at the Aron Law Firm today if you’ve been arrested for driving under the influence or have additional questions about avoiding some of these common mistakes. We’re dedicated to protecting your rights by helping you interpret your situation and put together a successful plan of action to fight the charges against you. After examining your case in detail and putting together a concrete defense, our experienced California criminal defense lawyers may be able to help you steer clear of any consequences associated with a conviction.

At the Aron Law Firm, our committed team of seasoned legal professionals knows what it takes to fight DUI charges and may help you evade the consequences that stem from this offense. We have plenty of experience assisting clients with a range of legal issues. We focus on the well-being of each of our clients in order to make the legal process as painless as possible. To get in touch with a criminal defense attorney today, schedule a consultation by calling (805) 500-7745 or completing our online contact form.

Can Police Take My Blood Without Consent in California?

Posted by William Aron | Aug 4, 2021

Can Police Take My Blood Without Consent in California?

You probably already know that if the police suspect you’ve been driving under the influence, they have the right to pull you over and assess your blood alcohol content. This evaluation may be performed in a number of ways, the most popular of which is through a breathalyzer test. Another method, which is perhaps one of the most accurate and scientific techniques that police use to understand your blood alcohol content, is to take a sample of your blood. However, many drivers are confused about the rules and regulations surrounding the legality of blood samples, most notably whether or not the police may withdraw your blood without your consent.

In a nutshell, with few exceptions, the police can’t legally take blood from a driver suspected of DUI against their will unless they have a warrant. This is true even if the police reasonably suspect the driver of alcohol use. However, it’s important to note that if you refuse to submit to a blood test, you may still be required to take a breath test. In any case, if you think your blood was withdrawn without your consent or if you need help defending your rights against your blood test results, contact the experienced legal professionals at Aron Law Firm today.

When Does California Law Require a DUI Blood Test?

It’s crucial to note the nuances surrounding California’s implied consent law. In general, California drivers all consent to take a DUI blood or breath test if they’re lawfully arrested for driving under the influence. However, drivers don’t have to take a blood test and are instead given the option to decide between a breath and blood test. Exceptions arise in the following scenarios:

  • If the driver is unconscious
  • If the driver has been taken to a facility where breath testing isn’t available
  • If the police have a warrant
  • If the police reasonably believe the driver was under the influence of drugs
  • If the police suspect you’ve committed a felony

This rule is relatively new in California. Prior to the laws changing in 2018, a warrant was required for a blood draw. Today, even if the police don’t have a warrant, they may still draw your blood if you voluntarily and freely choose a blood test over a breath test or if you fall into one of the exceptions listed above.

Is It Better to Take a Blood Test or a Breath Test If You’ve Been Pulled Over for DUI in California?

Predominantly, drivers tend to choose breath tests over blood tests because they’re faster and less invasive. However, there are a few reasons why you may prefer a blood test. For one, breathalyzers measure the amount of alcohol in your system by mathematically converting this number to an approximately equivalent BAC, a formula known as a “partition ratio.” Because everyone’s partition ratio is different, some people consider blood tests a more accurate measure of BAC than breath tests. Additionally, a portion of your blood sample may be saved for later retesting, which is sometimes a significant advantage.

Contact the Knowledgeable Criminal Defense Lawyers at The Aron Law Firm

Contact the Aron Law Firm today if you’ve been arrested for driving under the influence or have additional questions about providing consent for blood tests in California. We’ll not only help you understand your situation and the options you have based on the circumstances of your case, but our skilled California criminal defense lawyers may be able to help you sidestep the penalties associated with a conviction. After investigating your case in detail and building a robust defense, our legal team will do everything in our power to protect your rights.

At the Aron Law Firm, our team is well versed in DUI defense law and may help you dodge the consequences that stem from this offense. We have a wealth of experience helping clients with legal issues avoid a wide variety of criminal charges. We focus on our client’s well-being as we work to make the legal process as painless as possible. To discuss your case with a criminal defense attorney, schedule a consultation by calling (805) 500-7745 or completing our online contact form today.

Reasons Why a Reckless Driving Charge is Favorable to a DUI

Posted by William Aron | Jul 22, 2021

Reasons Why a Reckless Driving Charge is Favorable to a DUI

Though the behaviors associated with reckless driving and driving under the influence inevitably overlap, there are clear-cut differences between the two charges regarding how they’re penalized under California law. While reckless driving and driving under the influence both carry serious consequences, there are many reasons why reckless driving charges may be more favorable than a DUI.

While neither charge is ideal, you’d much rather face a reckless driving charge considering the different potential penalties associated with each conviction. Fortunately, a skilled Santa Barbara DUI defense lawyer may be able to downgrade your DUI charge to reckless driving, which allows for the possibility of record sealing or expungement, among other benefits. An experienced lawyer may even be able to eliminate your charges altogether, which will help you avoid stunting your professional growth, damaging your reputation, and permanently tarnishing your criminal record.

What’s the Difference Between Reckless Driving and DUI in California?

California Vehicle Code 23103 defines the offense of reckless driving as operating a motor vehicle with a willful or wanton disregard for the safety of other people or property. This offense is a misdemeanor punishable by up to 90 days in jail, a fine of at least $145, and 2 points on your driver’s license.

When it comes to DUI, California has two main DUI laws: Vehicle Code 23152(a), which criminalizes driving under the influence of alcohol, and Vehicle Code 23152(b), which makes it illegal to drive with a BAC of .08% or greater. Most individuals arrested for DUI in California get charged under both statutes.

A first offense DUI in California is a misdemeanor typically punished by 3 to 5 years of probation, $390 to $1,000 in fines plus penalty assessments, DUI school, a 6-month driver’s license suspension, and installation of an ignition interlock device. Some counties also impose a short amount of prison time or work release.

What is a “Wet Reckless?”

If you’ve been charged with DUI, the prosecution may consider resolving the case by allowing you to plead to a reduced DUI charge. This may be the case when there’s a problem of proof or your BAC was relatively low. This is called “wet reckless.” Reducing a DUI charge to wet reckless is generally a massive victory for your case considering the penalties are substantially reduced. Likewise, it’s important to note that a prosecutor can’t initially charge you with wet reckless. Rather, a DUI charge can only be reduced to wet reckless as part of a plea deal.

There are several critical differences between DUI convictions and convictions of wet reckless. First, a wet reckless conviction isn’t DUI and won’t trigger the same consequences that a DUI conviction would have with employers or licensing agencies. Likewise, unlike a DUI conviction that triggers an automatic driver’s license suspension and the installation of an ignition interlock device (“IID”), a wet reckless conviction sidesteps these penalties.

3 Reasons Why Reckless Driving is Preferable to DUI

If you’ve been charged with DUI in California, all hope isn’t lost. In fact, there are situations in which you can reduce your charge from DUI to reckless driving, or perhaps even eliminate your charges altogether. Here’s a closer look at some of the benefits of wet reckless over DUI:

  • Less severe penalties: In general, reckless driving carries less stringent penalties than DUI charges. A wet reckless deal typically means lower fines and less potential incarceration than would result from being convicted of DUI.
  • No mandatory court-ordered driver’s license suspension: A DUI charge can lead to automatic driver’s license suspension, which isn’t typically included in a wet reckless charge. However, note that the DMV can still suspend your driver’s license, though even then, you still may be able to drive with the installation of an IID.
  • No DUI on your criminal record: This benefit alone could save your current job or keep you from being disqualified for other jobs. In fact, it’s possible to seal or expunge your criminal record with wet reckless.

