What Acts Are Considered Stalking in California?

marijuana DUIIn many cases, people are accused of stalking even though under the definition of the law, they did not commit any acts that would be considered stalking in California.

Definition of Stalking in California

CA.gov features a page on stalking in California. The page has a section on it regarding behaviors that are defined as stalking. These behaviors include the following:

  • Spying – This can include cyberstalking, literally hiding and spying or showing up at an event and keeping watch.
  • Threatening – Making threats that cause the victim fear or apprehension, such as threatening to enter the victim’s home.
  • Monitoring – Keeping track of the victim’s activities by following them online through their social media pages, using a GPS device or questioning the victim’s friends and family about the victim’s activities and whereabouts.
  • Harassing – Making several calls to the victim that are harassing in their frequency or due to their content.

There are several defenses that can be used if you have been accused of stalking. To learn more about what happens if you are accused of stalking in California and what you should do about it, call the Law Office of Louis J. Goodman. Criminal defense lawyer Louis J. Goodman has been successfully protecting the rights of people charged with stalking. Contact our office today to schedule a free consultation to discuss your situation with him.

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Political Donations

I recently had a discussion with some friends who expressed frustration about not being able to vote in elections that they cared about because they did not live within the voting jurisdiction. There are lots of ways to influence an election. You can knock on doors, leaflet, make phone calls and you can donate money. Campaigns are expensive and have to be financed by somebody. TV costs money, phone banks cost money, flyers, yard signs, pizza for volunteers, all cost money. In the recent 2016 Republican Presidential Primaries candidates averaged about $40.00 per vote cast. An Alaskan Senate campaign cost the candidates over $100.00 per vote. Local elections are less costly, often coming in at around $12.00 a vote. The point being that running for office is expensive and candidates need financial support. Let’s be clear, money, in and of itself will not win an election (Hillary Clinton vastly outspent Donald Trump.) but no campaign can run without money.

One friend, who is highly educated, well employed, and who I admire very much, said that he believed that a campaign should just be a reasoned debate between candidates and then voters vote on the best person. Money should not come into it. Much as I might like this utopian myth, I recognize that reality dictates otherwise.

Here’s my point: If you like a cause or a candidate, send the campaign some money. It’s easy to do, just go to their website, find the prominently displayed “Donate” button and take it from there. Send what you can, even ten or twenty dollars really helps. More importantly, you and I can say that we participated in the democratic process, even though we did not ourselves get to vote directly, and regardless of the outcome, we made an effort to positively affect government by the people.

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Want to Contribute to a Safer Halloween?

Please use a designated driver for HalloweenWant to do something really scary for Halloween? How about sitting with your hands cuffed behind your back in the hard plastic seat of a police car?

So if you’re a ghost or goblin who is planning on a few social alcoholic treats for Halloween, or maybe just working up the courage to be seen in public in that costume, best to plan on a designated driver, taxi, Lyft, or Uber to get you home.

My office sees far too many holiday arrests. Plan on not being one of them.

At the Law Office of Louis J. Goodman, we passionately defend the constitutional rights of our clients.

Can I Fight a DUI Charge If I Failed a Blood, Breath or Urine Test?

Just because you failed a blood, breath or urine test does not necessarily mean a criminal defense attorney cannot get a Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) charge reduced or even overturned.

How to Challenge DUI and DWI Blood, Breath and Urine Test Results

It is illegal to drive a motor vehicle with a blood alcohol content (BAC) of 0.08 percent or higher. When police pull drivers over under the suspicion of DUI or DWI, they use chemical tests to check the BAC level in the driver’s saliva, blood, breath or urine. If the results of these tests show that a driver has a BAC of 0.08 percent or higher, then the prosecution will use it as a key piece of evidence to pursue a DUI or DWI conviction. However, if the defense can challenge the accuracy of these tests, then they can sometimes prevent the prosecution from being able to use the results in the case against a DWI or DUI suspect. A few of the ways the defense can challenge a chemical DUI test includes:

  • Failure to warn – In some states, refusing to take a chemical test will result in your driver’s license being suspended. If the police fail to warn you that your license will be suspended if you refuse a chemical test, you may be able to prevent the results of the test from being admitted as evidence. In addition, many states allow you to have a choice as to which chemical test you would prefer to take. If the arresting officers do not offer you a choice about which chemical test you would like to take, it may make the results of the test inadmissible.
  • Improper administration – If the device used to administer the test was faulty or not calibrated properly and you can prove it, you may be able to ensure the results of the test cannot not be admitted as evidence. Similarly, if the technician administering the test does not follow the required steps for administering the test, the results of the test may be inadmissible.

These are just a couple of the defenses that can be used to challenge the results of DUI and DWI blood, breath, saliva and urine tests. For more information about DWI and DUI defenses, contact the Law Office of Louis J. Goodman. Criminal defense attorney Louis J. Goodman has years of experience successfully defending the rights of people charged with DWI, DUI as well as other charges. He is tough, professional and respected. Call now to set up a free consultation to discuss your situation with him.

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Have you Been Accused of a Marijuana DUI?

Although medical marijuana is now legal in California, it’s still illegal to drive under the influence of any drug or alcohol. For alcohol cases, this is usually a simple question. A person is either over the legal limit of a .08, or they’re not. Although a person can be charged when alcohol influences their ability to drive when they’re under a .08 blood alcohol content, this rarely happens.

No legal limit for Marijuana

For marijuana DUI, the line isn’t so bright. The State of California doesn’t have a legal limit for marijuana. They also don’t have a way to test a person’s marijuana levels on the side of the road.

Alcohol is measurable in a person’s breath, so law enforcement can test a person’s alcohol levels using a breathalyzer test. However, marijuana doesn’t appear in the breath, so law enforcement has no way to test your marijuana levels without drawing your blood. For now, a marijuana DUI is hard to detect, and it’s even harder for law enforcement to prove your guilt to the satisfaction of a jury.

Promising New Research

Researchers in California are working on trying to establish a legal limit for driving under the influence of marijuana. To do this, they’re having volunteers smoke marijuana and then use a driving simulator. They’re testing the participants at different strengths of marijuana use and at different intervals between smoking and driving. They’re also having participants take other cognitive tests to determine their ability to think and reason after smoking.

As marijuana use continues to grow, this research becomes more important than ever. Early research shows that drivers aren’t much more likely to be in an accident if they have only moderate levels of marijuana in their system. Ultimately, researchers hope to establish a legal limit for marijuana DUI. They hope that this legal limit, in turn, helps law enforcement create new techniques for detecting drugged driving and fairly enforcing California laws.

We Can Help

If you’re facing a marijuana DUI, the Law Office of Louis J. Goodman can help. Their team of legal professionals has years of experience helping clients navigate California’s complex and changing marijuana and drunk driving laws. If you’re facing any kind of marijuana or drunk driving charge, you should contact our office as soon as possible. The Law Office of Louis J. Goodman can help you protect your rights and defend yourself to the fullest extent of the law.

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