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San Jose Criminal Law Blog

Arrested During Spring Break: What You Need to Know

After a long and harsh winter, people get ready for Spring break. Indeed. Spring break symbols the return of warm weather. This is the time where young people come together to plan fun events. Unfortunately, many of these young people end up getting arrested during Spring break. As a result, they are charged with criminal offenses and some end up in jail. Being arrested during Spring break is definitely a party “pooper.” This can ruin anyone’s Spring break plans. Entire blog →

California’s New Marijuana Law: What’s Legal and What’s Not

This past November, California voters approved Proposition 64 by a margin of about 56% to 44%. This makes California the fifth state to legalize recreational marijuana. So what does California’s new marijuana law mean for you?

What’s Legal

California was one of the first states to legalize marijuana for medical use.  It’s been legal since 1996 and is still legal today.

The new law means anyone 21 and over can transport, use, possess, and share up to an ounce of marijuana. In addition, each household can grow up to six plants.

What’s Not Legal

Even with the new law, you may still be subject to criminal penalties for possession and use. Here are the things you can’t do:

  • Buy marijuana for recreational use. Even though some medical marijuana dispensaries have started to sell marijuana for recreational use, this is not yet legal. The state has not yet set up the rules for the recreational marijuana market.
  • Buy a marijuana plant. Someone can give you a plant, but you can’t exchange money for one until the state sets up the legal market.
  • Have marijuana in a national park. National parks follow federal rules, not state. Arrests are rare, but fines can be $200.
  • Smoke or ingest marijuana in public. It can only be consumed on private property.
  • Take marijuana across state lines. This means you cannot bring marijuana on an airplane trip to another state.
  • Drive while under the influence of marijuana. The State Highway Patrol enforces DUI penalties against drivers.

In addition, employers can still enforce drug-free policies for their workers. Employers can drug test their employees and fire those who test positive for marijuana.

Have Questions?

If you need help navigating California’s marijuana laws, contact us. The Law Offices of Erik Steven Johnson are here to stand up for your rights.  Call us at 408-246-3004 for a free consultation today.

Should Government Use Of Drones Be Limited?

Drones are useful tools in the areas search and rescue, increased mapping and scientific research, not to mention personal recreation and photography. But we have to be careful and concerned about government use of drones that have the tempting invitation for abuse. Aerial drones are the new investigative devices being employed by police departments across the country and so far have minimal regulation and oversight. Drones are increasingly getting smaller, but equipped with more sophisticated and powerful technologies to capture video images and audio recordings in traditionally “private spaces,” where search warrants would or should be required.

Because the threat of abuse is dangerous to constitutional and privacy rights, government use of drones should be regulated and limited. Some reasonable regulations include: 1) police may only deploy a drone upon receipt of a warrant or in the case of an articulable emergency where obtaining warrant is not possible; 2) The City or State government should set forth the policies for the use of drones and those policies made public; 3) Images and information collected may only be retained if there is a criminal investigation.

The Law Office of Erik Steven Johnson defends clients against criminal charges from Palo Alto to San Jose and throughout surrounding California communities. When the government obtains evidence in contradiction of constitutional rights, the evidence will be excluded from trial. If you have been charged with a crime in California, contact us today online or by telephone at 408-246-3004 to schedule a consultation with an experienced criminal defense attorney.

DUI Arrests Double Over New Year’s Holiday

Many people enjoy ringing in the new year with a celebratory drink, but this can also lead to more arrests for driving under the influence over the holidays.

The LA Times reported that DUI arrests on New Year’s Eve more than doubled from 2014 to 2015. Statewide, the California Highway Patrol made 1,072 arrests, up from 457 the previous year. While there were more officers on patrol than previous years, the huge increase was still surprising. Entire blog →

Drug Crime – Handling Drug Addiction

California law enforcement officials aggressively pursue drug crime arrests. If you have been arrested for committing a drug crime, it is important to have a skilled, aggressive criminal defense attorney on your side.

At the Law Offices of Erik Steven Johnson, we defend clients against a broad range of drug crimes. Erik Steven Johnson is a skilled trial advocate who is well-versed in successful drug crime defense strategies and can use them on your behalf.

Contact us today online or by telephone at 408-246-3004 to arrange a consultation with an experienced San Jose drug crimes lawyer.

National Association of Criminal Defense Lawyers California DUI Lawyers Association Santa Clara County Trial Lawyers Association
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