Tag Archives: Criminal Defense Attorney

Restrictions on State Agencies From Utilizing Convictions and False Statements

Effective July 1, 2020, AB 2138 becomes operative as law in California (approved and signed by the Governor 9/30/18), as follows: Under current law, the licensing and regulation of various professionals and occupations fall within the Department of Consumer Affairs. These state agencies are empowered to take disciplinary action against a licensee, including to deny … Read More

DISCLOSURE OF CONVICTIONS TO EMPLOYERS

Effective January, 1, 2018, employers in California with five or more employees cannot make employment decisions regarding convictions unless first performing an individualized assessment. The Assessment entails consideration of: [1] the underlying facts of the crime as they relate to the nature and seriousness of the conviction; [2] the period of time that has elapsed since the crime … Read More

WHAT TO DO IF YOU GET PULLED OVER?

Knowing what to do in the event you get pulled over is very important. However, it is equally important to know the reasons for getting stopped by a law enforcement officer so as to avoid being pulled over in the first place. Here are a few of the top reasons: Speeding. Clearly, driving above the … Read More

Appeals Court Upholds California Death Penalty

On November 12, 2015, the United States 9th Circuit Court of Appeals upheld the constitutionality of the California Death Penalty and in so doing reversed the ruling by the US District Court that decided under the 8th Amendment it was unconstitutional as cruel and unusual punishment because of lengthy and unpredictable delays. The California Attorney … Read More

Should law Enforcement Be Permitted to Stop and Search on the Basis of an Anonymous Tip of Reckless Driving?

In the U.S. Supreme Court case of PRADO NAVARETTE et al. v. CALIFORNIA, 12-9490 (April 22, 2014), the Court held the Fourth Amendment to the U.S. Constitution was not violated and, therefore, the traffic stop by a CHP law enforcement in which the officer searched the bed of a pickup truck and found about thirty … Read More

“Buckets of Money” creator faces charges

Ray Lucia Sr., the creator of the retirement strategy called “Buckets of Money,” was charged by a judge with knowingly and fraudulently misleading potential investors. Lucia has promoted his investment plan for years, both in books and on his San Diego-based financial show. However, he claimed that he performed backtests, which are methodical calculations. But … Read More

Feds raid 17 Calif. auto stores for nitrous oxide

Several Southern California auto shops and other businesses suspected of illegally selling nitrous oxide for recreational use were raided by hundreds of law enforcement officers on Friday. This drug raid has been considered the largest of its kind in the nation. During 17 simultaneous raids conducted in Orange County, Los Angeles, and Riverside County, four … Read More

O.C. swim coach banned for life; other coach resigns

A Mission Viejo swimming coach has been banned for life by swimming’s national governing body after he admitted to having inappropriate conduct with a female teenage swimmer. According to the report, the coach became involved with a 15-year-old when he was 28-years-old and developed a long-term sexual relationship with the teen girl. In a separate … Read More

Suspect accused of killing California doctor was a patient with an appointment (Sam Spital)

COMMENTARY BY SAM SPITAL, Criminal Defense Lawyer, San Diego: “The Fox.com news reported on January 30, 2013 that a 52 year old Newport Beach Urologist, Dr. Ronald Gilbert, was shot and killed by a 75 year old patient who had a scheduled appointment and brought a handgun with him into the exam room and fired … Read More

Officers Fatally Shoot Pursuit Suspect-The suspect driver allegedly accelerated toward the officers at a dead end (Sam Spital)

Commentary by Sam Spital, Criminal Lawyer- San Diego: “NBC Channel 39 in its electronic news on January 12, 2012 reported an officer had shot an assailant at about 1:15 a.m. when there was a pursuit of a vehicle driving at an excessive speed that in spite of the police siren and red lights flashing eventually … Read More