Law Office of Lance Dacre

For a free confidential consultation with an experienced American canyon criminal defense lawyer, please call attorney Lance Dacre at (707) 534-1854.

Bankruptcy: Keeping Tools of Your Trade

California bankruptcy laws are intended to relieve you of an overwhelming burden of debt, allowing you to get back on your financial feet. For that reason, if you file Chapter 7 (often referred to as a “straight bankruptcy”) or Chapter 13 (bankruptcy where you pay your debts under a plan approved by the court), you will be able to keep certain tools of your trade and business property.

What Can You Keep After Filing Bankruptcy?

Many misconceptions about bankruptcy center on what a person can keep and what will be sold to pay bills. Let’s break the question down into three parts, Chapter 13 vs. Chapter 7 bankruptcy, exempt property, and secured/unsecured loans.

Can Marijuana Found in an Illegal Search be Used in Court?

Under California law, marijuana or drug paraphernalia discovered in the course of an illegal search and seizure may be inadmissible as evidence. If the prosecutor’s entire case for a charge of possession, possession with intent to sell, or illegal cultivation of marijuana is based on such evidence, a judge may simply dismiss the case. If the prosecution has other evidence to support the charges, marijuana and paraphernalia confiscated in an illegal search and seizure will be excluded from the case.

Do Drug Tests Lie? California Drug Testing Laws

There are solid reasons for the controversy surrounding California drug testing laws, and for cases where drug test results were ruled inadmissible due to faulty practices: Invasion of privacy, Inaccurate tests, Illogical prejudice against casual users, False imprisonment by employers, Random testing of high school students, Initiating criminal charges on the basis of workplace testing, Illegal traffic stops. Workplace or institutional drug testing that is leveraged by an employer into malicious criminal charges.

California Bankruptcy: Exemptions

It is a common misconception that if you file for personal bankruptcy, you will be required to give up your house, your car, your furniture—basically, that you will lose everything. In fact, consumer debt relief measures such as Chapter 7 and Chapter 13 bankruptcy were put into place to help overwhelmed debtors get back on their feet, not to destroy them.

What is the Difference Between Assault and Battery?

The terms assault and battery are so commonly used in tandem that many people do not realize each is a separate offense, and the distinction between them. In California, assault and battery are defined under separate penal codes.

Defense When Charged with Assault and Battery

Assault and battery refer to a wide spectrum of actions, with highly subjective distinctions. A conviction at the lower end of the scale (simple assault or simple battery) may result in probation, a small fine, or a short jail sentence. Conviction for the most serious offenses, such as assault with a machine gun or assaulting a peace officer, have severe penalties—as much as twelve years in prison or a $10,000 fine and result in a strike under California’s Three Strikes law. Even a conviction for simple assault results in a criminal record and a host of related problems.

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