However, there are times, right or wrong, when you may find yourself entangled with the law. When that happens, especially if it is your first time, you may be asking yourself, “Do I need a criminal lawyer or attorney?”

Here is a quick rule of thumb to answer that question: If you are facing the possibility of jail or prison time, you should never be without a lawyer or attorney.

Whether your charges are true and you have committed the crime, or you have been wrongly accused, having a criminal lawyer or attorney present plays a vital role in protecting your rights as a US citizen. The lawyer, and the lawyer’s team, is there to not only defend your right to freedom, but also to counsel and provide legal advice throughout the process.

If you are being questioned by the law, you have the right to have an attorney present during questioning. It is important because you do not want to incriminate yourself, and ultimately hiring an attorney sooner rather than later, can end up being a lot less costly in the end. Remember that an allegation is simply that… an allegation. You have not been convicted, and you are innocent until proven guilty in a court of law.

If you have been accused of any of the following, in or around San Diego, CA, please give us a call at (619) 630-8LAW (8529):

•Burglary

Call a Criminal Defense Lawyer or Attorney if there is any possibility of jail time

•DUI
•Assault with a Deadly Weapon
•Speeding Ticket(s)
•Domestic Violence
•Assault and Battery
•Welfare Fraud
•Reckless Driving
•Evading a Police Officer
•PC 415 Noise Violations
•Probation Violations
•Recalling Warrants
•Reduction of Felonies to Misdemeanors
•PC 1203.4 Dismissals (Expungement)

• Marijuana is a natural pain reliever.  It can be used in place of more addictive pharmaceutical drugs that have a higher rate of over dosing.
• Marijuana helps reduce anxiety. Being sick or injured can be stressful and scary.  Marijuana not only reduces the stress, but it does so while also decreasing pain levels.
• Marijuana helps relieve nausea.  This can save people’s lives.  The side-effect of certain medications, especially in the case of chemotherapy, is often nausea and vomiting.  Marijuana can help keep patients from getting sick, which in turn increases the efficacy of the therapy.
• It is extremely difficult to overdose on marijuana.  There has not been a single direct case of death caused by excessive marijuana use.
• Marijuana is natural.  Unlike pharmaceuticals, this drug is an actual plant, and is not comprised of man-made chemicals.

Even though there are many good uses for marijuana, and even though it has been partially legalized, citizens are still being arrested and tried for possession and/or use.  If you have any issues or questions with your right to use medical marijuana, Seneca Law Group has the answers.  Call us today at 619-630-8LAW (8 5 2 9) or email us here.

With so many options, how are you supposed to find the right criminal defense attorney for your case?

Find an attorney who specializes in your kind of case.

You wouldn’t hire a tax attorney to represent you in a murder case, would you?  While that might be an extreme example, the point is that you’ll want to make sure the attorney you hire to represent you has experience in the kind of trial you’ll be facing.  Some attorneys do almost nothing but DUI’s.  Some concentrate on violent crimes such as murder or rape.  You’re not likely to find an attorney who only defends one particular type of crime cases, but you’ll want to make sure the one you hire has experience for whatever you’re facing.

Ask your friends.

Chances are you know someone who has had the need for legal services before.  Don’t be afraid to ask your friends for advice on hiring a lawyer.  Not only can they share their experiences to help you get through yours, but they can tell you what they liked or didn’t like about their lawyer.

Find an attorney you like.

The lawyer you hire will be instrumental in determining the course of your life, so it is important that your attorney is someone you feel comfortable with.  That means different things to different people though.  Maybe you want an attorney who is friendly and good natured, or maybe you want one who is all business.  Either way, talk to your potential attorneys and get a feel for them.  Make sure you are comfortable with this person before you hire them.

Find out about your attorney.

Let’s say you’ve met with a few criminal defense attorneys that you like; what’s next?  Don’t be afraid to look them up.  You can read reviews on sites like Google Places and Yelp.  You can also find out if your attorney is associated with any particular organizations aside from the California State Bar.

