How Can Police Prove Marijuana Intoxication?

What to Know If You Are Arrested for a Marijuana DUI

In California, cannabis is legal for both medicinal and recreational purposes, but it is still unlawful to drive while impaired by the substance. Unlike alcohol which has a set legal limit, it can be more challenging to determine if a person is under the influence or intoxicated by marijuana. Proving impairment, therefore, must be done by more than just a test result.

At Ridley Defense, we provide dedicated defense for individuals who have been charged with driving under the influence of marijuana. Our experienced legal team is here to help you understand your rights and help to mitigate the consequences of a DUI arrest or potential conviction. If you were arrested for a marijuana DUI, contact our office at (805) 208-1866 to schedule a complimentary consultation. 

What Is a Marijuana DUI?

California Vehicle Code Section 23152(f) makes it unlawful to drive under the influence of any drug. Even though marijuana is legal in the state, it is still illegal to drive while impaired by the substance. Therefore, if you are stopped for a traffic violation or at a checkpoint, and the officer suspects that you are driving under the influence of marijuana, they could arrest you. 

A marijuana DUI carries many of the same penalties as a DUI based on alcohol consumption. You could be required to pay a fine of $390 plus penalty assessments, face a suspended license, and even jail time. If you are facing charges based on a DUI with drugs, you need to speak to an attorney as soon as possible.

What Is Considered Impaired?

Unlike alcohol, there is no “per se” limit for intoxication of marijuana. Therefore, the officer must use other factors to determine whether you were impaired by the drug and, therefore, under the influence.

If you are arrested for a marijuana DUI you will be required to submit to a chemical test to determine the level of tetrahydrocannabinol (THC) in your system. If you refuse a chemical test, you could face additional penalties. Additionally, you may be convicted of a marijuana DUI even without a blood test to confirm THC levels.

How Does a Police Officer Prove Marijuana Intoxication?

An officer may consider several factors to determine whether you are impaired by marijuana. Ultimately, the blood test will say what the level of THC is in your system. 

Factors an officer may take into consideration to prove marijuana intoxication:

In some cases, the officer that makes the stop may call in a Drug Recognition Expert (DRE). A DRE is specially trained in drug detection and will do a 12-step process to determine whether you are under the influence of marijuana or another substance.

Contact Our Office for a Complimentary Consultation

If you have been arrested for driving under the influence of marijuana, contact our office at (805) 208-1866 to schedule a complimentary consultation. You should not enter a plea until you have had the chance to consult with an attorney. Call now to get started. 

Talking to the Police

Why You Should Retain a Lawyer Before Talking to the Police

Prior to custodial interrogation, an officer is required to read you your Miranda rights. If you are taken into custody, you will be informed that you have the right to remain silent and that anything you say can and will be used against you in a court of law. It is important that you exercise these rights and ask to speak with an attorney immediately. What you say can hurt your case and may be used to incriminate you.

At Ridley Defense, we know that you may be eager to tell your side of the story, but you need to be careful when you are speaking to a police officer. It is in your best interest to remain silent and exercise your right to an attorney. If you have been arrested or are being investigated for a crime, contact our office at (805) 208-1866 to schedule a complimentary consultation. 

Should I Talk to the Police Without an Attorney?

It is always advisable to consult with an attorney prior to speaking with the police. When people talk to police without legal counsel, they may answer questions in an incriminating manner. In many cases, they do not even realize that what they are saying could hurt their case. Many people are also nervous when they are being questioned. While you may be doing your best to answer the officer’s questions, your nerves may be seen as being evasive.

If you are not honest with the police and it is discovered, you could face additional penalties under the law. Making false statements to police officers while they are performing their official duties is a crime within itself. To avoid these and other consequences, you should retain an attorney as early in the process as possible.

Do I Have to Answer an Officer’s Questions?

You have the right to remain silent, and you should exercise that right until you have retained an attorney. An attorney can advise you on how to proceed if you are being investigated for a crime. However, it is important to note that you do not have the right to impede an officer’s investigation. You cannot make false statements or attempt to obstruct them. 