For help learning about the possibility of reducing your DUI charges to wet reckless, contact an experienced criminal defense lawyer at The Aron Law Firm today.

Contact a Knowledgeable Criminal Defense Lawyer at The Aron Law Firm

For questions about the difference between DUI and reckless driving or to discuss your case with one of our Santa Barbara criminal defense lawyers, contact the Aron Law Firm today. Our best-in-class attorneys are dedicated to protecting your rights by investigating your case in detail and building a robust defense. Our legal team is well versed in the laws surrounding DUI, reckless driving, and wet reckless, and we may be able to help you avoid the consequences that stem from this offense.

At the Aron Law Firm, we have a wealth of experience protecting our clients from various criminal charges. We take a client-centered approach that seeks to make the legal process as straightforward as possible. To talk with a criminal defense attorney, schedule a consultation by calling (805) 500-7745 or completing our contact form today.

Steps to Retrieving Your Car After a DUI Arrest in California

Posted by William Aron | Jul 14, 2021

Steps to Retrieving Your Car After a DUI Arrest in California

As if the legal consequences linked with driving under the influence arrest aren’t enough trouble, many California DUI defendants also have to worry about recovering their car after it’s been impounded. Unfortunately, this is a very real possibility for many defendants. It’s crucial, in this case, to understand the steps you need to take in order to recover your vehicle if you’re facing impoundment.

Vehicle impoundment is the legal process of taking your car to a tow yard or an impound lot. Your car will remain there until it can be auctioned off, recycled, claimed by its owner, or taken to a wrecking yard. Retrieving your car out of impoundment requires time and money but knowing what to do beforehand makes the process easier.

3 Steps to Take after Your Car is Impounded in California

Losing access to your car, whether for repairs or other reasons, is never fun. If your car is impounded, it’s crucial with this in mind that you act fast and take the necessary steps required to get your car back. Not only is not having your car a hindrance to your everyday life, but you may owe a fee for each day the car is impounded. Note, as well, that you may not be able to immediately get your car back if you were convicted of DUI. Sometimes, the court system will make you wait a long period before you can get your vehicle back.

Find Your Car

Your top priority is to find the lot where your vehicle is being held. You can do so by calling your local government office or by checking online. Note that it may take some time for the towing lot to update its registry to include your car. Once you do find where your vehicle is located, give the impound a call to confirm that your car is there.

Visit the Impound Lot and Gather Documents

Once you’ve found the location of your car and you’re sure that you can legally retrieve your vehicle, pay a visit to the impound lot. Bring with you proof of registration, proof of insurance, your driver’s license, and payment for all impound fees. If you don’t have insurance, you must enroll in a policy before retrieving your vehicle. You’ll only need the state’s minimum required insurance.

Pay the Impound Lot

The towing lot has to be reimbursed for towing and storage fees, so have some money set aside to pay them. The exact amount you need depends on the circumstance of your case and how long your car has been in the lot.

Challenging Impoundment and Other Penalties

If you’re facing serious criminal penalties for a DUI arrest in California, it’s essential that you retain a trustworthy Santa Barbara DUI defense lawyer and ask them about challenging your car’s impoundment. From questioning the validity of the evidence to arguing that vehicle impoundment is excessive based on your alleged wrongdoing, we at the Aron Law Firm are dedicated to protecting your rights.

Get in Touch with an Experienced Criminal Defense Lawyer at The Aron Law Firm

If you’ve been arrested for driving under the influence in California and need help collecting your car after it’s been impounded, consider the help of an experienced Santa Barbara criminal defense lawyer at the Aron Law Firm. Our knowledgeable team of top lawyers may be able to answer any of your questions related to vehicle impoundment or DUI defense strategies. Likewise, we may be able to defend you if you’ve been arrested for driving under the influence and need legal assistance. Our experienced attorneys are dedicated to protecting your rights by investigating your case in detail and building a sturdy defense.

At the Aron Law Firm, we have many years of experience safeguarding our clients from a wide variety of criminal charges, including DUI. We’re committed to protecting your rights, helping you recover your vehicle as seamlessly as possible after your arrest, and defending you from the consequences associated with a conviction. To speak with one of our experienced criminal defense attorneys, schedule a consultation by calling (805) 500-7745 or completing our contact form today.

Can I Refuse a Police Search of My Vehicle in California?

Posted by William Aron | Jul 8, 2021

Can I Refuse a Police Search of My Vehicle in California?

We all know that when the police have a search warrant, they’re given a free pass to examine your vehicle without permission. However, there’s long been discussion in popular culture about whether or not law enforcement officials are allowed to search the confines of your car without a search warrant. After all, the laws surrounding vehicle searches are confusing, ambiguous, and carry a number of exceptions. In general, the Fourth Amendment to the U.S. Constitution protects individuals from unreasonable searches by police officers, which means that, with a few notable exclusions, you can refuse a police search of your vehicle.

While the police can’t legally rummage through your car at first glance, there are a few exceptions, including if the police have probable cause, you permit them, you’re arrested, or something illegal is in plain view. If you think you’ve been the subject of an illegal police search and believe your rights have been violated, it’s crucial that you get in touch with an experienced Santa Barbara criminal defense lawyer as soon as possible.

What You Need to Know About Refusing a Vehicle Search

If you’re stopped in your vehicle by the police, it’s essential to know your rights. One of the foremost privileges provided to you by the Fourth Amendment states that you can decline if asked for a vehicle search. As long as the officer doesn’t possess a warrant and you’re not under arrest, you can tell the officer that you don’t consent to a search. However, it’s important that you do not do so aggressively and that you don’t overstep your right when talking with the police. Politely but firmly say, “I do not consent to a search of my vehicle.”

Exceptions That Allow Police to Search Your Vehicle

A police officer doesn’t always need to seek permission to search a vehicle, even if they don’t have a warrant. It’s important to note the instances in which the police are given reign to search your car. Here are a few of the most common:

Consent

Of course, even without probable cause, the police are permitted to search your vehicle if you provide them with consent to do so. Once you’ve consented to a search, the officer is free to investigate your vehicle as they see fit, and any evidence obtained through such a search is valid in a court of law in the same way as anything would be if collected through probable cause or a warrant.

Plain Sight

Even if you refuse a police search of your vehicle, an officer is still permitted to seize an illegal item if they can clearly see it in your vehicle, thanks to the plain view doctrine. For example, if you’re pulled over for speeding and an officer can clearly see an open container of alcohol in the cup holder, that bottle can be seized for evidence, and you may be arrested.

Probable Cause

One of the foremost ways a police officer can search your car without a warrant is to have probable cause. In this case, it’s crucial to differentiate reasonable suspicion from probable cause. Reasonable suspicion is the level of justification law enforcement must have to pull you over in the first place. It’s important to note that police don’t have to witness you committing a crime to pull you over. However, they do need to have some form of explanation for stopping you. Reasonable suspicion allows an officer to conduct a pat-down of your outer clothing, but this is the extent to any search an officer can conduct with reasonable suspicion.

Probable cause is a higher standard that officers must meet in order to conduct an arrest and search your vehicle. For example, if the police see you swerving across the road or if they smell alcohol on your breath, they likely have probable cause to search your vehicle and make an arrest.