Check the supporting cast.

Attorneys usually have more than one case going on at a time and have people helping them with their cases.  It’s not a bad idea to also do some research about the people who will be assisting in trying to keep you out of jail.  It’s also good to know what will happen on the off chance that your attorney becomes ill or, for whatever reason, is not able to be there for you during your trial.

Of course, we at Seneca Law Group feel that we can provide you with the best representation in your criminal defense case.  We feel comfortable telling you to ask these questions of your potential attorney, because not only are they details everyone looking for a criminal defense lawyer needs to ask, but also because we know we can provide you with everything you will need.  If you need a criminal defense attorney in San Diego an the surrounding areas, call us at (619) 630-8LAW (8529) or go to our website’s contact page.

When obtaining evidence from a driver, such as a blood sample, police officers must comply with the Fourth Amendment, which ensures “[t]he right of the people to be secure in their person … against unreasonable searches and seizures”.  U.S.C.A Const. Amend. IV.  Moreover, the U.S. Supreme Court has consistently held that “searches conducted outside the judicial process, without prior approval by a judge or a magistrate are per se unreasonable under the Fourth Amendment”.  Katz v. U.S., 389 U.S. 347, 357 (1967).  Accordingly, within the context of a DUI investigation, unless a police officer has obtained a warrant to draw a blood sample, a court would likely hold that a person’s Fourth Amendment right has been violated.

Perhaps you know someone who had their blood drawn during a DUI investigation, without the use of a search warrant, and was subsequently convicted by use of the blood sample to show that the person was operating a vehicle while being intoxicated.  Based on the Fourth Amendment and numerous U.S. Supreme Court decisions one might jump to the conclusion that someone’s constitutional protection has been violated.

However, a common theme within the realm of criminal procedure, the area of law which the Fourth Amendment commonly falls under, is that there is an exception to almost all traditional rules.  “An exception to the general rule requiring a search warrant is when exigent circumstances are present … [such as] if the time needed to obtain the warrant would endanger life, allow a suspect to escape, or risk the destruction of evidence”.  United States v. Cisneros–Gutierrez, 598 F.3d 997, 1004 (8th Cir., 2010)

When is a nonconsensual and warrantless blood sample obtained in a DUI investigation a reasonable search and seizure under the Fourth Amendment? (In other words, when may a police officer force an individual suspected of driving under the influence to provide a blood sample, or take a blood sample without asking, and not violate a person’s constitutional rights).

Schmerber v. California, provides a classic example where a blood sample from a person suspected of driving under the influence may be nonconsensually taken without violating someone’s Fourth Amendment protection.  384 U.S. 757, 758 (1966).  In Schmerber, defendant was driving a vehicle that skidded off the road causing the defendant driver and his passenger to sustain injuries. Id. at 758.  While defendant was being treated for his injuries at the hospital, he was arrested and without a warrant or defendant’s consent, a blood sample was drawn revealing that defendant was intoxicated at the time of the automobile accident.  Id. at 759.  Defendant objected to the state trial court’s use of the blood sample as evidence for the DUI conviction based on his Fourth Amendment protection being violated.  Id. at 759.

The U.S. Supreme Court, in reviewing the state court’s method of obtaining the blood sample used in Schmerber’s DUI conviction, established a limited exception where blood may be drawn without consent from an individual or by use of a warrant.  The exception is based on an emergency situation where a police officer reasonably believes the delay in obtaining a warrant to draw blood from a non-consenting person would threaten the destruction of evidence, in this case blood alcohol content.  Id. at 770-71.  Due to the fact that the percentage of alcohol in a person’s blood begins to diminish shortly after drinking, added with the time to transport a person from the accident scene to the hospital and time to investigate the accident scene, a blood sample taken well after a warrant has been obtained will not appropriately reflect the alcohol in the defendant at the time of the accident.  Id. at 770-71.  Under this fact scenario the U.S. Supreme Court held a nonconsensual, warrantless blood draw was permissible under the Fourth Amendment.  Id. at 772.

