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Recent Blog Posts

Actions that Constitute a Criminal Threat in California

By Schwartzberg | Luther, APC |

In California, in order to be convicted of criminal threats, a prosecutor must be able to establish beyond a reasonable doubt, all of the elements of the offense.  If your actions do not meet all of the elements that constitute criminal threats, then you cannot be convicted of the offense.  The following discusses the… Read More »

Can I Drink Alcohol in My Vehicle if it is Parked?

By Schwartzberg | Luther, APC |

You might be wondering if you can be charged with a DUI just for sitting and drinking alcohol in your parked vehicle.  Whether or not law enforcement charges you with DUI will depend on the circumstances of your case.  Under California law, you can be convicted of DUI just for sitting in a parked… Read More »

Will I Go To Jail If I Am Charged With A Felony?

By Schwartzberg | Luther, APC |

Crimes that are considered felonies are considered more serious than misdemeanor offenses. However, not all felonies are on the same level of seriousness.  Moreover, not all individuals receive the same sentences even if they are found guilty of the same criminal offense.  Felony sentences will typically depend on the facts and circumstances of the… Read More »

California’s Grand Theft Laws

By Schwartzberg | Luther, APC |

In California, a theft offense is considered the unlawful or illegal taking of the property of another individual.  Under circumstances where the value of the property that is taken is $950.00 or more, the offense is usually characterized as grand theft according to Section 487 of the Penal Code.  Even if someone is arrested… Read More »

Using Bartenders to Prevent Drunk Driving

By Schwartzberg | Luther, APC |

In California, there are laws and programs in place that are meant to deter or prevent drunk driving.  But despite these laws and programs, many individuals still choose to drink alcohol and get behind the wheel causing accidents and injuries.  So what else might be done in order to stop people from driving while… Read More »

What Happens if My Car is Impounded After a DUI in California?

By Schwartzberg | Luther, APC |

  If you have ever been arrested for DUI in California, you know that there is a real possibility that you can lose your vehicle.  During a DUI stop and arrest, a law enforcement officer may do one of a few different things.  They may let a sober driver take the car and drive… Read More »

What Happens When I Violate My Terms of Probation?

By Schwartzberg | Luther, APC |

When you are charged with a crime in California, you are innocent unless and until you are proven guilty, and the prosecutor must be able to establish that you committed every element of the crime beyond a reasonable doubt.  But when it comes to probation violations, the burden of proof is less substantial, and… Read More »

Experienced Victorville Criminal Defense Lawyer Discusses Robbery Offenses in San Bernardino County

By Schwartzberg | Luther, APC |

A robbery is considered the taking of another individual’s property against their will by use of force or by means of fear.  The use of force might involve physical force, or it can involve the use of a deadly weapon.  The offense of robbery is different from theft or burglary because robbery actually involves… Read More »

Experienced Rancho Cucamonga Criminal Defense Lawyer Discusses Probation in California

By Schwartzberg | Luther, APC |

  If you have been arrested and charged with a crime in California, you might have questions about probation and whether it is available to you.  Depending on your charges and your criminal record, there are different levels of probation that may be possible.  If you are facing criminal charges, you might be eligible… Read More »

Frequently Asked Questions Regarding Post Conviction Relief, Part II

By Schwartzberg | Luther, APC |

  The following frequently asked questions are a continuation of the discussion on post-conviction relief options: Q:  What is post-conviction relief? A:  Post conviction relief is an area of criminal law where an individual who has been convicted of a criminal offense attempts to modify or reverse their conviction.  As mentioned previously, some examples… Read More »

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