Get in Touch with an Experienced Criminal Defense Lawyer at The Aron Law Firm

If you have any additional questions about when the police can search your vehicle or if you’d like to discuss your case with one of our Santa Barbara criminal defense lawyers, get in touch with us at the Aron Law Firm today. Our top-notch attorneys are committed to protecting your rights by investigating your case in detail and building a rock-solid defense. Our legal team understands and has dealt with the California laws surrounding vehicle searches, and we may be able to help you petition to have the evidence excluded from the proceedings by filing a motion to suppress.

At the Aron Law Firm, we have years of experience protecting our clients from various criminal charges. We’re dedicated to protecting your rights and helping to make the legal process as forthright as possible. To speak with a criminal defense attorney, schedule a consultation by calling (805) 500-7745 or completing our contact form today.

Is it Important to Pass a Field Sobriety Test after a CA DUI?

Posted by William Aron | Jun 30, 2021

Is it Important to Pass a Field Sobriety Test after a CA DUI?

If law enforcement suspects that you’re driving with a BAC above California’s legal limit, they have the right to stop you for questioning, search for evidence, and make a DUI arrest. In many cases, the officer will seek to confirm their suspicions by performing a field sobriety test. This brief examination—which typically involves a one-leg stand, horizontal gaze nystagmus, and a walk-and-turn in California—is a customary technique police have used for decades to decide if they should arrest a driver on suspicion of drunk driving.

While a field sobriety test is a standard procedure during a DUI stop, most officers don’t inform drivers that it’s entirely voluntary. In fact, it’s rarely in your best interests to partake in a field sobriety test. As many innocent people know, these tests aren’t always accurate, and even sober drivers tend to fail. Likewise, the opposite is also true. It’s not uncommon to pass the test with flying colors and still be convicted of DUI. So, while passing field sobriety tests can certainly help your case, it’s usually in your best interest to avoid participating in these tests.

How Important is Passing a California Field Sobriety Test to My Case?

You may assume that if you pass your field sobriety test, you’re free to go. However, this isn’t usually the case. Field sobriety tests are just one of many elements police officers use when deciding if enough evidence is present to make an arrest. Police only need “probable cause” to arrest a drunk driver, a standard that can be met if officers can gather enough evidence that a reasonable person would believe a crime has been, is being, or will be committed.

While conducting field sobriety tests plays a crucial role in helping officers decide if they should arrest a driver for DUI, it isn’t the only method. Other clues of impairment include the following: 

  • The smell of alcohol
  • Bloodshot or watery eyes
  • Flushed face
  • Slurred speech
  • Difficulty speaking or understanding the officer’s requests
  • Erratic driving
  • The presence of an open alcohol container

When a lawyer is defending you, they’ll likely use your successful field sobriety test as an element of your defense. However, they’ll also likely use other techniques to bring into question whether the arresting officer had sufficient grounds to stop you and make the arrest. So, when given the option to take a field sobriety test, it’s usually not in your best interest to attempt it for the purposes of your defense. Though a passing score can help your cause, it’s usually not worth the risk. In fact, field sobriety tests can be challenging, even for sober people.

Why Do Sober Drivers Fail Field Sobriety Tests?

Getting arrested for a crime you didn’t commit is perhaps your worst nightmare. By agreeing to participate in field sobriety tests, however, this fear may turn into a reality given that these tests are unreliable and often insufficient gauges of a person’s sobriety. Here are a few reasons why it’s not uncommon for sober people to fail these tests:

  • You have a medical condition: If you have a medical condition that impedes your eyesight or balance, you may not be able to pass a field sobriety test.
  • The test is subjective: Field sobriety tests have no scientific basis and are subject to an officer’s judgment, which is often biased if they’re seeking evidence that may lead to a DUI conviction.
  • You suffer from anxiety: If you’re nervous or shaky, it’s not uncommon to fail a field sobriety test. Additionally, the officer in charge of the tests may misinterpret your jitters as intoxication.
  • You’re fatigued: If your body is weak or tired, any physical test will be difficult. Likewise, even if you aren’t sleepy, your body might be stiff and weary from sitting in one place for an extended period.

There are several other reasons why someone who hasn’t been drinking might fail these tests, including illness or uneven pavement. Likewise, these tests don’t have any scientific basis and are subject only to an officer’s judgment, which is often biased. In fact, research shows that officers are very likely to overestimate a person’s BAC based on the results of these tests.

Contact a Criminal Defense Lawyer at The Aron Law Firm Today

If you failed a field sobriety test and need help defending your rights—or if you passed the test and were still arrested—it’s important that you contact a knowledgeable DUI defense lawyer at the Aron Law Firm as soon as possible. Our determined defense lawyers are committed to protecting your rights by investigating your case in detail and putting together a calculated defense. With the right legal team helping you throughout the case, you may be able to sidestep the worst potential consequences for driving under the influence in California.

At the Aron Law Firm, we know how to help clients fight a wide variety of criminal charges, including driving under the influence. Our seasoned legal team will be with you every step of the way. Schedule a consultation today by calling (805) 500-7745 or completing our contact form.

Can I Get a DUI if My Keys Aren’t in the Ignition in California?

Posted by William Aron | Jun 16, 2021

Can I Get a DUI if My Keys Aren't in the Ignition in California?

Picture this scenario: You and your friends are at a bar having a night on the town. As the evening nears to a close, you realize you’re too drunk to drive home, so you decide to play it safe and sleep in your vehicle until you’re sober enough to drive in the morning. You even give your friend the keys to your car to ensure there’s no risk that you’ll drive home while inebriated. Suddenly, you wake up to the abrupt sound of a flashlight tapping against your car window. It’s a police officer who’s come to investigate whether you were driving under the influence. Now what?

From a safety standpoint, there’s no question that it’s safer to sleep in your vehicle than drive home after a night of drinking. But from a legal standpoint, you may wonder if you’re immune to a DUI arrest in this scenario, especially if you don’t have the keys in the ignition. Surprisingly, there are many circumstances in which you can still be at risk for a DUI arrest in California, even if a police officer doesn’t witness you driving. Not having your keys in the ignition isn’t enough on its own to prevent you from getting arrested for drunk driving.

Understanding Circumstantial Evidence in DUI Cases

California Vehicle Code Section 23152(a) states that it’s “unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.” However, what constitutes driving? In California, the prosecution must prove that you acted to cause an intentional movement of a vehicle while under the influence. However, to prove it, an officer doesn’t necessarily have to witness you driving. Instead, law enforcement can put the pieces together using circumstantial evidence.

Circumstantial evidence consists of facts that don’t actually prove the crime but can be used to infer that a crime occurred. When enough circumstantial evidence is present, you can be convicted. The facts, while innocent on their face, may imply some other relevant detail. For example, circumstantial evidence could include open alcohol containers in the car, the types of bruises on the defendant, the warmth of the vehicle’s hood, or any damages to the car.

In this case, while you may not have had the keys in the ignition, the officer will look to use other elements to prove you were driving. For instance, if you had your seatbelt fastened and the engine is still warm, this may be enough to show that your vehicle was operated recently. However, if the keys aren’t in your possession but are instead with your friend several miles away, circumstantial evidence likely won’t be enough to prove that you somehow drove your vehicle without the keys.

