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San Francisco Criminal Defense Blog

What crimes and conditions prohibit gun ownership in California?

If you receive certain types of criminal convictions in California, you may have concerns about whether you will be able to retain ownership of your guns. There are many criminal convictions and other circumstances that make it unlawful to possess a firearm within the state, and if you receive or meet one or more of them, you may indeed have your gun rights stripped away.

Criminal convictions that prohibit gun ownership

3 important facts about recreational marijuana in California

Marijuana is legal for recreational use in California, but there are certain restrictions. Proposition 64 is 62 pages long with a lot of details. You cannot simply smoke marijuana anywhere at any age in California and get away with it. While California might seem relaxed and accepting about marijuana, you still need to be aware of the details. 

If you are not careful, you could still face criminal charges for using marijuana. Here are some important things you should know about legal pot in California. 

Things to know after a bar fight

San Francisco is densely populated with bars. According to data collected by The Huffington Post, there are approximately six bars for every 10,000 households in the city, making it one of the most bar-filled cities in the country. The area may have a reputation for peace and harmony, but it does not make it exempt from the occasional fight breaking out. 

Bar fights may not seem like a dangerous occurrence. However, they can come with serious consequences. Regardless of what side of the fight a person is on, certain actions are beneficial following a brawl. 

3 types of marijuana crimes you should keep in mind

California was the first state to legalize medical marijuana in 1996. A full two decades later, in 2016, its recreational use was legalized. Things have certainly evolved in the time since, and though cannabis is now legal, some law enforcement has continued to crack down on infractions related to the drug. If you want to responsibly enjoy marijuana, it is a good idea to be aware of the crimes that it could be associated with.

Driving under the influence

3 common criticisms of shaken baby syndrome

News outlets love to sensationalize stories of child abuse and other scandals befalling the otherwise seemingly perfect lives of suspects. The contrast between the appearance of a loving home and the gruesome details of a crime are a winning combination to garner views. One piece of evidence commonly cited in cases involving child abuse, though, is particularly controversial.

Shaken baby syndrome is a form of brain injury that results — as the name suggests — from violently shaking an infant. It is a diagnosis that often accompanies child abuse charges leveraged against parents or caretakers. According to Fox News, however, many critics are emerging to question the diagnosis.

3 marijuana crimes remain common despite legalization

California was the first state to legalize medical marijuana in 1996. A full two decades later, in 2016, its recreational use was legalized. Things have certainly evolved in the time since, and though cannabis is now legal, some law enforcement has continued to crack down on infractions related to the drug. If you want to responsibly enjoy marijuana, it is a good idea to be aware of the crimes that it could be associated with.

Driving under the influence

Many people when considering the risk of a DUI immediately think of alcohol. Unfortunately, this is not the only substance that can cause impaired driving. Prescription drugs and marijuana can, too, and the latter of which has been a particularly problematic issue on the road. Collisions involving the drug have multiplied in the years since its legalization, so it is important to make sure you are not under that influence when you get behind the wheel. 

The legal consequences of getting into a bar fight in California

Television shows and movies may make it appear as if bar fights come with no consequences (unless you are the one who loses), yet that is not reflective of reality. Bar fights in California bring penalties upon you whether or not you were the one to start the brawl.

If you are involved in a bar fight, you will face charges. The best thing you can do to avoid or minimize the following legal ramifications is hire a criminal defense attorney.

How criminal charges can affect your California medical license

Criminal charges can be difficult to face for anyone. California physicians face the additional threat of complications for their medical licenses. Even seemingly minor charges can cause serious problems, so if you find yourself facing criminal prosecution, you should not underestimate your situation.

California physicians must report relevant felony and misdemeanor convictions to the state's Medical Board. In this context, the words "relevant" and "conviction" may include far more than many people might expect. Always consult an attorney rather than deciding you do not need to report a particular conviction, as failure to report when required can result in increased penalties.

Quick guide to California marijuana laws

If you live in California, you might be confused or have misconceptions about the laws surrounding possession and use of marijuana. Failing to understand the specifics of California marijuana laws could result in a criminal charge or another penalty. Due to significant updates in the laws in recent years along with continued limitations, here is what you need to know to clear up confusion:

Can I lose my property if I am charged with a drug crime?

Asset forfeiture, also sometimes called civil forfeiture, is one of the many potential penalties that can result from getting charged with a drug crime. This means that your assets can be taken away if law enforcement officers claim that they were somehow involved in your drug crime.

What is forfeiture?

One of the major problems with fighting a forfeiture proceeding is that, unlike the actual drug charges, it is a civil case. It is also, technically, a case against your property, not against you. One important consequence is that, while criminal defendants are constitutionally entitled to a public defender, their property is not. Further, the burden of proof in a forfeiture case is far lower than in a criminal case, which means prosecutors will have to work less to prove their claims that your property was involved in drug crimes. Generally, forfeiture can happen even if you are not actually convicted of the drug crime that gave rise to the whole matter; recent changes in California law do require a conviction for forfeiture of an asset worth less than $40,000, a vehicle or real estate.

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