Although the U.S. Supreme Court decision in Schmerber has essentially broaden police authority in conducting investigations, a police officer must still administer an investigation within the contours of the exception to the general rule requiring a warrant prior to searching a person.  It is important to note that the exception to the general rule set forth in Schermber does not rest on merely preserving evidence, the exception to the warrant requirement is based on the emergency situation (stated in the case as “special facts”) coupled with the risk of destruction of evidence.  Contrary to the opinions of some legal scholars and practitioners that the protections set forth in the Fourth Amendment are being eroded over the time due to decisions such as Schermber, the statutory language in the Fourth Amendment still does its job in restraining police authority to its appropriate boundaries.

This blog was written by Hector Leija Legal Intern and is meant for informational purposes only.  This blog and its contents are not intended as legal advice and are only informational. Seneca Law Group is a law firm located in San Diego, California and any information in this blog is related only to California law. None of the information in this blog should be relied upon in court proceedings without consulting an attorney. Each case is different and the law is always changing.  If you have a legal problem please feel free to contact us today!

After someone has been given a citation for either an infraction or a misdemeanor, or has been taken into custody for committing a misdemeanor or felony, the person is brought before a judge to be arraigned of the charges against him or her. The arraignment is the judicial process of informing a person accused of committing a public offense, be it a felony, misdemeanor or infraction, of the nature and cause of the accusation (s) against him or her by a judge.  Cal. Penal Code §988.  Prior to the arraignment a formal complaint, referred to as accusatory pleading, must be filed by the prosecuting attorney; the accusatory pleading must contain the name of the court which the pleading is filed in, as well as the name of the parties and a statement of the public offense(s) being charged.  Cal. Penal Code §950.

In addition to placing a person on notice of the accusations against them, the arraignment provides the opportunity to plead either guilty or not guilty.  Cal. Penal Code §1016.  That is, the arraignment affords the opportunity to communicate his or her position on the accusations against them to the judge, or to make a motion to set aside the accusatory pleading.  See, People v. Bond, 179 Cal. App. 2d 820, 822 (Cal. App. 1 Dist. 1960).  For a court to adequately prosecute an individual for having committed a public offense it must have the authority to do so, in other words the court must have jurisdiction to prosecute the individual. When the accusatory pleading is filed, the defendant shall be arraigned thereon before the court in which it is filed.  Cal. Penal Code §976.

When someone is arraigned does that person have the right to be represented by an attorney (commonly referred to as right to counsel)?

During the arraignment the judge must inform the person being charged with a public offense of his or her right to counsel in every stage of the proceedings.  Cal. Penal Code §858.  The person being charged with a public offense may obtain legal representation, i.e. counsel, at his or her expense, or if he or she is unable to employ counsel the court shall assign an attorney to represent him or her.  Cal. Penal Code §987.  To assist the court in determining whether the defendant (person being charged with a public offense) is able to employ legal representation, the court may require the defendant to file a financial statement under penalty of perjury with the court.  Cal. Penal Code §987.  Even if the defendant is financially able to secure legal representation and either refuses to employ an attorney or appears before the court without an attorney after having had reasonable time to secure one, the court shall assign an attorney.  Cal. Penal Code §987.  Under such circumstances, subsequent to the criminal proceedings, the court will set the amount to be reimbursed and order the defendant to pay the sum in a manner that is reasonable and compatible with defendant’s financial ability. Cal. Penal Code §987.8.

Is legal representation completely free, in the event the court assigns an attorney, if one is unable to pay for such services?

Not necessarily, if the defendant is unable to pay for an attorney and one is assigned by the court, the court may order a hearing, after the criminal proceedings have concluded, to determine whether the defendant owns or has interest in real property or other assets subject to attachment and not otherwise exempt by law, to compensate the court for having to expend resources to pay for legal services. Cal. Penal Code §987.8.

