Rizio and Nelson California Law Blog

Child Enticement

Unfortunately, child enticement has a vague definition, and it is possible that this charge will be rendered against a person who actually had no criminal intent. Fortunately, the prosecution has the burden to prove intent to harm the child. Child enticement is generally defined as attempting to lure or persuade any child to enter, stay, or leave any building, vehicle or place with the use of force...

Child Pornography Charges

Simply receiving an email that depicts an actual (or simulated) sexual act by an individual under the age of 18 could result in your being charged under the California Child Pornography laws. Additionally, both state and federal laws are dictated that make it a crime to produce, distribute, or sell materials that exploit or even portray a minor child. In spite of the fact that the material may not...

Prison Reform in California

This is a very exciting time for change and new hope for California’s inflated prison population. According to the Department of Corrections website, there are many changes being made to the system to better serve inmates’ needs, thereby reducing the recidivism rate. They include: Adult education, vocation, and drug addiction programs, including a prison-to-employment program and an...

California Court Processes

At Rizio and Nelson we understand that the court process is a frightening one if you don’t understand it. We will walk you through the entire process to ensure that you don’t have the additional burden of trying to figure it out yourself. Misdemeanor Court Process Pre-Trial Arraignment The arraignment is the defendant’s first court hearing after his or her arrest and booking. This...

How can someone be convicted of Prescription Fraud?

The California criminal jury instructions (CALJIC) outlines the elements required to convict a person for prescription forgery. CALJIC 12.05 states that: “In order to prove this crime, each of the following elements must be proved: 1. A person forged/altered/issued/uttered a form for the prescription of drugs; and 2. As forged/altered issued/uttered the prescription was for [a narcotic drug]. Alternatively, 1....

What is prescription forging?

Prescription forging is against the law. By definition, it is the illegal acquisition of pharmaceuticals for personal use or profit. Prescription fraud is committed in many ways, including but not limited to visiting multiple doctors to receive multiple prescriptions, and forging the prescription to increase the quantity. The biggest factor driving prescription fraud is increased abuse and addiction...

About Prescription Drug Abuse

Approximately 20% of Americans (according to The National Institute on Drug Abuse report) have used prescription drugs for non-medical purposes at some point in their lives. With the increased availability of prescription drugs over the internet, and the surprising increase in senior citizen trafficking of prescription drugs, combined with the high incidence of overdoses by users of illegally obtained...

Date Rape

All too often, charges of rape are lacking in material witnesses and/or physical evidence. Many cases of date rape are even spouses of the defendant being charged. It is essential to the proper preparation of your defense that we are able to conduct thorough pre-trial investigation work including criminal history, psychological profiles, potential motives, and that we have the opportunity to ask questions...

Felony Sentencing

Most felonies are punished under a determinate sentencing program. Determinate sentencing provides three potential terms of imprisonment in a state prison: a low, middle, and high term. It is generally assumed that the middle term is the appropriate sentence unless the court makes determinations on the record that justify the higher or lower term accordingly. Making a determination on the record...