DUI Defense Strategies If Your Keys Weren’t in the Ignition

While not having your keys in the ignition is a facet of a successful DUI defense strategy, we’ve learned that it’s not enough if the prosecution can find other shreds of circumstantial evidence. Fortunately, your lawyer may be able to help your case by showing the following: 

  • The keys were stored far out of reach (i.e., in the trunk or with your friend)
  • You weren’t occupying the driver’s seat
  • The engine wasn’t warm at the time of your arrest
  • There was someone else in the vehicle who could have driven 

In other words, while the prosecution can put together circumstantial evidence against you, you and your lawyer can also collect facts that help disprove or infer that you weren’t driving. The more evidence you or your DUI lawyer can bring to the court that you were not a danger while sleeping in your car, the less likely you are to face a conviction.

Call the DUI Defense Attorneys at The Aron Law Firm Today

If you’ve been arrested for driving under the influence—even if you didn’t have your keys in the ignition—the experienced lawyers at the Aron Law Firm may be able to help you evade or reduce the penalties associated with a conviction by negotiating on your behalf and providing counter-evidence to prove the weakness of the prosecution’s argument. Our highly trusted attorneys know the ins and outs of California DUI defense law and will be with you every step of the way throughout the legal process.

At The Aron Law Firm, we understand and have experience defending countless clients against these types of charges and can help you get the best results possible for your situation. We understand the many ways a DUI can disrupt your life, so our goal is to make this process as easy as possible. Give us a call at (805) 500-7745 or complete our contact form for legal assistance today.

What Happens if I Refuse a DUI Breath or Blood Test in California?

Posted by William Aron | Jun 3, 2021

What Happens if I Refuse a DUI Breath or Blood Test in California?

If you ever pass through a DUI checkpoint or get pulled over by a police officer on suspicion of drunk driving, you may be curious about your rights. After all, this kind of stop can be frightening and unsettling, and how you handle the stop and subsequent arrest may have a significant bearing on the outcome of your case. For example, it’s not uncommon for a police officer to ask you to submit to a blood or breath test to determine your blood alcohol content. Is it within your rights to refuse this assessment?

In California, the answer to this question can be boiled down to a simple rule of thumb: You’re not required to take a blood or breath test during a DUI stop before you’re arrested, but you’ll face a number of consequences if you choose not to do so after you’ve been arrested. Fortunately, if you’ve been arrested for DUI and refused to take a breath or blood test, an experienced Santa Barbara criminal defense lawyer is standing by to help you. Here’s everything you need to know about declining this test in California.

Understanding California DUI Laws and “Implied Consent”

There are two types of breathalyzer tests in California –– one that’s performed before your arrest, and another that’s executed afterward. Before your arrest, an officer may try to establish probable cause by asking you to take a voluntary “preliminary alcohol screening” test (PAS), which is typically administered using a breathalyzer. Except for those currently on DUI probation or under the age of 21, you’re not required to take a pre-arrest preliminary alcohol screening test, and you won’t be penalized if you refuse to do so.

However, following your arrest, the breathalyzer test you’re given at the police station is mandatory. If you refuse, you may be subjected to additional penalties under California’s “implied consent” law. Like many states, California implements implied consent laws that require drivers in the state to submit to a blood or breath test to determine whether alcohol or drugs are in their body and their level of intoxication.

Implied consent laws are in place with the idea that driving is a privilege and not a right, and if you refuse to take the test, your driving privilege should be revoked for some time. In other words, when you obtain your California driver’s license, you consent to provide a blood or breath test if you’re ever arrested for DUI, meaning your consent is implied and given in advance.

What Are the Penalties for Refusing to Take a Blood or Breath Test after a DUI Arrest?

California law allows the driver to choose between a blood or breath test, but if neither a blood nor breath test is available, the driver must take a urine test. An arresting officer is required to explain the consequences of refusing a test and may state that you don’t have the right to speak to a lawyer before taking the test and that refusing to do so can be used against you in court.

If you refuse a blood or breath test after being arrested, you could face additional penalties such as fines, license suspension, and jail time if you are convicted. California Vehicle Code Section 13353 states that if a police officer has probable cause to arrest you and you refuse to submit to a blood or breath test, you may face an automatic one-year license suspension and may also be required to attend a nine-month DUI program whether or not your DUI charge is eventually dismissed or you’re ultimately found not guilty of DUI.

It’s important to note that these penalties are in addition to those you’ll face if you’re convicted of DUI. 

Call the DUI Defense Attorneys at The Aron Law Firm Today

Just because you’re pulled over on suspicion of DUI doesn’t mean you’ve committed a crime. Even if you refused the breathalyzer test following your arrest, there might be ways to sidestep the impact of refusal. At The Aron Law Firm, we know how frustrating a DUI arrest can be, so our goal is to make this process as easy as possible. Our team of highly trusted attorneys knows the ins and outs of California DUI defense and will be with you every step of the way.

At The Aron Law Firm, we understand and have experience defending countless clients against these types of charges and can help you get the best results possible for your situation. Give us a call at (805) 500-7745 or complete our contact form today.

Is Taking My Child from My Ex Without Consent Considered Kidnapping?

Posted by William Aron | May 28, 2021

is taking my child from my ex without consent considered kidnapping

The word “kidnapping” typically emits scary thoughts and images, many of which have been brought about through movies, television shows, and even terrifying real-life news stories. When we think of a kidnapper, we often consider dangerous criminals who abduct children and hold them captive. However, not all kidnappers are strangers lurking in the dark. In fact, it’s not unusual for parents to kidnap their own children without even realizing it, leading to what’s referred to as a “parental abduction” or “parental kidnapping.” In fact, in 49 percent of kidnapping cases, the accused is related to the victim. 

The most common root cause of parental kidnapping occurs when parents who no longer have legal custody of their child intentionally take that child from their partner. While this may not seem like such a big deal—especially if you have good intentions—the law in California is unambiguous: If you withhold a child from their lawful custodian or legal guardian, it’s a crime, even if you’re the child’s biological parent.

What Defines Parental Kidnapping?

California Penal Code Section 278 states that a parent, family member, or any person without legal custody who takes or hides a child with intent to keep the child from their legal guardian is guilty of a crime. The statute also states that it’s also unlawful for one parent to deprive another of their custody right or deny visitation rights, which is known as “interference with child custody.” This means that it’s possible to be charged with parental abduction even if you have joint custody. Moreover, even if you’re granted sole custody, you may still be convicted.

To convict an individual of this crime, the prosecution must prove the following elements beyond a reasonable doubt:

  • You maliciously took, kept, enticed away, withheld, or concealed a child from their lawful custodian
  • You intended to conceal or detain the child from their lawful custodian
  • You didn’t have the right to custody of the child when you acted
  • The child was under the age of 18

It’s important to note that there’s an exception to the rule if you have a reasonable belief that your partner is likely to inflict immediate bodily injury or emotional harm to the child. In this case, you can’t be convicted of a violation of PC 278.5 as long as you report to the District Attorney’s (DA) Office that you took the child, inform the DA of the child’s up-to-date contact information, and file for custody consistent with the Parental Kidnapping Prevention Act and Uniform Child Custody Jurisdiction Act.

How May a Defense Attorney Help If You’re Facing Parental Abduction or Kidnapping Charges?

