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the law offices of omar gastelum and associates plc los angeles and newport beach
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2017 California Guidelines for Growing and Carrying Marijuana

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You’ve probably heard that, as of November 9 of last year, recreational marijuana is now legal in California. And yet you cannot yet go buy it in stores, and no dispensaries are legally allowed to sell it to you if you do not have a medical prescription. On top of that, marijuana...
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When Can Law Enforcement “Wiretap” a Person

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The concept of “wiretapping” has been in the news lately with claims that the former President “wiretapped” the sitting President. And any fan of gritty crime shows and movies like “The Wire,” “The Sopranos,” or “The Conversation” knows that wiretapping and other forms of...
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Can the Police Search My Home Without a Warrant?

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It’s rarely a good sign when the police come knocking at your door. But when the police come to your house looking for evidence of a crime, this can be an extremely dangerous situation, and how you respond can be critical to defending yourself or a family member from criminal...
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Can You Be Convicted of a Crime in CA if Someone Else Actually Committed It?

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One of the biggest misconceptions that people have about the criminal law is that they can only be convicted of the crime if they themselves took the actions which constituted the crime. Thus, a person might think that if he merely took some seemingly legal action of telling a...
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Facing Assault Charges: Proving Self-Defense

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There are two sides to every story in an assault charge and figuring out who was the innocent victim and who was the criminally liable aggressor often comes down to a matter of which story to believe. At the same time, however, California law provides a valid self-defense to...
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What the Legalization of Marijuana Means for California Criminal Law

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On November 8, 2016 California voters took the historic step of legalizing the recreational use of small amounts of marijuana, effective immediately. The steady decriminalization of marijuana in California has come a long way over the past several decades. It may seem hard to...
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Can Your Internet Search History Be Used Against You in Court?

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More and more, when we want answers to a burning question or simply want to gather information or entertain ourselves, we turn to Google or some other search engine to get us where we want to go on the internet. This is especially likely to be true when we have an issue we do not...
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New CA Law Ends Ten-Year Statute of Limitations on Rape Cases

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The principle of the statute of limitations for bringing criminal charges against an individual has been part of our justice system since our nation’s founding. There are a number of reasons for having a statutes of limitations, which we will discuss below. The state of...
Marijuana and a gavel together for many legal concepts on the drug.

New Marijuana Breathalyzers Being Tested in California

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The “breathalyzer” – first introduced as a way to test for alcohol intoxication in the 1960s and made widely available by the end of the 1970s – radically changed the way law enforcement across the US patrolled drunk driving, giving police officers immediate evidence...

Does the Hacking of Leslie Jones’ Website Qualify as Revenge Porn?

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Saturday Night Live star Leslie Jones has been in the news quite a bit this summer. She starred in one of the summer’s biggest movies, Ghostbusters, and even helped with NBC’s coverage of the Rio Olympics, but her presence in the media has exposed some of our society’s worst...