Rizio and Nelson California Law Blog

Child Support

Child support can be obtained in the case of divorce, legal separation, or annulment. Also, it can be ordered when parentage is established or when a restraining order is requested, due to domestic violence. The courts expect parents to uphold their obligation of providing their child with necessities such as living expenses – food, clothing, shelter – and medical care expenses. The parent that...

Cocaine Abuse

Introduced to European society centuries ago, cocaine abuse has been a dark shadow on the history of mankind and our development. In the late 1800’s, Coca-Cola was known to use cocaine as a flavour additive in their new carbonated beverage. Abuse and addiction are left in the drug’s wake, destroying those who have touched it. With an extremely high import rate into the U.S. and Canada,...

Medical Marijuana and Law

In recent years, the use of marijuana as a medical treatment option for people suffering chronic pain has been a common and heated debate across the world. Many studies have shown marijuana to work as a wonderful pain killer for people suffering from a wide variety of painful ailments. In 1996, California became the first state to legalize the use of marijuana as a medical treatment with Proposition...

White Collar Crimes - Embezzlement

The crime of embezzlement is something we often hear discussed through different media outlets. While these media outlets give us a general explanation of what embezzlement is, they do not explain what it means to be charged with this particular crime. Embezzlement is is defined under section 503 of the California Penal Code as “the fraudulent appropriation of property by a person to whom it...

Child Custody Laws

One of the things that makes divorce so very difficult is when there are children who will be affected by it for the rest of their lives. Deciding who has custody of the children is up to the judge if the parents cannot agree or are unable to make the decision. If the parents are able to agree on scheduled visitations and who has custody, then the judge will abide by their decision, but not until...

Process of Divorce

The process of Divorce or Dissolution of Marriage California’s “no fault divorce” policy basically means that a person can be granted a divorce by the state if one of the spouses finds that the marriage has broken down due to “irreconcilable differences”. Only one spouse has to initiate the process, even if the other spouse does not agree. There is a residency requirement. One of the...

Community Property

California is a state that applies “community property”, sometimes called “marital property”, laws. This means that any property acquired during the marriage belongs to both spouses. It does not matter if one spouse worked and one did not. The state divides the property equally between both parties if the marriage ends in divorce because it is assumed that they both contribute to the marriage...

Concealed Weapons Laws

Usually, California law forbids a person from carrying loaded guns on his or her person or in a motor vehicle while in a public place. California Penal Code §12025 clarifies the California laws regarding firearms. A person is guilty of carrying a concealed weapon when he or she: a) Carries a concealed weapon within any motor vehicle under his or her control or direction; b) Carries a concealed weapon...

Manslaughter Laws

Manslaughter is characterized as killing a person exclusive of premeditation or malice aforethought. The term “malice aforethought” indicates having a wicked intent preceding the killing. Like murder, there are different degrees of seriousness of manslaughter: voluntary and involuntary. A) Voluntary manslaughter is described as a killing upon a sudden fight or in the heat of passion. Voluntary...

Ignition Interlock Devices (IIDs) in California DUI Cases

In California, some DUI offenders are obligated to mount an ignition interlock device (IID) onto their automobile. An IID is a breath-testing mechanism about the size of a cell phone that is mounted into a vehicle’s steering column. The IID forces an individual to supply a sober breath sample prior to a car’s ignition being started.  A test result over .30 BAC will not crank the vehicle. ...