Defense attorneys use varying strategies to oppose charges under PC 278. These include showing the following:

  • The defendant had legal custody of the child
  • The defendant didn’t act maliciously
  • The accused took the child from a person who was not the child’s legal custodian

Your lawyer may also be able to show that you’re the victim of false accusations.

Can You Travel Abroad with Your Child?

Even if you share parental responsibility with your ex and don’t have child arrangements or restrictions, it’s important to note that you still can’t go abroad with the child without their consent. If you’re found to have done so, you may be charged with international parental kidnapping. If your co-parent can’t give you written permission, you may apply to the court to permit you instead. Make sure to submit the application months before the scheduled travel date, as it may take some time to be granted.

Contact an Experienced Kidnapping Defense Lawyer at The Aron Law Firm

No matter your intentions, there are serious penalties in California for taking or hiding your child from their legal guardian. To discuss defense strategies with one of our Santa Barbara criminal defense lawyers, contact the Aron Law Firm today. Our seasoned attorneys are committed to protecting your rights by investigating your case in detail and building a strong defense. Our legal team is well-versed in California kidnapping defense laws and may help you avoid the consequences that stem from this accusation. 

At the Aron Law Firm, we have experience helping clients with a variety of criminal charges. We want to make the legal process as straightforward as possible. To speak with a seasoned criminal defense attorney, schedule a consultation by calling (805) 500-7745 or completing our online contact form today.

Steps to Take if You’re Wrongly Accused of a Sex Crime in CA

Posted by William Aron | May 23, 2021

what to do if you're falsely accused of rape

Accusations of rape and sexual misconduct are taken seriously in California, and the repercussions following a conviction are comparatively severe. Assault has many physical, emotional, and psychological implications that may last a lifetime, and the assailant should face the appropriate statutory consequences as a result of their wrongdoing. However, when these types of accusations are false, it’s natural for the innocent defendant to feel an incredible sense of frustration. After all, the negative stigma attached to sexual assault charges may quickly destroy reputations while tearing apart families and livelihoods.

With so much on the line personally and professionally after a false accusation, it’s vital that you find an experienced Santa Barbara criminal defense lawyer who may be able to represent you and protect your interests. Whether the accusation was made from misidentification or malicious intent, don’t risk your future. Instead get help from a legal professional who specializes in fighting for the rights of those charged with sex-related crimes. Likewise, there are a few additional steps to keep in mind after contacting a lawyer.

5 Steps to Take After a False Accusation of Rape or Sexual Assault in California

If you’ve been charged with any kind of sex crime in California, you should be prepared to act quickly to build your defense. Consider the following steps:

Hire a Sex Crimes Lawyer

Before you do anything else, it’s vital that you hire an experienced Santa Barbara criminal defense lawyer as soon as possible after the accusation. You’ll want to do so before you talk to the police, if possible. If law enforcement contacts you before you have legal representation, note that you have the right not to speak under the Fifth Amendment. Your lawyer will diligently develop a strong pre-file defense argument to delay or dissuade prosecutors from filing charges.

Avoid Speaking to Others Involved in the Case

It’s important to play it safe and avoid discussing the case with any involved party, especially the person accusing you of rape or sexual assault. Indulging in the emotions associated with a false accusation—which may include anger and confusion—may create legal dilemmas if you attempt to confront your accuser. Likewise, stay off social media until your case has been safely resolved.

Write Down the Sequence of Events

While the events are fresh in your mind, it’s crucial that you create a detailed account of events that transpired and write them down for your attorney. The longer you hesitate, the less detailed your memories will be. By noting precisely what occurred as soon as the allegation is made, you have a better chance of remembering something that may discredit the allegations against you.

Gather Evidence

Gathering and preserving any evidence relating to the alleged victim and the incident is crucial, as is collecting any documents that could play a role in the case, such as letters, text messages, emails, GPS records, or anything else that might show where you were at the time of the alleged incident. Of course, your lawyer will help you take charge of this step.

Find Witnesses

Make a list of possible witnesses. This could be any person you think has information about the incident, the accusations, or the alleged victim. Once you do so, your attorney may be able to help you obtain their contact information.

Contact an Experienced Sex Crimes Defense Lawyer at The Aron Law Firm

For questions about the ramifications of your sex crime under California Law or to discuss defense strategies with one of our Santa Barbara criminal defense lawyers, contact the Aron Law Firm today. Our experienced attorneys are committed to protecting your rights by investigating your case in detail and building a robust defense. Our legal team is well versed in sex crimes defense law and may help you avoid the consequences that stem from this false accusation. 

At the Aron Law Firm, we have experience helping clients with a variety of criminal charges. We take a client-centered approach to make the legal process as straightforward as possible. To speak with a seasoned criminal defense attorney, schedule a consultation by calling (805) 500-7745 or completing our online contact form today.

When Can Police Search My Car without Permission in California?

Posted by William Aron | May 10, 2021

when can police search my car without permissions

There’s often great debate about whether or not police are legally allowed to search your car, and if so, exactly what circumstances warrant it. While you may think you’re safe from a vehicle investigation as long as the police don’t have a warrant, the laws surrounding this issue are confusing and sometimes ambiguous. In fact, it’s not as uncommon as you might think for police to search a vehicle without a warrant, as there are several exceptions and loopholes that allow officers to do so.

Generally, the Fourth Amendment’s safeguard against unlawful search and seizure makes random police car searches illegal. If you’ve been the subject of one of these searches and think your rights have been violated, it’s essential that you get in touch with a Santa Barbara criminal defense lawyer as soon as possible. Police searches are a serious matter, and your attorney may be able to review the evidence in your case and help you determine whether to file a motion to suppress illegally obtained evidence.

Examining When the Police May Search Your Vehicle Without a Warrant

It’s first important to note that the police always have the right to search a vehicle if they have a lawful search warrant. A warrant is valid if it’s signed by a judge, based on probable cause, and specifically describes the vehicle being searched. Absent a warrant, however, you may wonder when the police are allowed to search your vehicle. Consider the following exceptions:

You Grant the Police Permission

If an officer doesn’t have a warrant, they may ask for your permission to search the vehicle. If you provide consent to a search without a warrant, anything found or recovered from within the vehicle may be used as evidence in court and may be used against you. Note that consent is only valid if given freely. It’s illegal for the police to force or coerce a driver to consent in any way.

The Police Have Probable Cause

Although a car is still an individual’s personal property, vehicles aren’t as protected against searches as a home would be. Within the search warrant requirement, there’s an automobile exception that permits authorities to search a person’s vehicle if they have probable cause to do so. Probable cause is established when the police find enough evidence that a reasonable person would believe a crime has been, is being, or will be committed.

You’re Arrested or Your Vehicle is Impounded

If the police arrest you, they may also search your vehicle. This is called a “search incident to arrest.” Likewise, the police may search your vehicle if it’s impounded, which is called an inventory search. Anything inside the vehicle may be inventoried and used against you in court.

Something Illegal is in Plain View

Even if the police stop a person for a broken taillight, they have the right to seize an item and make an arrest if there’s illegal contraband in plain view. For instance, if a bag of cocaine is sitting visibly in the passenger seat, the police have the right to a more invasive search. Likewise, plain view includes plain smell. So, if an officer gets a whiff of marijuana or alcohol when you roll down the window, you may expect an extended stop.

What’s Classified as Probable Cause for a Vehicle Search?

