Everyone has certain things they expect to happen around the holidays, whether that means a special Christmas event at church, a New Year’s Eve night out with friends, a massive meal with family or a gift-giving extravaganza. But these expectations and celebrations often also lead to legal trouble and just as Halloween often results in a higher number of particular juvenile crimes. Oceanside criminal lawyer Peter M. Liss says these are some of the most common holiday crimes in California.
Holiday Domestic Violence
Whether or not domestic violence is more common during the holidays or just more commonly reported during this time of year is a matter of debate, but there’s no denying that the stress of celebrations, family, gifts and the increased use of alcohol and drugs can increase the likelihood that someone who may already be prone to violence will act out. It’s important to remember that both people may be affected by these stresses and just because someone is arrested for domestic violence doesn’t always mean they are the guilty party. An Oceanside domestic violence attorney can help fight the charges, sometimes by showing that you were only acting out of self defense.
Christmas Theft Crimes
Touching holiday specials like to remind us that Christmas is about spending time with those we love and not about gifts -but the reality is that many family members, especially kids, expect presents. When people can’t afford to buy presents, they sometimes become desperate and turn to illegal means of earning money or getting gifts, including identity theft, fraud (especially credit card or charity fraud), robbery, check forgery, counterfeiting and shoplifting. The best defense for these crimes will vary based on the specifics of the crime, which is why it is important to always speak to an Oceanside theft crime lawyer before speaking to the police.
Holiday Drunk Driving Cases
While most people expect there to be more drunk drivers out on New Year’s Eve, the prevalence of Christmas parties, friends and relatives visiting from out of town and increased holiday stress, there a lot of drunk drivers out during the entire holiday season. As a result, police often start operating more DUI check points during this time of year. Many drunk driving check points are illegally operated and police who pull drivers over for suspected driving under the influence sometimes fail to establish reasonable suspicion to stop the car or probable cause to make an arrest. In these cases, an Oceanside DUI attorney may be able to have the case dropped or the charges reduced to a wet reckless.
Wet reckless refers to a DUI charge which has been reduced to reckless driving with alcohol conditions. Typically these are reserved for low blood alcohol cases or others in which the defense lawyer has found a flaw in the prosecution case. Drug DUI’s can also be reduced to a wet reckless despite the name implying alcohol use.