Always be respectful in any interaction with law enforcement. You should not make any threatening statements or gestures. Be courteous and ask for an attorney if you are being taken into custody. Knowing your rights is critical. Remember, you have the right to speak to an attorney before you answer an officer’s questions.

What If I Talk to the Police Without an Attorney?

What you say can and will be used against you. You cannot be punished for refusing to answer an officer’s questions, but you can face additional penalties for lying to an officer. You have the right to ask for a lawyer at any time. Even if you started answering questions, you can stop and exercise your right to legal counsel.

Arrested for a Crime in Southern California? Contact Our Office.

Were you or a loved one arrested for a crime in Southern California? Contact our office at (805) 208-1866 to schedule a complimentary consultation. Early intervention is often essential in criminal cases. Before you speak with law enforcement, call our office to speak directly with a member of our legal team. 

Can You Film Police in California?

Know Your Rights When Filming the Police

Many people are uncertain whether they are legally allowed to film the police during a traffic stop or investigation. While the vast majority of interactions with law enforcement are uneventful, some can become escalated. Filming the incident can help keep officers accountable and help to bring about change if there is evidence of misconduct. However, it is important to understand your rights before you start recording the police.

At Ridley Defense, we represent individuals who have been arrested or charged with a crime in Southern California. Our dedicated legal team can help you understand your rights. We are committed to helping you get your life back on track and ensuring you receive the best possible outcome in your case. Are you facing criminal charges? Contact our office at (805) 208-1866 to schedule a complimentary consultation. 

Is It Legal to Film Police in California?

California Penal Code 148(g) states that filming or taking a picture of an officer does not in and of itself constitute obstruction of justice. While there are exceptions, you are usually within your rights to make an audio or video recording of an officer. 

In general, a person may film or take pictures of police in:

Under this penal code, recording an officer does not give reasonable suspicion for them to detain you or probable cause for them to place you under arrest.

What Can I Video?

A good rule of thumb is that you are legally allowed to video anything that is in a public space and is in plain view. You must, however, have a legal right to be there. For example, you cannot trespass on another person’s property and record a video or take pictures. You also cannot harass an officer or attempt to obstruct their investigation.

Can an Officer Confiscate or Delete My Video?

If you are legally filming an officer, they cannot demand that you turn over your phone or camera without a warrant. Furthermore, an officer may not delete your photographs or videos.

Do I Have to Show That I Am Recording?

Another essential thing to remember is that you should not try to conceal or cover up the fact that you are recording. Under many circumstances, it is within your legal right to record an officer, so there should be no reason to attempt to hide your camera or phone. Furthermore, the law prevents you from attempting to record confidential communication without a person’s consent. 

What Should I Do If I Am Arrested for Taking a Video of the Police? 

If you are arrested for taking a video of the police, you need to be cooperative. As soon as possible, ask to speak to an attorney to ensure that your rights are protected. Remember, your right to video an officer does not give you the right to interfere with their duties. If you break a law while attempting to video or photograph an officer, there may be legal grounds for an arrest.

You should never attempt to stop the arrest of another person, even if you believe that the arrest is unjust. The best course of action is always to speak to an attorney as soon as possible. 

Contact Our Office to Learn More

Were you arrested for recording a police officer or another crime in Southern California? Contact our office today to schedule a complimentary consultation. Call (805) 208-1866 to speak directly with a knowledgeable member of our legal team.

Penalties for Various Sex Abuse Crimes in California

What Happens If You Are Convicted of a Sex Crime?

Even accusations of a sex crime can be devastating to a person’s career and reputation. Sex crimes, however, are commonly charged and carry serious penalties upon conviction. If you are charged with a sex crime in California, you need to consult with a lawyer as soon as possible.

At Ridley Defense, we provide experienced representation for individuals who have been charged with sex abuse crimes throughout Southern California. Our knowledgeable legal team will work to get you the best possible outcome in your case. Contact our office today at (805) 208-1866 to schedule a complimentary consultation. 

What Are Common Sex Crimes in California?

Sex crimes include any criminal offenses that are sexual in nature. They can range from rape and sodomy to sexual assault of a child. It is important to know that these crimes carry significant criminal penalties and should be handled by an attorney.