Authorities have the right to search a vehicle if they have probable cause that there’s evidence of a crime in the vehicle. Probable cause means that the police know specific facts, and these facts would justify the issuance of a warrant to search the car. For instance, probable cause may be based on reliable information that the car contains evidence of a crime, facts that the police personally observe or smell, and suspicious acts by the driver of the car or any passengers in the car.

Contact an Experienced Criminal Defense Lawyer at The Aron Law Firm

Defeating an improper search is often complicated, and failing to do so may mean jail time, fines, or other serious consequences. Fortunately, help is right around the corner. If you’ve been stopped by the police and have questions about your rights or need a defense strategy, contact the Santa Barbara criminal defense lawyers at Aron Law Firm today. Our legal team is well-versed in California search warrant defense laws and may help you avoid the consequences that stem from a conviction.

At the Aron Law Firm, we have experience helping clients with a variety of criminal charges. We want to make the legal process as straightforward as possible. To speak with an experienced criminal defense attorney, schedule a consultation by calling (805) 500-7745 or completing our online contact form today.

Can I Fail a DUI Sobriety Test If I’m Sober?

Posted by William Aron | Apr 26, 2021

Can I Fail a DUI Sobriety Test If I’m Sober?

If a police officer suspects that you’re driving over California’s legal limit for blood alcohol concentration, they have the right to detain you for questioning, search for evidence, and make a DUI arrest. In many cases, the officer may seek to confirm their suspicions by utilizing roadside evaluations like field sobriety tests or breathalyzer tests. The field sobriety assessments you might encounter in California include the horizontal gaze nystagmus (HGN) test, walk-and-turn test, and one-leg stand test. During these investigations, the officer pays close attention to your performance with the idea of placing a pass or fail grade.

In general, a field sobriety test is used as an element to determine whether you’ve been drinking and driving. However, it is not uncommon for a person to be completely sober and still fail a field sobriety test as a result of confounding factors.

Why Sober Drivers Sometimes Fail Field Sobriety Tests

An arrest for a crime you didn’t commit may be your worst fear. Unfortunately, by submitting to a field sobriety test, this worry may become a reality given that field sobriety tests are often unreliable and insufficient gauges of a person’s sobriety. Although the officer isn’t likely to mention it, these tests are also entirely voluntary in the State of California. Given the reality of these tests, submitting to one might be a mistake.

Here are a few reasons why sober people sometimes fail these tests:

The Test Is Subjective

These tests have no scientific basis and are subject only to an officer’s judgment, which is often biased if they want to gather evidence that may lead to a DUI conviction. This means you may “pass” with one officer but “fail” with another. In fact, research shows that officers are substantially more likely to overestimate a person’s BAC based on the results of these tests.

You Have a Medical Condition

It’s not always easy to communicate your medical history to a police officer, especially if you’re anxious and the officer is determined to find evidence to lead to an arrest. However, if you have a medical condition that interferes with your balance or eyesight, you may not be able to pass a field sobriety test, especially the walk-and-turn and the one-leg stand. Medical conditions that could lead to some difficulty with field sobriety tests include vertigo, inner ear conditions, or muscle tremors.

You Suffer from Anxiety

Being pulled over by law enforcement for any crime, let alone something as severe as DUI, may be an extremely stressful and anxiety-inducing circumstance for just about anyone. This pressure may only intensify if you’re innocent. If you are nervous or shaky, it is not uncommon to fail a field sobriety test. Likewise, the officer in charge of the tests may misinterpret your jitters as intoxication.

You’re Fatigued

For the same reason you may fail a field sobriety test because you have a condition, field sobriety tests may be difficult because you are exhausted. If you are in this state, you probably should not have been driving in the first place, but you certainly shouldn’t be penalized for driving under the influence as a result.

If your body is weakened, any physical test may be difficult. Likewise, even if you aren’t sleepy, your body might be stiff and weary from sitting in one place for an extended period of time, such as the driver’s seat. If this is the case, you may find that your legs are not working the way they usually do, jeopardizing the results of the tests.

There are many additional reasons why an individual who has not been drinking might fail these tests, including illness, uneven pavement, or confusing instructions. Fortunately, if you think your rights have been infringed upon while performing a sobriety test, the knowledgeable lawyers at the Aron Law Firm may be able to protect you from the penalties associated with a conviction.

Contact an Experienced Criminal Defense Lawyer at the Aron Law Firm Today

If you’ve been arrested for driving under the influence in California based on a failed field sobriety test—especially if you were sober at the time of the arrest—it’s crucial that you get in touch with an experienced DUI defense lawyer as soon as possible. Fortunately, the California criminal defense lawyers at the Aron Law Firm may be able to help. Our experienced attorneys are dedicated to protecting your rights by investigating your case and putting together a strategic defense. With the right legal team on your side, you may be able to avoid the consequences that stem from this offense.

At the Aron Law Firm, we have experience helping clients fight an assortment of criminal charges, including driving under the influence. Our seasoned legal team is with you every step of the way. To speak with a DUI defense attorney, schedule a consultation by calling (805) 500-7745 or completing our online contact form today.

How Can I Get Off Probation Early in California?

Posted by William Aron | Apr 15, 2021

How Can I Get Off Probation Early in California?

Did you know that probation is the most widely used form of correctional supervision in California? Probation is a court-ordered sanction that allows an individual to remain in the community under a probation officer’s supervision. Probation is one of four forms of correctional supervision—the other three being prison, jail, and parole. Typically, courts impose probation sentences only in certain circumstances and with specific terms and conditions that a defendant must follow.

Probation and its conditions may severely reduce your ability to find employment, travel, or live a normal life without fear of violating a condition that may send you to prison or jail. Fortunately, you may be able to get off probation early in California if you secure the help of an experienced Santa Barbara criminal defense lawyer and follow the proper steps. By satisfying all terms on your probation, filing for early termination, and arguing at a hearing why probation is hurting your path to recovery, you may be able to obtain what is formally known as “early termination of probation.”

3 Steps to End Probation Early in California

If you’re currently on probation in California and eager to put the past behind you, a criminal defense lawyer may be able to motion the court under California Penal Code 1203.3 to have your probation finalized early and, in most situations, file a simultaneous petition under California Penal Code 1203.4 to expunge the underlying conviction. Before you may do so, however, you must first fulfill the following steps:

Satisfy All Terms of Your Probation

The first step to getting off probation early in California is demonstrating to the judge that you’ve completed the terms of your probation, such as fines, classes, or restitution. All that should be left is the time you have left on probation.

File for Early Termination of Probation under Penal Code Section 1203.3

In the motion for early termination, your lawyer may include why early termination should be granted. Ultimately, you need to prove to a judge that there are circumstances that justify early termination of probation, which may include the fact that your probation prevents you from securing gainful employment, keeps you from advancing at work, or restricts necessary travel.

You also need to demonstrate in the motion that you have paid restitution, have not re-offended, and have finalized any court-ordered programs such as alcohol or drug education. In your filing, consider including letters of support from family members, friends, co-workers, volunteer organizations, employers, coaches, and faith groups. This may help further demonstrate why probation is hurting your recovery.

Argue Your Side at a Hearing

At the hearing, your lawyer may ask the judge to grant your motion for early termination by explaining that your “good conduct and reform” justify the request and that terminating your probation would best serve the interests of justice. Depending on the severity of your offense, you may not have to physically attend the hearing. Your attorney typically knows in advance if the prosecutor may oppose the motion. If so, your attendance is usually necessary.

