CHP Violated California Arrest Record Law

September 30 2016 in Criminal Convictions, Criminal Defense, Legal Blog

Like many others, you may have initially been taken into police custody under suspicion of a DUI or another offense but never had any charges pressed against you. You may still be living with the arrest on your California arrest record because of this incident. But most people do not realize that un...

Federal Court Bars Medical Marijuana Prosecutions

September 15 2016 in Federal Marijuana Issues, Legal Blog, Marijuana Charges, Medical Marijuana

As more states legalize marijuana for medical or personal use, the conflict with between state and federal law grows. Approximately half of the states offer some type of medical access to marijuana or related products. Four states legalized recreational use. Meanwhile, marijuana is classified as a S...

Increased Penalties for a High Blood Alcohol Content (BAC)

August 18 2016 in Alcohol, DUI, Legal Blog

Blood alcohol content (BAC) is a scientific measurement of alcohol intoxication, established through chemical testing such as a blood or breath sample. In most cases, your BAC test results will be used as evidence that you committed a DUI offense. In California, as in the majority of other states, ...

New Bill Takes Aim at Drunk Driving Offenders

August 8 2016 in Alcohol, Criminal Defense, DUI, Legal Blog

In the past 30 years, 50,000 people have died and over 1 million have been injured in California as the result of drunk drivers. In an effort to curb drunk driving, the California Senate unanimously passed SB 1046, which would require anyone convicted of driving under the influence of alcohol to ins...

Concealed Carry Laws Continue to Divide the Nation After Court Ruling

July 8 2016 in Criminal Defense, Legal Blog, Media Coverage, Weapons Crimes

In a considerable victory for gun control advocates, a recent 7-4 ruling by California’s Ninth Circuit Court of Appeals stated that the Second Amendment does not include the right to carry a concealed handgun in public, thereby allowing state restrictions such as California’s requirement to show...

9th Circuit Rules No Constitutional Right to Carry a Concealed Firearm

June 16 2016 in Legal Blog, Weapons Crimes

California Penal Code 25400 PC prohibits carrying a concealed firearm on your person, within your car, or a car in which you are the passenger. The only way to legally carry a weapon outside of your home is to have a concealed weapon license or permit under California Penal Code section 26150 PC. In...

Can I Avoid a DUI Checkpoint?

June 8 2016 in Alcohol, Criminal Defense, DUI, Legal Blog

Proponents of DUI or sobriety checkpoints argue that they are an effective means of preserving public safety by reducing alcohol-related deaths and injuries. As such, DUI checkpoints have become a common occurrence in California, particularly on holiday weekends, and this past Memorial day weekend w...

Could a Smoking Ban Impact California Colleges?

June 1 2016 in Criminal Defense, Drug Crimes, Legal Blog, Marijuana Charges

The California Assembly voted to pass a measure that would ban all smoking – including e-cigarettes and medical marijuana – on all state university and community campuses. The rule will potentially apply to the privacy of one’s dorm room, as well. To anti-smoking activists, the measure can be...

McElfresh to Speak at Cannabis Business Summit

May 27 2016 in Legal Blog, Marijuana Charges, Media Coverage, Medical Marijuana

Jessica McElfresh, a medical marijuana lawyer in San Diego, will be a speaker at the Cannabis Business Summit & Expo in Oakland, CA this June. The conference, which is billed as “America’s Most Important Cannabis Event of the Year,” is a three-day event starting June 20 that brings togeth...

California Chief Justice Wants to Reform to How State Holds People in Bail

May 23 2016 in Criminal Defense, Legal Blog

Our San Diego criminal defense attorneys are always on the lookout for new developments in the criminal justice system. Here at McElfresh Law Inc., we have long been concerned about the detrimental effects that the bail system has had on criminal justice. Specifically, “money-for-bail” has resul...

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