The Law Office Of Alicia C. Freeze, APCThe Law Office of Alicia C. Freeze, APC2024-03-27T04:27:35Zhttps://www.sandiegolegalpractice.com/feed/atom/WordPress/wp-content/uploads/sites/1502551/2021/10/fav-75x75.pngOn Behalf of The Law Office of Alicia C. Freeze, APChttps://www.sandiegolegalpractice.com/?p=473152024-03-27T04:27:35Z2024-03-27T04:27:35Z1. Document your recovery
About 9% of Californians 12 and older have a substance use disorder. As part of your recovery, enroll in rehabilitation programs, outpatient counseling or support groups tailored to your specific needs. Document your attendance, progress and participation. They serve as evidence of your commitment to recovery.
2. Provide evidence of regular drug testing
Consistent drug testing offers tangible proof of sobriety and adherence to treatment protocols. Submit to regular screenings. Maintain comprehensive records of the results.
3. Get supportive letters or testimonials
Get letters or testimonials from healthcare professionals, therapists or counselors involved in your treatment. These professionals can verify your progress, compliance with treatment plans and commitment to recovery. Their statements can carry a lot of weight showing that you are ready for child custody responsibilities.
4. Maintain stable housing and employment
Stable housing and employment play major roles in your ability to provide a suitable environment for your child. Demonstrate stability by maintaining steady housing and employment situations. Provide documentation such as lease agreements, utility bills and employment records.
5. Participate in parenting classes or counseling
Parenting classes or counseling show your willingness to work on your parenting skills. They can also help address any underlying issues affecting your ability to care for your child.
6. Demonstrate consistent childcare arrangements
Get suitable childcare arrangements for times when you may be unavailable due to treatment or other commitments. Document these arrangements to provide assurance of your child's ongoing care and stability.
Navigating child custody proceedings while undergoing treatment for substance use issues requires a strategic approach. With a few steps, you can present compelling evidence that you can handle custody responsibilities.]]>On Behalf of The Law Office of Alicia C. Freeze, APChttps://www.sandiegolegalpractice.com/?p=473142024-03-11T19:57:46Z2024-03-12T19:56:55ZPenalties for fentanyl offenses
Individuals caught with even small amounts of fentanyl can face serious legal consequences, including hefty fines and lengthy prison sentences. The severity of the punishment often depends on factors such as the quantity of fentanyl involved, prior criminal history and whether the individual intended to distribute the drug.
Dangers of fentanyl
Fentanyl poses significant risks to public health and safety. Its potency makes it particularly dangerous, often leading to overdose and death. In addition, it is often mixed with other substances, increasing the likelihood of adverse reactions and fatalities.
Addressing the cause
While law enforcement plays an important role in combating the illicit fentanyl trade, addressing the root causes of substance abuse is equally important. This includes:
Implementing measures to reduce the availability of illicit drugs
For those struggling with addiction, help is available. Counselors, support groups and treatment centers are available to help people break free.
The fight against fentanyl misuse and abuse requires a comprehensive approach that involves collaboration between law enforcement, healthcare providers, community organizations and individuals. Combating the crisis creates a safer, healthier future for all.]]>On Behalf of The Law Office of Alicia C. Freeze, APChttps://www.sandiegolegalpractice.com/?p=473132024-02-28T03:18:31Z2024-02-28T03:18:31ZInvoluntary manslaughter
Involuntary manslaughter is the unintentional killing of a person due to reckless or negligent behavior. It differs from voluntary manslaughter, which involves an intent to harm but not necessarily to kill. Involuntary manslaughter can happen in many contexts. Often, these cases involve a lack of care or disregard for the safety of others.
Nurses and other healthcare workers may face charges of involuntary manslaughter. This happens when a patient dies due to alleged negligence or recklessness. These cases hinge on proving that the medical professional broke the accepted standards in a way that a reasonable healthcare provider would not. The prosecution must demonstrate that this breach of duty led to an unintended death.
Las Colinas case
The Las Colinas Detention Facility case revolved around the unfortunate death of an inmate who suffered complications from substance abuse while in custody. Seizures and an early extrauterine pregnancy likely contributed to the young woman's death.
The prosecution alleged that the detention facility nurse, along with a physician colleague, failed to provide adequate care. However, Alicia C. Freeze successfully argued that her client followed standard procedures. After more than three weeks of intense trial proceedings, the jury found the nurse not guilty.