What Are the Benefits of Securing Early Termination of Probation in California?

There are many advantages to getting off probation early in California. One such benefit is that the earlier you conclude your probation, the earlier you may expunge your criminal record. Once you attain an expungement, you’ll be able to look for a job without having the conviction held against you by potential employers.

Likewise, securing early termination of probation eliminates the risk that you could be charged with a probation infraction. If you’re arrested for any crime while on probation, the court may sentence you to prison or jail for violating your probation—regardless of whether you’re even convicted of the new crime.

Contact an Experienced Criminal Defense Lawyer at the Aron Law Firm Today

If you are on probation for a criminal offense and are interested in terminating probation early, get in touch with the California criminal defense lawyers at the Aron Law Firm as soon as possible. Our knowledgeable attorneys are committed to protecting your rights by investigating the circumstances of your case and producing a strong defense strategy. With the right legal team on your side, you may be able to successfully argue for early termination, expunge your criminal record, and return to the normal life you once enjoyed.

At the Aron Law Firm, we have experience safeguarding clients from an assortment of criminal charges. Our well-versed legal team recognizes the intricacies often involved in California probation cases and stays with you throughout the legal process. To speak with a Santa Barbara criminal defense attorney, schedule a consultation by calling (805) 500-7745 or completing our online contact form today.

Know Your Rights at a DUI Traffic Stop in California

Posted by William Aron | Apr 5, 2021

A traffic stop is one of the most frequent encounters between citizens and police. Usually, law enforcement pulls a vehicle over if they have reason to believe that some offense has occurred. While you may have assumptions about this process, you should understand your rights and responsibilities regarding interactions with the police. Ultimately, when a police officer pulls you over for a traffic offense—especially if it’s a serious transgression like driving under the influence—what you do and say may affect legal proceedings that might follow.

If the police pull you over, you might feel anxious, irritated at the delay, or concerned about a possible citation. Whether the traffic stop ends in a moving violation or an arrest for DUI, your choices are critical. In any case, it’s important to remain calm and understand your rights.

Do You Have to Answer Questions Asked by Law Enforcement Officers in California?

After the police have pulled you over, you have the right to remain silent. In general, you may not be punished for refusing to answer questions from police officers. In fact, many lawyers advise you not to talk to the police without your lawyer present. Doing so may implicate you in a crime even without you realizing that you said anything wrong. However, there are a few exceptions to the rule:

  • You must provide your name to police officers if you’re stopped and told to identify yourself.
  • The officer may require you to show your vehicle registration, license, and proof of insurance.

You should never make any admissions regarding how you were driving, nor admit that you were speeding or that you committed a traffic violation. If you decide to fight or contest your ticket at a later date, admitting guilt may lessen your chances for a successful outcome.

On that same note, it’s advised that you not respond to entrapping questions like “Do you know why I stopped you?”, “Did you know you were weaving?”, “Did you know that you didn’t come to a complete stop?”, or “Did you know you violated the law?” You are safeguarded by the Fifth Amendment, and by not answering questions like these, you can protect yourself from a possible conviction.

Do You Have the Right to Refuse Chemical Testing in California?

California’s “implied consent” law requires all drivers lawfully arrested for a DUI to submit to chemical testing to determine blood alcohol concentration or the number of drugs in their system. You may refuse a test but could be fined, lose your license, and face jail time if you are convicted of DUI.

Breathalyzer tests may also be used. If you consent, you may be asked to blow into a machine, which analyzes your breath to determine the presence of alcohol and provides a reading known as BAC percentage. If you refuse, you may be arrested, and the officer may administer the necessary breath or blood test at the station.

Do You Have the Right to Refuse Field Sobriety Tests in California?

Yes. A law enforcement officer who suspects someone of drunk driving often seeks to confirm their suspicions using roadside tests, including field sobriety tests or breathalyzer tests.

The field sobriety tests you might encounter include the horizontal gaze nystagmus (HGN) test, walk-and-turn test, and one-leg stand test. As you’re completing the tests, the officer pays close attention to your performance with the idea of placing a pass or fail grade. Although the officer is not likely to mention it, these tests are entirely voluntary.

You Have the Right to a Lawyer. Contact Aron Law Firm Today

For questions about your rights during a DUI stop in California or to discuss your case with one of our California criminal defense lawyers, contact the Aron Law Firm today. Our expert attorneys are dedicated to protecting your rights by investigating your case and crafting a robust defense. With the right legal team on your side, you may be able to avoid the consequences that stem from this offense.

At the Aron Law Firm, we have experience helping clients fight a wide variety of criminal charges. Our seasoned legal team understands the ins and outs of California DUI defense law and stands at your side every step of the way. To speak with a DUI defense attorney, schedule a consultation by calling (805) 500-7745 or completing our online contact form today.

Is There a Distinction Between DUI and DWI in California?

Posted by William Aron | Mar 23, 2021

California drivers who have been arrested for DUI (or DWI) often ask about the difference between the two terms, which are often confused and mistakenly interchanged. Though the expressions are similar, there are slight legal differences that are important to discern. Both DUI and DWI refer to the illegal act of driving a vehicle while impaired by alcohol or drugs, but each term refers to a different theory of guilt that the prosecution follows in a resulting criminal case.

Federal law does not distinguish between the two offenses, as there is not a nationwide definition of either violation. Many states define and punish DUI and DWI offenses differently, and the two violations often refer to similar but separate driving behaviors. However, the State of California exclusively uses the term “DUI” to denote any offense in which the driver was impaired or under the influence of drugs or alcohol. Despite the different meanings of each term, either is grounds for potential conviction, and the penalties are the same either way.

Understanding the Differences between DUI and DWI

First and foremost, DUI stands for “driving under the influence,” while DWI refers to “driving while intoxicated.” While they may sound largely indistinguishable on the surface, some states classify them as separate crimes. California recognizes the difference between the terms, but all impaired driving charges are classified as “DUI” and carry the same penalties. Still, it may be helpful to understand the legal differences between each expression.

What Is DWI?

In states that classify DUI and DWI as distinct criminal charges, DWI is the more severe charge that carries harsher penalties. The difference lies in the higher burden of proof that’s required to show that a driver was definitely impaired (driving while intoxicated) than it does to merely show they had alcohol in their system (driving under the influence). 

If you are arrested for DUI in California, you may be convicted either because the court proves you had a high blood alcohol content (BAC) level or because the court shows other evidence that you were impaired. In either case, you may be convicted and face the same penalties no matter the different theory of guilt established.

What Is DUI?

A DUI offense occurs when someone drives with alcohol in their bloodstream. According to the California Department of Motor Vehicles, it is illegal for any person to operate a vehicle in the following circumstances:

  • If they’re 21 years or older: BAC of 0.08% or higher
  • If they’re under the age of 21: BAC of 0.05% or higher
  • If they’re on probation for DUI or DWI: BAC of 0.01% or higher (any age)
  • If they’re in a vehicle that requires a commercial driver license (CDL): BAC of 0.04% or higher

In most DUI cases involving alcohol, the defendant is charged with DUI if they were driving with a BAC of 0.08% or higher. This allows the prosecution to pursue two different theories of criminal liability. While the burden of proof for DWI is reached when the officer confirms the BAC with a breathalyzer or other test, the lower burden of proof for DUI arrests is reached almost completely based on the officer’s judgment. This may involve field sobriety tests or observations that demonstrate the driver noticeably swerving or affecting others’ safety on the road.

