The Law Office Of Alicia C. Freeze, APCThe Law Office of Alicia C. Freeze, APC2026-07-07T13:39:45Zhttps://www.sandiegolegalpractice.com/feed/atom/WordPress/wp-content/uploads/sites/1504843/2021/10/fav-75x75.pngOn Behalf of The Law Office of Alicia C. Freeze, APC<![CDATA[Is there a duty to retreat in California?]]>https://www.sandiegolegalpractice.com/?p=477512026-07-02T13:40:44Z2026-07-07T13:39:45ZNo, California is not one of the U.S. states with a duty to retreat law. This means that there is no legal obligation for someone to retreat from an encounter as long as they are in a location where they are legally allowed to be.In some cases, this may just mean that the person is in public. In many cases, it means that they are in their home or residence. If they face a physical threat from another individual, they can exercise their right to self-defense without the need to first seek a way to avoid the confrontation.
Does this include deadly force?
Yes, there are situations in which an individual can use deadly force to defend themselves, as long as a reasonable person would conclude that it was a prudent response and that they had a genuine fear of death or great bodily injury.For example, if someone breaks into your home, you may be allowed to use deadly force to defend yourself or your loved ones. You can still use self-defense to justify these actions, and there is no need to retreat from your home just to avoid the confrontation.That said, deadly force cannot be used in all situations. It could still be seen as an unnecessary escalation of violence in cases where you did not genuinely fear for your own life. The force used to protect yourself must be relatively similar to the force being used against you or the threat that you face.You may find yourself facing charges for assault or related violent crimes when you believe you were just exercising your right to self-defense. In a situation like this, it is imperative that you understand all of your criminal defense options.
]]>On Behalf of The Law Office of Alicia C. Freeze, APC<![CDATA[What, exactly, is wire fraud?]]>https://www.sandiegolegalpractice.com/?p=477072026-06-17T17:57:43Z2026-06-17T17:57:43ZMany people have heard the term "wire fraud" in news reports involving federal criminal cases, but few understand what the charge actually means. Despite the name, unlawful wire fraud is not limited to complicated financial schemes or large corporations. It is a broad federal offense that can occur in a wide variety of situations involving electronic communications.At its core, wire fraud generally involves an alleged scheme to obtain money, property or something of value through false or fraudulent representations, combined with the use of interstate electronic communications. The "wire" portion of the offense refers to communications that travel through electronic systems such as telephone networks, the internet or other forms of electronic transmission.
How wire fraud offenses typically play out
In today's world, many ordinary activities involve interstate electronic communications. Sending an email, making a phone call, transferring funds electronically, submitting online forms or communicating through certain digital platforms may potentially satisfy the communication element of a wire fraud allegation. Because electronic communications routinely cross state lines, federal authorities often have jurisdiction over these cases.Examples of conduct that may lead to wire fraud allegations include investment scams, fraudulent business transactions, online sales schemes, phishing operations, false loan applications and certain forms of insurance or healthcare fraud. However, the existence of a failed business deal or an inaccurate statement does not automatically mean wire fraud occurred. In order to secure a conviction, prosecutors generally must prove more than a simple mistake or misunderstanding. Federal prosecutors typically must show that the accused knowingly participated in a scheme to deceive others. Negligence, poor judgment or an honest error may not satisfy the government's burden of proof.Because wire fraud statutes are broad and federal investigations can move quickly, anyone who learns they are under investigation should take the matter seriously. Speaking with an experienced criminal defense legal team is an ideal way to get started. ]]>On Behalf of The Law Office of Alicia C. Freeze, APC<![CDATA[Do you have to sell your shared business during divorce?]]>https://www.sandiegolegalpractice.com/?p=477092026-05-21T18:20:30Z2026-05-21T18:20:30ZYou and your spouse are joint business owners, and you have been working together for years. However, your spouse recently filed for divorce, and now you are wondering what that is going to mean for the future of your business.
Because the business is a marital asset, one tactic people sometimes use is to sell the company. They then take the proceeds from that sale, pay off any outstanding financial obligations and split up the money that remains. This is one of the most straightforward ways to address marital property division, but it is certainly not your only option.
Trading other assets
For instance, maybe you want to keep the business, but your spouse is willing to leave. You can then buy out their share in the company and become the sole owner.One way to do this is to give up other marital assets. Say that the two of you have retirement savings with roughly the same value as the business. You could keep the company but give up a claim to the retirement fund, which your ex keeps. This way, you have still properly divided assets overall, and you become the sole business owner.
Working together
Finally, do not forget that you and your spouse can continue to work together, even after the divorce. This is not for everyone. It often depends on whether you are on good terms or if it is a high-conflict divorce. But there are certainly divorced couples who simply draft an official partnership agreement and continue working as business partners long after their marriage has come to an end.No matter what tactic you decide is right in your situation, a divorce involving a business can be more complex, and it is critical that you understand your legal options.