This case exemplifies the critical role defense strategies play in ensuring fairness and justice. With the right representation, individuals can navigate tough legal challenges and the judicial process can stay fair.]]>On Behalf of The Law Office of Alicia C. Freeze, APChttps://www.sandiegolegalpractice.com/?p=473102024-02-10T20:50:13Z2024-02-13T20:49:50ZThe legal perspective
In California, joyriding falls under the broader category of "unauthorized use of a vehicle." According to California Vehicle Code Section 10851, it is illegal to take, drive or use a vehicle without the owner's consent. This includes joyriding scenarios where individuals take a vehicle without permission, even if their intention is not to keep it permanently.
Potential charges
Individuals may face misdemeanor or felony charges. If the joyriding incident involves aggravating factors such as causing damage to the vehicle, evading law enforcement or using the vehicle in the commission of another crime, the charges and penalties can escalate.
Automobile theft charges
While joyriding itself may not always result in automobile theft charges, it can potentially lead to such charges if the circumstances meet the criteria for theft. If the joyriding extends beyond a temporary joyride and authorities believe the individual intended to keep or permanently deprive the owner of their vehicle, authorities may classify the offense as theft.
Individuals convicted of joyriding or automobile theft in California may face fines, probation, community service, restitution to the vehicle owner for damages and even imprisonment, particularly for felony charges.
Joyriding, which people often see as a momentary thrill, can have long-lasting consequences.]]>On Behalf of The Law Office of Alicia C. Freeze, APChttps://www.sandiegolegalpractice.com/?p=473092024-01-27T20:23:11Z2024-01-30T20:22:16ZFelony charges for minors
California law acknowledges that some crimes committed by juveniles can be severe enough to warrant felony charges. Felony offenses are more serious than misdemeanors and can result in more severe consequences. The California Department of Justice outlines situations when adult-level felony charges may be appropriate for juveniles, including instances of aggravated assault and certain drug offenses.
Criteria for felony charges
For a juvenile to face felony charges in California, the alleged offense must meet certain criteria. The severity of the crime, the minor's age and the minor's criminal history are all factors considered by the legal system. If a juvenile stands accused of committing a particularly heinous crime or has a history of repeated offenses, the court may be more inclined to transfer the case to an adult court.
While juveniles in California can certainly face felony charges, the legal system places a strong emphasis on rehabilitation. The decision to pursue felony charges involves careful consideration of the circumstances, with the ultimate goal of helping young individuals learn from their mistakes and reintegrate into society.]]>On Behalf of The Law Office of Alicia C. Freeze, APChttps://www.sandiegolegalpractice.com/?p=473082024-01-18T21:57:45Z2024-01-18T21:57:45ZFinancial ramifications
Decisions driven by anger, guilt, resentment, sadness or even happiness may lead to hasty agreements that favor one party over the other. The division of assets and liabilities in California follows community property laws. Emotional choices may result in an uneven distribution that could impact one's financial stability post-divorce.
Child custody issues
About 19% of San Diego residents are children, and emotions often come into play when determining child custody arrangements. Decisions influenced solely by feelings may not align with the best interests of the child. California family courts prioritize the welfare of the child, and emotional decisions may lead to unfavorable custody outcomes.
Lengthy legal battles
Emotional decisions can contribute to protracted legal battles, further complicating the divorce process. In California, where the legal system aims for efficient resolution, emotional choices may hinder a swift conclusion. Lengthy legal battles not only increase emotional distress but also escalate legal costs, impacting both parties financially.
Communication breakdowns
Emotional decision-making often leads to communication breakdowns between divorcing spouses. Effective communication is important for reaching agreements on issues such as property division and spousal support. Emotional choices can create animosity, hindering the ability to negotiate and find mutually beneficial solutions.
Mental and emotional well-being
Making emotional decisions in a California divorce can take a toll on one's mental and emotional well-being. The stress of legal proceedings combined with emotionally charged choices can contribute to anxiety and depression.
Emotional decision-making may provide temporary relief but can have lasting negative consequences. By prioritizing clear-headed decision-making, individuals can build a more stable foundation for the future.]]>On Behalf of The Law Office of Alicia C. Freeze, APChttps://www.sandiegolegalpractice.com/?p=473072024-01-06T16:50:16Z2024-01-06T16:50:16ZEmotional and psychological abuse
Emotional and psychological abuse can be as damaging as physical violence. It includes behaviors such as belittling or constantly criticizing a partner, controlling their movements or decisions and isolating them from friends and family. If you find yourself frequently making negative comments about your partner’s appearance, abilities or worth, it could be a sign of emotional abuse.
Financial control
Financial control is another form of domestic violence that involves controlling a partner’s access to their resources. This control makes it difficult for them to be financially independent or make decisions about their own money. If you are making decisions about your partner's finances without their consent or restricting their access to money, you might be committing financial abuse.