Remember that no matter the burden of proof that’s reached, both are labeled as a DUI in California and carry the same penalties.

Contact an Experienced DUI Defense Lawyer at Aron Law Firm

If you or a loved one is facing a DUI charge, speak with a trusted DUI defense attorney as soon as possible. The expert lawyers at Aron Law Firm are here to protect your rights by investigating your case in detail and working to build you a robust defense. We are well versed in DUI defense law and may help you avoid the consequences that stem from this offense.

At the Aron Law Firm, we understand and have experience protecting clients from a wide variety of criminal charges. To speak with a criminal defense attorney, schedule a consultation by giving us a call at (805) 500-7745 or completing our online contact form today.

Can I Still Get a DUI with a BAC below .08 in California?

Posted by William Aron | Mar 15, 2021

It’s relatively common knowledge that if you’re caught driving a vehicle while under the influence of a certain amount of alcohol, you may be charged with DUI. In California, the legal blood alcohol content (BAC) limit for most adult drivers is .08%, which is typically measured with a breathalyzer test. But what if you only consumed a drink or two? Is it still possible to get a DUI if you blow under the legal limit?

Yes, the short answer is that you may still get a DUI in California if your BAC is under the .08% limit. An individual is considered to be under the influence—regardless of BAC—anytime they are no longer able to drive as well as a prudent, sober person under similar circumstances. Likewise, the law imposes an even lower limit for commercial, taxi, limo, rideshare, and underage drivers.

When Might You Be Charged with DUI with a Legal BAC?

It’s a long-standing myth that if you blow below the legal limit on a breathalyzer test, even after you’ve had a few drinks, you cannot be arrested or charged with DUI. However, California law states that an individual may be found guilty of driving under the influence, even if their BAC is under the legal limit, as long as certain conditions are met. This includes the following:

You Were Too Impaired to Drive

In California, those arrested for DUI are typically charged with two different offenses: driving under the influence as stated in California Vehicle Code Section 23152(a) and driving with a BAC of .08% according to California Vehicle Code Section 23152(b). If a driver has a BAC of less than .08%, they may not be charged under California Vehicle Code Section 23152(b). However, charges still may be possible under California Vehicle Code Section 23152(a).

Primarily, a conviction may be substantiated if the prosecutor demonstrates that even though you were under the legal limit, you were too impaired by the alcohol in your system to be driving. Evidence presented may include a video of you swerving or driving hazardously from the dashcam, your appearance, your inability to perform field sobriety tests, and statements made at the traffic stop.

You’re a Commercial, Taxi, Limo, Rideshare, or Underage Driver

The law imposes an even lower limit for underage, rideshare, commercial, taxi, and limo drivers. Specifically, the limits are the following:

  • Adult drivers (non-commercial vehicles): .08%
  • Commercial drivers: .04%
  • Taxi, limo, and ride-sharing drivers: .04%
  • Underage drivers: .05%

Likewise, California state laws also set a .01% BAC limit for people who have previously pled guilty to or not contested a DUI charge and are still on probation. If it’s confirmed that you drove with a BAC of .01% or higher while on probation, your driver’s license may be automatically suspended for a year. 

It’s also important to note that the California DMV may not issue an administrative driver’s license suspension for drivers whose BAC is under the .08% threshold. Prosecutors, on the other hand, have more discretion to charge DUI offenses when a driver has a BAC under .08%.

Contact an Experienced DUI Defense Lawyer at Aron Law Firm

If you or a loved one is facing a DUI charge, speak with a trusted DUI defense attorney as soon as possible. The expert lawyers at Aron Law Firm are here to protect your rights by investigating your case in detail and working to build you a robust defense. We’re well versed in DUI defense law and may help you avoid the consequences that stem from this offense.

At Aron Law Firm, we have experience protecting clients from a wide variety of criminal charges. We take a client-centered approach that aims to make the legal process as painless as possible. To speak with a criminal defense attorney, schedule a consultation by calling (805) 500-7745 or completing our online contact form today.

Understanding Your Constitutional Right to Confront Your Accuser

Posted by William Aron | Mar 5, 2021

If you’re a criminal defendant who has been accused of a crime, you may face witness testimony as an element of evidence against you. This means that those who witnessed activities or heard information related to your case may take the stand and be asked to offer information that might be used to prove that you committed the crime in question. If this evidence is presented in a way that’s generally consistent with the court’s evidentiary rules, it is typically permitted in a criminal case. 

However, as the criminal defendant, you have the right to question these witnesses when they present their information to determine whether they are credible and truthful. This is generally called the “confrontation clause” and is outlined in the Sixth Amendment.

What Is the Confrontation Clause?

The Sixth Amendment provides rights for those accused of a crime. These privileges include the right of the accused “to be confronted with the witnesses against him.” This part of the amendment effectively means that someone accused of a crime may cross-examine any of the witnesses who testify at trial and applies to statements made in court and statements made outside of court that are offered as evidence during the trial.

For some time, this provision only applied to federal cases, as state governments didn’t have to abide by the Sixth Amendment’s restrictions. That all changed after the Fourteenth Amendment was passed in 1866, which subsequently made the right to confrontation applicable to both state and federal courts.

The right to be confronted by witness provides the accused with three specific protections:

  • The right of confrontation: This right allows the witnesses to face the accused and appear before them in court.
  • The right of cross-examination: This is often considered the most significant of the three protections and allows the accused to dispute the witness’s testimony during direct examination.
  • The right for testimony to be protected under perjury sanctions: This privilege assures legal sanctions if the witnesses’ accusations are false.

The confrontation clause is an important tool that criminal defendants may use to protect themselves from damaging witness testimony. However, it’s also an often complicated provision that requires defendants to carefully evaluate the possibility of future witness testimony and consider what out-of-court statements might be used against them at trial.

In-Court Testimony

After a witness presents their initial testimony on behalf of the prosecution, the defendant’s attorney may then ask questions to elicit other testimony from the witness. In addition, the attorney may cross-examine the witness to shed doubt on their testimony. However, the cross-examining attorney is usually only allowed to ask questions relevant to the facts alleged in the case or similar in scope to what the prosecution asked.

Out-of-Court Testimony

Hearsay is considered testimony from a witness under oath who is reciting a statement from outside the court. Generally, The Federal Rules of Evidence prohibit introducing hearsay statements during applicable federal court proceedings unless certain circumstances apply. Other out-of-court statements, which are not hearsay, are more easily admissible.

In any case, if the person making the statements doesn’t appear in court to testify, using such statements may constitute a confrontation clause violation.

Contact an Experienced Criminal Defense Lawyer at Aron Law Firm

For questions about your constitutional right to confront your accuser or to discuss your case with one of our California criminal defense lawyers, contact Aron Law Firm today. Our expert attorneys are dedicated to protecting your rights by investigating your case in detail, building a robust defense, and strategizing a tactical way to confront and cross-examine witnesses. Our legal team is well versed in California criminal defense laws and may help you avoid the consequences that stem from this offense.

At Aron Law Firm, we have experience protecting clients from a wide variety of criminal charges. We take a client-centered approach that aims to make the legal process as painless as possible. To speak with a criminal defense attorney, schedule a consultation by calling (805) 500-0483 or completing our online contact form today.