Common sex crimes in California:

Many, but not all, sex crimes are charged as felonies. If convicted a person could face several years in prison and may have to register as a sex offender.

What Are the Penalties for Rape in California?

A person convicted of a violation of Penal Code Section 261 could face a prison sentence of three, six, or eight years. However, certain circumstances, such as the age of the other person,  may increase a person’s prison sentence.

If the act is committed against a child over the age of 14, the prison sentence may be up to 11 years. If the child was under the age of 14, the alleged perpetrator could face a prison sentence of 9, 11, or 13 years. 

What Are the Criminal Consequences of Sexual Battery?

A person convicted of touching an “intimate part of another person” for the purpose of sexual arousal, abuse, or gratification and without consent may be charged with violation of California Penal Code Section 243.4. Criminal penalties may include a jail sentence of up to one year and a fine not to exceed $2,000 or a state prison sentence of two, three, or four years and a fine of up to $10,000.

What Are the Penalties for Aggravated Sexual Assault of a Child?

Aggravated sexual assault of a child (Cal. Penal Code Section 269) may include rape, sexual penetration, sodomy, or oral copulation of a person who is under the age of 14. The offense is considered a felony and is punishable by a prison sentence of 15 years to life.

What Penalties Are There for Statutory Rape?

California law defines statutory rape under Penal Code Section 261.5. A person who has sexual intercourse with a minor (someone under the age of 18) may be charged with statutory rape. The penalty generally depends on the age difference between the two people. 

For instance, if the person is within three years of the alleged perpetrator’s age then the matter may be charged as a misdemeanor, whereas if the person is over three years younger then it could be charged as a misdemeanor or a felony.

Charged with a Sex Crime? Contact Our Office.

Were you charged with a sex offense in Southern California? Our lawyers can help you understand your rights. We provide dedicated representation for people charged with sex abuse crimes. A conviction could result in mandatory sex offender registration restricting where you can live and work. Do not wait. Contact our office today at (805) 208-1866 to schedule a complimentary consultation.

How Aggressively Are DUIs Enforced in Ventura County?

What You Need to Know About Drunk Driving Arrest and Conviction Rates

Driving under the influence is a commonly charged crime in Ventura County and statewide. Ventura County, however, tends to heavily penalize more individuals than many other counties in the state. If you are charged with a DUI or related offense, you need to speak with a lawyer.

At Ridley Defense, we represent individuals who have been arrested for driving under the influence (DUI) in Ventura and the surrounding areas. We understand the deep impact that an arrest for an alcohol-related crime can have on a person and their family. We work hard to help put your life back together after an arrest.

If you were charged with a DUI, contact our office at (805) 208-1866 to schedule a complimentary consultation. 

Is Ventura Tough on DUIs?

Ventura County is considered tough on driving under the influence. It not only penalizes more people for DUI than surrounding jurisdictions, but the county also has a high conviction rate. It is important to remember, however, that just because you are arrested for a DUI does not mean that you will be convicted. 

What Is the Rate of Penalization in Ventura County?

According to Value Penguin, Ventura County has a higher rate of penalizing drunk drivers compared with many of its counterparts. Their research shows that, on average, California penalizes approximately 71% of the drivers that are arrested for driving under the influence. In Ventura, they penalize over 81% of individuals arrested for a DUI.

What Is the DUI Conviction Rate for Ventura?

In addition to having a reputation for penalizing a large percentage of individuals arrested on DUI charges, the county is also known for securing convictions. ValuePenguin’s findings show that Ventura rarely reduced cases. 

In 2020, the insurance website noted that not a single person received a reduction to reckless driving in the county. Ventura County does not offer this as a plea bargain, and many people have false expectations when they compare their experiences to Los Angeles County, where these plea bargains are common. This is one of the reasons it is so important to have an attorney that practices regularly in Ventura County if you have a pending case here.

What Should I Do If I Am Arrested for a DUI?

