Rizio and Nelson California Law Blog

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...

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...

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...

Arson Laws

Under California law, arson is a “general intent” crime, which means that the defendant need not have intended the specific results. The actions that the defendant undertook to cause the result are what matter. Unless there is intent to defraud or injure someone else’s body or property, a person cannot commit “arson” against his own property. California arson laws are...

Jury Instructions

The judge gives instructions to the jury after the closing arguments of the attorneys and before jury deliberations. These instructions include reading the law or laws that apply to a particular case. He or she asks them to consider carefully the facts of the case to determine if any laws have been broken. Jurors are reminded that the prosecuting attorneys carry the burden of proof, meaning that the...

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...