Domestic violence is a serious issue, and it is important to recognize all its forms. If you identify behaviors in yourself that might be abusive, it is important to seek help and learn healthier ways of relating to your partner. Awareness and change are key to preventing domestic violence and avoiding charges from the police. Remember, it is important to base healthy relationships on mutual respect, trust, and open communication, not control and fear.]]>On Behalf of The Law Office of Alicia C. Freeze, APChttps://www.sandiegolegalpractice.com/?p=473062023-12-20T17:09:52Z2023-12-20T17:09:52Z1. Restoration of rights
Post-conviction dismissal marks an important turning point because it brings about the restoration of your rights. Doors that were once closed swing open, offering access to opportunities that may have seemed out of reach. With the dismissal on your record, you regain the ability to vote, serve on a jury and pursue careers that were previously off-limits.
2. Employment prospects
One of the most significant impacts of a post-conviction dismissal is the positive transformation it brings to your employment prospects. Employers often scrutinize criminal records during the hiring process. With a dismissal, your chances of securing a job increase significantly. This newfound opportunity not only provides financial stability but also contributes to your personal growth and self-esteem.
3. Educational pursuits
Education is a powerful tool for personal development, and a post-conviction dismissal can remove barriers that hinder your academic journey. Many educational institutions consider criminal records when admitting students. With a dismissal, you can pursue higher education without the shadows of the past looming over your aspirations.
4. Rebuilding relationships
Criminal convictions can strain relationships with friends, family and the community. A post-conviction dismissal allows for the rebuilding of these connections. Freed from the stigma of a conviction, you can work towards rebuilding trust and strengthening bonds with those who matter most in your life.
5. Community integration
Being an active and engaged member of the community is important for personal growth and societal well-being. A post-conviction dismissal facilitates your reintegration into the community. You can become a positive force, contributing your skills and experiences to make a difference.
A post-conviction dismissal is a beacon of hope, illuminating a path toward a brighter future. As you navigate through life beyond the shadows of a past mistake, remember that each opportunity seized and every goal achieved contributes to a narrative of resilience, redemption and triumph.]]>On Behalf of The Law Office of Alicia C. Freeze, APChttps://www.sandiegolegalpractice.com/?p=473052023-11-30T18:54:53Z2023-12-04T18:54:45Z1. Develop a strong defense
The prosecutor must prove several factors to establish guilt. The prosecution will attempt to show that you intended to defraud the person or business. Find ways to counter the prosecution’s arguments. Showing good faith, a lack of intent, asserting authority or emphasizing the absence of a demand for property return are legitimate potential strategies.
2. Know the amount of the accused embezzlement
The penalties vary based on the monetary value. In petty theft, the alleged embezzlement involves less than $950.00. If the item's value exceeds $950.00, felony grand theft applies.
3. Maintain an effective public relations strategy
These cases can be intricate, involving detailed financial transactions. Fraud charges, especially those at the felony level, often receive extensive national media coverage. Acknowledge the situation's complexity and prepare for a thorough investigation. Be mindful of how others may perceive your actions. Your response can impact both legal proceedings and public opinion. Maintaining transparency can be a valuable strategy.
4. Explore all possible resolutions
While rare, jail time is possible. According to a report by the Federal Bureau of Prisons, as of November 2023, less than 2% of inmates were in prison for banking and insurance fraud, embezzlement or counterfeit crimes. Negotiate a resolution that addresses the concerns of all parties. The value of restitution can influence the outcome.
Work toward restitution to mitigate the impact on your assets. A cooperative approach may contribute to a more favorable resolution.]]>On Behalf of The Law Office of Alicia C. Freeze, APChttps://www.sandiegolegalpractice.com/?p=473032023-11-16T02:57:27Z2023-11-17T02:56:26ZCrimes requiring submission
California law enforcement has the right to request a DNA sample following your booking for any felony offense. This evidence could become part of the case at hand, and police may also enter it into a database to link you to unsolved crimes or ongoing investigations.
When your arrest is for a misdemeanor, you generally have the right to refuse to provide DNA unless there is a specific court order requiring it. Additionally, the California Office of the Attorney General indicates that arrests not followed by bookings do not require the submission of samples.
Challenges to collection
Lawyers have challenged that mandatory DNA collection infringes upon an individual's privacy rights and amounts to an unreasonable search. However, laws protecting this practice are consistently upheld as constitutional, both at the state and federal levels.
Consequences for refusal
If you refuse to provide a DNA sample upon a felony booking, prosecutors may use it against you in court. You could also face a misdemeanor charge that is punishable by a fine of up to $500 and as long as a year in jail.
Before you consent to give your DNA to law enforcement after an arrest, be sure you understand if it is a requirement to do so.]]>