Rizio and Nelson California Law Blog

Extortion Laws in California

When the word “extortion” is mentioned, people may think of Italian men in dark suits carrying Gatlin guns and roaming neighborhoods, searching for business owners to fork over their cash for “protection”. Gone are the days when the mob could openly threaten anyone on the streets, including police, without fear. However, the crime of extortion is alive and well, only now the perpetrators may...

Grand Theft

Grand theft is theft of goods or services valued above $400. An individual accused of grand theft may be charged with either a felony or a misdemeanor. A felony grand theft is punishable by imprisonment in a state prison for a maximum sentence of 16 months to 3 years. As a misdemeanor, it is punishable for up to one year in the county jail. Grand theft can also be defined as theft of property taken...

Embezzlement Laws

Embezzlement is the taking of money and/or property in violation of a relationship of trust in order to put that money and/or property to one’s own use. In order to convict a person of embezzlement, there must be proof of a relationship of trust and/or confidence between the two persons, as well as proof of the intention to dispossess the other person of his or her property. For example, embezzlement...

Arrest for Driving under the Influence (DUI)

When police officers suspect a driver of operating a vehicle under the influence of alcohol, they conduct a sobriety test and  carefully observe the physical aspect of the driver.  In order for them to make an arrest, they must have probable cause.  Probable cause is determined by the results of their observations, which are also used by the prosecuting attorney. It is a scientifically proven fact...

Vehicular Homicide

Homicide in relation to a car accident is often called a Watson murder.  This is a result of a multiple DUI offender being charged with second-degree murder. Second-degree murder implies malice. California Penal Code Section 188 defines malice in relation to a vehicular homicide, as “Such malice may be express or implied. It is express when there is manifested a deliberate intention unlawfully...

Playground Dangers

We trust that when our children are playing with their friends at a local playground that they’re safe. Unfortunately this is not always the case. Defective equipment, equipment that is not properly taken care of and even equipment that is unusually hot may all be safety traps that unsuspecting parents are not aware of. While you’re encouraged to do all you can to protect your children...

Drug Cultivation & Possession

Did you know that having only one marijuana plant in your home can be considered a federal offense? Few people understand that even this minor amount of marijuana can be a serious problem. There are locations that can cause you additional problems if a plant is found there – such as near schools (most are designated drug free zones) which can result in mandatory jail time. Don’t risk freedom...

California Juvenile Offenses

Unfortunately teenagers don’t always make the right decision and in fact may find themselves facing a multitude of legal issues ranging from simple infractions which are fine-able offenses to far more serious juvenile crimes which are categorized as felonies. We all understand that children are not always wise about the choices they make and we understand the dangers to a child who is placed...

Grand Theft – Shoplifting

Shoplifting may be considered grand theft depending on the value of items that have been stolen. This is a crime that is very hard to defend since there are generally security tapes, witnesses or other evidence that is difficult to ignore. There is a significant difference however in how the charges are lodged. If a grand theft charge is defended properly it can be reduced to a misdemeanor instead...