Rizio and Nelson California Law Blog

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...

Drug Possession

In order to prosecute a person for possession of drugs for personal use, the prosecution must prove that the person had knowledge of the presence of the controlled substance, and knowledge that the substance was in fact a controlled substance. There are two types of possession: Actual possession means that a person knowingly has direct physical control over a controlled substance. Constructive possession...

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...

Burglary Laws

California Penal Code Section 459 reads, in pertinent part: “Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed...

DUI – Other consequences

The courts or the registry may require that you not only lose your license but also face high fines, lose your car or even have a locking device on your ignition if you’re convicted of drunk driving. This is a frightening time for you if you’re convicted and you’ll be faced with a criminal record which could seriously impact your future possibilities for employment, housing and more. Don’t...

DUI – Your Freedom and your License

Being convicted of DUI charges means that you will haunt you in your future – whether it’s your work, your personal life or your future driving abilities, there is no getting away from the stigma of a DUI charge. Since these charges carry not only criminal charges but may also result in charges that are administrative in nature filed by the DMV (Department of Motor Vehicles) the attorney...

Protecting yourself in DUI situations

Less than 70% of DUI arrests in California result in a conviction. Preparation, knowledge, and an excellent DUI attorney in Riverside, CA (or other area, served by Rizio and Nelson) are among your best defenses. So, hiring a good DUI attorney is absolutely your best decision and ought to be your first move. Did you know that only about 30% of the arrests for drunk driving in California ever result...

Non-Standardized Testing DUI — Finger Count Test

Law enforcement agencies utilize a number of different field sobriety tests in order to determine enough probable cause to make a DUI arrest. The National Highway Traffic and Safety Administration (NHTSA) has conducted studies that have determined that some tests are accurate indicators, to a certain degree, of a blood alcohol content (BAC) above .10%. However, law enforcement agencies frequently use...

DUI Non-Standardized Testing — Alphabet Test

Law enforcement agencies utilize a number of different field sobriety tests in order to determine enough probable cause to make a DUI arrest. The National Highway Traffic and Safety Administration (NHTSA) has conducted studies that have determined that some tests are accurate indicators, to a certain degree, of a blood alcohol content (BAC) above .10%. However, law enforcement agencies frequently use...