If you are arrested for driving under the influence, you need to act quickly to protect your rights. You should always contact a DUI defense attorney as early in the process as possible. It is important to remember that you could lose your driving privileges if you do not request a hearing.

 An attorney can help you request a hearing to stop the automatic suspension of your license. They will also help you determine the best way to proceed with your case. It is never too early to consult with an attorney about your case, but it can be too late. The earlier you contact an attorney, the more they can potentially do for your case, including speaking with the district attorney. 

Arrested for a DUI in Ventura County? Contact Our Office. 

Were you arrested for driving under the influence in Ventura County? Contact our office at (805) 208-1866 to schedule a complimentary consultation. Call our office today to speak directly with an experienced member of our legal team. We have decades of combined legal experience and will work hard to get you the best possible disposition on your case. 

How Long Will I Be in Jail If I Can’t Make Bail?

Strategies to Shorten Your Time in Custody

About one-third of people in jail cells across the nation serve time before they are convicted of a crime because they can’t make bail, according to the Prison Policy Institutes. In California, the average bail amount for crimes is about $50,000, an amount that many cannot reach. Even though the state has tried to change its cash-for-bail system, state lawmakers indicate that about 63% of those in California’s county jail system are those awaiting trial or sentencing.

Bail refers to the amount of money a defendant must pay for release from jail before a trial. At Ridley Defense, we represent individuals who have been arrested for a criminal offense and have difficulty getting out of jail because they can't make bail. Doug Ridley, our founding attorney, is a former Ventura County deputy district attorney.  He and his entire team have extensive experience in handling complex cases that result in high bail figures.

If you have been arrested in Southern California and can’t get out of jail, contact our office at (805) 208-1866 to schedule your complimentary consultation.

Understanding Bail

Bail is an agreement between the defendant and the court that guarantees you won’t run from the law. You agree to post a specific amount of money, ensuring you appear at your scheduled court dates. When you pay this money, you’re released from jail until your trial. You will get your money back after the trial if you make all the court dates. Those who fail to appear lose their bail money.

Many defendants and their families don’t have enough money to post bail on their own, so they turn to bail bondsmen who loan them the money. However, these companies charge a 10% fee for the money. Some bond companies will discount this fee further if you hire a private criminal defense attorney. However, many people discover they are unable to even afford the fee, so the defendant remains in jail and must look for other alternatives.

How Bail is Set in Criminal Cases

Whether the charge is a DUI or another type of offense, most jurisdictions in Southern California have a set schedule for bail. For example, the Superior Court of Los Angeles County sets a bail of $20,000 for felony arrest. The minimum recommended bail for DUI is $5,000 and frequently goes to $25,000 or more. The judge hearing the case has considerable control over setting bail and may take other circumstances into consideration.

These factors can include:

How Long Do Defendants Stay in Jail if They Can’t Make Bail?

The law states that you stay in jail until your trial date if the judge denies bail or you can’t meet the amount. Length differs according to several factors. The first is your arraignment, which usually occurs within 48 hours, with the exception of Sundays or holidays, if you can’t make bail. Your trial date is the second factor. If you can’t make bail, the judge must set the trial within 30 days of the arraignment.

However, defendants often stay in jail much longer. Your defense attorney may need more time to prepare the case, extending the trial date by another 10 days if you request it. Courts often have delays too, so it’s not uncommon to have trial dates repeatedly reset. Some defendants spend time behind bars for months before going to trial.

Challenging Bail by Requesting a Hearing

If your bail is too high or denied, your attorney can request a bail hearing before a judge to challenge the decision. You can ask the judge to reconsider not setting bail or ask for a lower amount. You may even ask the judge to let you out “on your own recognizance, meaning you will promise to return to court and stand trial.” The judge may still deny your request.

Your attorney must formally request a bail hearing. Experienced defense attorneys know which arguments will likely work for your case, as you must present compelling grounds for release.

Don’t Stay in Jail Longer Than Necessary

If you have been accused of a crime and can’t make bail, the experienced legal professionals at Ridley Defense can work to get you out before your trial. Our attorneys will work for your best interests regarding your bail and defend you at trial. Contact our team at (805) 208-1866 to discuss your case.