Rizio and Nelson California Law Blog

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...

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...

DUI Arrest – Physical Signs of Intoxication

Officers will closely observe the physical appearance of any purported intoxicated driver. This allows them to determine symptoms of intoxication accurately in order to form a basis for arrest (probable cause). The symptoms will be included in the defendant’s arrest report for use by the prosecuting attorney in the driver’s DUI charge. The type of alcohol that is considered safe for consumption...