Law Office of Gilbert B. Vega
Experienced Criminal Defense For Sacramento And Northern California
Call Today 916-426-2304

Sacramento Legal Blog

Prescription drug crimes can carry serious consequences

When many people think of illicit drugs, they think of street drugs like heroin, methamphetamine or even marijuana. However, the impact of another category of drugs has been affecting our Sacramento communities. These drugs are what's known as prescription drugs, oftentimes opioids or painkillers. While abusing prescription pills can carry dangers for a person's health, they can also carry serious penalties with the law.

By nature, prescription pills require a prescription, meaning a doctor or other licensed medical professional must have written a valid prescription for the pills one is recommended to take. If a person is found in possession of or is using prescription pills without a prescription, it could result in drug charges. There could be particularly severe penalties for those accused of intent to distribute prescription pills. With opioid addiction and abuse on the rise, Sacramento police are on the look out for these behaviors.

Invoking your right to remain silent: It's not like in the movies

You may have a difficult time finding someone here in California who hasn't watched a movie or television show in which a person under arrest hears his or her Miranda rights. The words, "you have the right to remain silent" probably conjure pictures in your mind of someone being led off to a police car in handcuffs from your favorite movie or TV show.

The suspect then simply says that he or she wants an attorney and all questioning by police stops. In reality, invoking your right to remain silent is not quite that simple. Hopefully, you will never need to know how to properly assert your right to remain silent, but should the need arise, you may want to know.

Law applies to Denver Broncos owner's son, accused of DUI in CA

No one is above the law. In theory, this is how the law should work, those living in an area should have to abide by the area's rules and regulations. Sometimes, regular Joes may think that they are the only ones who are required to obey the laws, however, that's not necessarily true. The son of the Denver Broncos owner was recently pulled over and charged with DUI during a traffic stop.

While the man resides in Colorado, he was passing through California when he was allegedly clocked at driving more than 100 MPH on California's Highway 101. Since he was speeding and weaving, Highway Patrol commented on the charges that when the man was pulled over, he explicitly mentioned to law enforcement that he was Pat Bowlen's son. However, that does not impact whether or not the man suspected of DUI is innocent or guilty of this crime and officials pressed on with their investigation of the vehicle.

DWI/DUI checkpoints are legal in California

In the last decade or so, there has been a real increase in California patrols searching for intoxicated drivers. It's all in an effort to save lives and keep intoxicated drivers from being a danger to themselves or others. While their efforts may be justified, it still can be a serious situation when a Sacramento driver is charged with DUI/DWI. For those charged after a DWI checkpoint, you may be wondering if these checkpoints are even legal?

The answer to this question is yes. For those who live in California, checkpoints are a legal way for officers to locate and apprehend impaired drivers who are suspected of DWI. Legality of checkpoints are determined by state law, so there are some states that do not recognized DWI checkpoints as legal. However, for Sacramento residents that are apprehended by a DWI/DUI checkpoint, the means by which the person is apprehended are generally within the law.

Three tests used to measure the alcohol in your blood

You probably know your limits, and if you are attending a party or an evening out with friends, you are likely careful to pace yourself and stop drinking well before you get behind the wheel of a car. Nevertheless, police pulled you over, and you were shocked when you blew .08 on the breath test. Now you are facing an uncertain future.

You may be relieved to learn that the breath test used to initiate your arrest may not be as foolproof as police would like you to believe. The truth is that breath tests administered in the field are susceptible to errors for many reasons. In fact, any test of your blood alcohol concentration may have flaws.

Building a solid criminal defense against assault charges

Sometimes life throws you a curveball. When it does, you have two options, stand and fight or cower and flee. Which option you choose is up to you, but there is a right way and a wrong way to approach certain legal situations. When accused of a crime in Sacramento related to assault charges, there is a way to build a solid criminal defense.

A good criminal defense can do a couple of things. First, it can help to prove a person's innocence when they have been falsely accused. Second, it can help to explain and mitigating circumstances that may have surrounded a criminal charge, such as assault. Third, it can help procure a plea agreement that results in a lesser charge and a lesser punishment.

Were you impacted by Sacramento's 4th of July DUI enforcement?

Who doesn't love a holiday weekend? Friends, family and fireworks are often on the agenda over the 4th of July weekend. One thing isn't on the agenda, and that's drunk driving charges. If you or a loved one was arrested on DUI charges over the holiday weekend, read on.

Prior to the holiday, the Sacramento police department announced a statewide "maximum enforcement" period aimed at seeking and charging intoxicated drivers over the holiday weekend. The numbers have yet to be released as to the number of drivers apprehended over the holiday weekend. However, there's no doubt that some Sacramento drivers were charged with DUI when they were stopped on suspicion of driving with a blood alcohol concentration above the California legal limit. DUI charges are simply the accusation of a crime, not the final outcome of the charge.

How reliable is the evidence against you?

There is no question that certain pieces of evidence can convince the most objective juries. Handwriting analyses, ballistics reports or DNA samples sound like science to many laypeople, and a prosecuting attorney or expert witness may go out of his or her way to convince the jurors that such evidence is irrefutable.

You may be facing criminal charges that resulted from forensic evidence police and investigators obtained at the scene of a crime. In the face of that evidence, prosecutors may have warned you that your case is all but closed. Nevertheless, some evidence is not as factual as it seems.

A short history how the Miranda Rights got their name

Although you may not know what exactly the Miranda Rights are, more likely than not you have heard the actual rights, if not in person, at least on television or in movies. You may be asking, what exactly are the Miranda Rights and how are they used during an arrest?

The Miranda Rights are as follows: You have the right to remain silent. Anything you say can, and will, be used against you in a court of law. You have the right to an attorney. If you cannot afford one, one will be appointed to you. Probably sounds familiar, right? Here is how the rights got their name, and why they are important to anyone who is under arrest.

It's possible to reduce charges related to drug offenses

Everyone makes mistakes sometimes. Sometimes it is very easy to get caught up in something that isn't necessarily good for us and it can result in legal trouble. It's happened to many Sacramento residents when they are accused of drug crimes or related offenses. Many accused of drug crimes aren't familiar with the legal process or what could result with being charged with misdemeanor or felony drug offenses.

The circumstances surrounding individuals accused of drug crimes can vary widely and can have a big impact on how a person defends themselves against drug charges. However, it is possible for those accused of drug crimes to seek reduced charges. Reduced charges can happen when a person is accused of a more serious drug crime and one seeks to reduce the possible punishment by seeking lessor charges for drug offenses. While it is always great to be exonerated for a drug-related charge, it can be a beneficial situation to be accused of a less serious crime as well.

Contact

Law Office of Gilbert B. Vega
1600 Sacramento Inn Way
Suite 216
Sacramento, CA 95815

Fax: 530-434-6989
Map & Directions

Review Us