]]>On Behalf of The Law Office of Alicia C. Freeze, APC<![CDATA[How do you use your right to remain silent in California?]]>https://www.sandiegolegalpractice.com/?p=477102026-05-07T13:18:48Z2026-05-07T13:18:48ZWhen exercising your right to remain silent in California, it is best to clearly state your intention out loud. If a police officer is questioning you during or after an arrest, simply inform them that you would like to use your right to remain silent. You do not have to explain why you are choosing to do so, and exercising this right does not incriminate you or imply guilt.You also have a right to an attorney, so you can sometimes combine the two requests. For example, you could tell the police that you are not going to answer any questions without your attorney present. This should put an end to the interrogation until you can speak with legal counsel and decide on the best course of action.
Why is your right to remain silent important?
Exercising your right to remain silent is important because it can bring the questioning or interrogation to an end. If you simply stay quiet without clearly invoking the right, police officers may continue asking questions in the hope that you eventually begin talking. Clearly stating your intentions out loud helps protect your rights.In a general sense, the right to remain silent is crucial because anything you say can potentially be used against you if charges are filed and the case goes to trial. People sometimes try to talk their way out of an arrest and accidentally say something that makes them appear guilty, even if they are not. These mistakes can make the situation far more complicated, which is why it is often best to say nothing at all.After an arrest, you can work with your attorney to carefully consider all of your legal defense options based on the charges you face.
]]>On Behalf of The Law Office of Alicia C. Freeze, APC<![CDATA[How drug courts help adults accused of criminal offenses]]>https://www.sandiegolegalpractice.com/?p=477112026-04-21T03:17:27Z2026-04-21T03:17:27ZDrug court helps address addiction
The drug courts are different from the standard criminal courts because they specifically focus on oversight to facilitate rehabilitation. Defendants with verifiable substance abuse disorders may be eligible for drug court proceedings that require treatment and submission to regular drug tests.
The goal is to achieve and sustain sobriety. Every county has its own drug court requirements. In San Diego County, drug court proceedings typically last at least 18 months. Only non-violent offenders are eligible.
The requirements may include group and individual therapy, residential treatment programs and case management through the courts. The program can result in the dismissal of drug charges for some defendants.
Having experienced legal guidance after a drug-related arrest can help people understand their options. Adults facing drug charges and addiction-related offenses in California may sometimes be eligible for drug court proceedings that help them address their substance abuse issues and improve their circumstances.]]>On Behalf of The Law Office of Alicia C. Freeze, APC<![CDATA[Using the exclusionary rule to weaken a prosecutor’s case]]>https://www.sandiegolegalpractice.com/?p=477122026-04-06T10:55:32Z2026-04-06T10:55:32ZImproper police conduct can lead to useless evidence
The Fourth Amendment protects people from unreasonable searches and seizures of their property. Police officers must uphold the rights of everyone, even those they suspect of criminal activity.
When criminal defendants can show that police officers violated their rights or conducted an illegal search, that misconduct can provide grounds to suppress or exclude that evidence. An attorney who demonstrates to the courts that the collection of evidence violated the law or the rights of a defendant can ask the courts to prevent the prosecutor from presenting that ill-gotten evidence during the trial.
Looking at every possible solution for pending criminal charges can help people who want to avoid convictions. Evidence suppression is one of several tactics that can help weaken the state's case.]]>On Behalf of The Law Office of Alicia C. Freeze, APC<![CDATA[How much impact does proof of fault have on California divorce?]]>https://www.sandiegolegalpractice.com/?p=477132026-03-20T01:18:40Z2026-03-20T01:18:40ZCalifornia is a pure no-fault state
Some states allow spouses to file fault-based divorces if there is proof of qualifying grounds, such as adultery or abandonment. California was the first state to adopt a no-fault divorce law and remains a pure no-fault state.
The family courts do not hear fault-based divorce cases. They generally do not consider marital misconduct when making decisions regarding the distribution of marital property, alimony or the allocation of parenting time.
There are limited exceptions to this general rule. In cases involving substance abuse or domestic violence, proof of misconduct could influence what the courts view as appropriate for child custody arrangements. If there is evidence of intentional financial misconduct during the divorce, that could alter how the courts divide property or assign responsibility for debts.