If you need help with a criminal case and want an experienced attorney to fight for your rights please call Seneca Law Group Today at (619) 630-8529 or e-mail us or contact us through our website form

This blog is meant to be informative in nature and is not to be construed as legal advice. If you have a legal issue call Seneca Law Group today and speak to one of our experienced attorneys. This blog was created and written by legal intern Hector Leija

An unlawful detainer occurs when a person remains in possession of property after the expiration of time a person has rented or leased that property. Chan v. Antepenko, 203 Cal. App. 3d Supp. 21 (1988). This is a process a landlord takes in order to repossess his/her property from his/her tenant.

Process of an Unlawful Detainer

Three-day notice before filing unlawful detainer

Under Code Civ. Proc., § 1161, there needs to be a three-day notice period to pay rent or quit served by a landlord on a tenant. The three-day notice is required before filing of a complaint for unlawful detainer. The purpose of this notice is to give the tenant an opportunity to pay the rent and retain possession of the property. If payment is made by the tenant within the three-day notice time period, the tenant remains in possession of the property and the tenant suffers no default on the property.

Tenant vacates property prior to unlawful detainer complaint filed

If a tenant vacates and surrenders the property prior to the unlawful detainer complaint being filed, then there is no action for unlawful detainer even if the tenant did not surrender the property during the three-day notice period. Briggs v. Electronic Memories & Magnetics Corp., 53 Cal. App. 3d 900 (1975). The purpose of an unlawful detainer is to recover possession of property for the landlord. Id.

No payment made during three-day notice

The tenant is required to pay rent or quit once a landlord has served a three-day notice on the tenant and the tenant has not paid rent owed. An answer states possible legal defenses and/or reasons why the tenant did not pay for rent. Even if the tenant has no reasonable excuse, the tenant generally still needs answer to the landlord’s complaint. Possible legal defenses include but are not limited to a breach of the warranty of habitability or an absence of the landlord’s three-day notice to the tenant. For example, if the property has a termite issue and the tenant notified the landlord of this issue, if the tenant suffers from safety issues, then the court may find that this is a reasonable excuse as to why the tenant did not pay rent. As stated above, if the tenant did not receive a three-day notice to pay rent or quit from the landlord, the tenant did not receive notice that he/she must pay rent in order to remain in the property owned by the landlord.

This blog was written by legal intern and law student Julie Houth. It should not be relied upon as legal advice. The law is constantly changing and this blog is meant to be only informative. If you have any comments or questions about the law  please contact Seneca law group today to discuss your rights.

Some people are under the impression that bankruptcy is as bad as it gets. They think that avoiding it at all costs is a good thing to do, even if it means your sinking credit score and a ton of anxiety. Here we are going to talk about how this process works in San Diego as well as why you may want to change the way you think about it.

Stress is Bad For Your Health

Getting bills in the mail every day and being sued by credit card companies is not just bad for your credit, but it also adds to your health problems through stress. It can lead to heart problems and toxic chemicals in your blood from cortisol and adrenaline as you feel anxiety about checking the mail or answering the phone. Nobody should live in that way.

That is why at the Seneca Law Group, we think of bankruptcy as a type of refinancing. It can also be better for your mind and your health.

But Doesn’t Bankruptcy Ruin Your Credit?

The thing to think about here is what is happening to your credit if you don’t file for it. If you do not file for bankruptcy, your credit score continues to go down because you may be missing payments or carrying balances that are too high.   Filing for bankruptcy can end that stress and actually improve your credit.

Some people find that their credit score goes up a year after filing because all the negative marks fall off.  While credit cards and loans post bankruptcy may have higher APR, now a days, banks offer prepay credit cards which is a great risk free way to further rebuild your credit. This is a good thing to remember.