For many people preparing for divorce, spending time and possibly money trying to gather proof of marital misconduct is typically an investment that does not yield any valuable returns. Discussing what led to a divorce filing with an experienced legal professional can help spouses determine if submitting proof of fault is worthwhile in their case.]]>On Behalf of The Law Office of Alicia C. Freeze, APC<![CDATA[Why all Californians should know about the 911 Good Samaritan Law]]>https://www.sandiegolegalpractice.com/?p=477142026-03-04T09:32:37Z2026-03-04T09:32:37ZIt can take only seconds for “casual” drug use to turn deadly. When someone is suffering an overdose, getting emergency help can mean the difference between life and death. Unfortunately, people who are with the overdose victim too often flee the scene without reporting it for fear that they and the victim will end up in jail.
Not enough people know that California, like other states across the county, has a “Good Samaritan” law that provides immunity from certain drug-related charges if the possession or use is discovered only because someone called 911 or otherwise sought help for someone experiencing an overdose. The goal of these immunity laws is to encourage more people to call for help and ultimately save lives.Some state laws are more generous than others. Let’s take a brief look California’s “911 Good Samaritan Law.”
What does California law say?
California law states that “it shall not be a crime for a person to be under the influence of, or to possess for personal use, a controlled substance, controlled substance analog, or drug paraphernalia, if that person, in good faith, seeks medical assistance for another person experiencing a drug-related overdose…” The immunity extends to the person “who experiences a drug-related overdose and who is in need of medical assistance….” whether they seek help for themselves or someone else does. It can also extend to “one or more other persons at the scene of the overdose” who seek emergency help.Under the law, seeking medical assistance “includes any communication made verbally, in writing, or in the form of data from a health-monitoring device, including, but not limited to, smart watches….”It’s important to note that the law applies only to the drug-related charges specified in the statute. It doesn’t apply to more serious drug charges like trafficking or other criminal offense that officers might find evidence of, like stolen goods or illegal weapons.Overdose scenes can be confusing and chaotic. The law can’t provide a guarantee that no one will ever be wrongly arrested or even charged. If that happens, getting experienced legal guidance as soon as possible can help people protect their rights.]]>On Behalf of The Law Office of Alicia C. Freeze, APC<![CDATA[Does a sealed record still exist?]]>https://www.sandiegolegalpractice.com/?p=477152026-02-18T15:12:53Z2026-02-18T15:12:53ZIn California, one form of post-conviction relief (PCR) is to have your record sealed. This can be done through a court order, so it is very important to know the correct legal steps to take to request that the record be sealed and make your case.
If that request is granted, then, does that mean that the record has been erased? After all, many people want to seal their records because they would like a fresh start, so it would be best for them if that record did not exist at all.
It is sealed from public view
The record does still exist, but sealing it hides it from public view. Technically, it can be unsealed in some situations with another court order, or certain branches of government may still be able to access it. If you are arrested for a crime in the future, for instance, the authorities may be able to see that you had a prior arrest.But the benefit of sealing the record is that it can allow you to move forward with your life as if that conviction did not happen. Many people struggle to find employment because they have a permanent record, for example, even though it may be decades old. Once the record has been sealed, if a prospective employer runs a background check, it is not going to come up. This can allow people to rebuild their lives after serving their sentence, so it is a very valuable form of post-conviction relief, even though the record is not technically erased.As noted above, this is a complex legal process and you must know exactly what steps to take to explore your post-conviction relief options.]]>On Behalf of The Law Office of Alicia C. Freeze, APC<![CDATA[When should you tell your spouse you want a divorce?]]>https://www.sandiegolegalpractice.com/?p=477162026-02-06T17:23:11Z2026-02-06T17:23:11ZIf you have concluded your marriage is not working, but are wondering when the right time is to tell your spouse you want a divorce, you are not alone. This is one of the questions people ask themselves earlier in the process.
Well, there is no perfect time to initiate a divorce conversation, but timing is significantly important. You want to start the discussion:
When you are sure
It’s not uncommon for a spouse to say they want a divorce during an argument, and then calm down and continue as if nothing happened. Doing this can negatively impact trust in a marriage and create insecurities. Once you tell your spouse you want a divorce, you cannot take it back. You may notice an emotional distance, which can be a major problem when you realize the underlying issue can be resolved. You should only tell your spouse you want a divorce when you are sure you want it. This means you have taken the necessary steps to save the marriage, including deeply reflecting on the underlying issue, seeking individual and couples counseling and getting support from loved ones.If, after doing your best to make the marriage work, you believe divorce is the best solution, it may be time to talk to your spouse.It’s vital to prepare for the conversation. Plan what to say and how to say it. Also, choose a time when you can have an uninterrupted conversation, such as a weekend morning. The best location for the talk is a private, neutral and quiet setting, preferably your home. Additionally, prepare for your spouse’s possible questions and reactions.Having the initial divorce conversation can be difficult, but you can do it successfully. After that, you should learn as much as you can about the divorce process. ]]>