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May 2017 Archives

The benefits of a judge trial versus a jury trial

One common question criminal defense attorneys get asked by their clients is whether it's in their best interest to pursue a trial by judge or jury. While the circumstances surrounding the crime you've been charged with will greatly impact the choice you make, each has their own unique benefits.

Sentencing in California identity theft cases

Identity theft is a crime that has the potential to not only rob an individual of hard-earned financial resources or credit rating, but to adversely impact a person's reputation. This is one of the reasons states like California prosecute the illegal obtaining, intention or actual use of another's personal information so aggressively.

Man arrested in connection with large beehive theft

Federal crimes come in all shapes and sizes, as one suspect learned recently after officials arrested him in connection with the theft of some peculiar property. Officials believe the man is responsible for the theft of bees and beehives worth nearly $1 million. According to reports, similar thefts occurred in six separate counties throughout the state, adding up to one of the largest and most geographically diverse bee thefts on record.

Labratory testing possession evidence

Drug possession is one of the most frustrating and dangerous varieties of non-violent charges a person may face. Even in California, which has famously relaxed laws regarding certain drugs, drug possession can still land you in serious trouble if they lead to a conviction. With a drug conviction on your record, you may have a much more difficult time finding work or securing a place to rent. It is vitally important to fight any drug possession charge with every tool at your disposal — you are quite literally tithing for your own future.

Property crime continues to be a problem in Orange County

If the numbers of car burglaries in Orange County were not alarming enough in 2015, they saw very little improvement in 2016. This unnerving trend has led police to back out into the streets, going door-to-door with volunteers to warn county residents about the importance of not only keeping their car doors locked and valuables out of sight, but to notify law enforcement of any suspected suspicious activity in their area as well.

Owner of rehab facilities accused of taking $176 million

A judge with Los Angeles Superior Court ruled that prosecutors presented enough evidence necessary to move forward in trying the case of insurance fraud it had brought against a 55-year-old man. The man stands accused of having stolen his clients' identities, using their information to purchase health insurance policies without their consent and then double billing the insurers for services not rendered.

What constitutes the federal offense of kidnapping?

Kidnapping is defined as the removal of an individual from one location to another without his or her expressed consent. It can also refer to an individual being held in a confined space for a specific period of time as well. It's a crime that is considered either a violation of state or federal law depending on the unique circumstances of a particular case.

An car accident ends in a 9th DUI charge for an Orange County man

An Orange County man finally got his day in court Monday, March 6, 2017, weeks after having wrecked his car on South Lakeview Avenue in Placentia on January 29. The 52-year-old man has reportedly been charged with Driving Under the Influence (DUI) nine times in the past six years. Of those nine, four have resulted in felony DUI convictions.

What if I'm injured while on another person's property

If you recently found yourself facing trespassing charges, you may have more legal options than you realize. Proper representation from an experienced attorney can help you navigate this tricky legal area, while ensuring that your rights remain protected in the process. Furthermore, if you were injured on someone else's property, even if it resulted in your trespassing charges, you may have grounds for a personal injury lawsuit.

What is the missing drugs defense?

Drug possession charges can carry some of the heaviest penalties of any non-violent conviction, and the news is constantly reminding us that America has an exceptionally high rate of incarceration for drug offenses. Even though the public attitude toward some drugs seems to be shifting, the law is slow to follow, and the new presidential administration has expressed that the previous administration's lax approach to enforcing federal marijuana law is not likely to continue. Considering these factors, you should not make the mistake of thinking that a drug possession charge should be taken lightly.

Identity theft and its impact on rates of welfare fraud

Each year, applicants end up receiving government benefits they otherwise would not qualify for as a result of engaging in welfare fraud. Whether it be a result of either inadequate or inconsistent monitoring, lawmakers argue welfare fraud has reached pandemic status across the United States.

Can an officer always search my vehicle?

If you are facing drug charges, then you may be tempted to panic. While it is true that drug charges can be very serious and carry heavy penalties for non-violent crimes, there are many ways that a skilled attorney can use the law in your favor to fight the charges. Instead of panicking and possibly making a poor decision, it is wise to consult with a legal professional to understand the nuances of your situation and how you should go about fighting the charges. One useful defense to drug charges is identifying ways that the officer who charged you with the crime may have broken protocol or violated your rights in the process.

Driver alleged to have assaulted developmentally disabled

A 56-year-old Orange County, California, man was arrested on Wednesday, April 26, 2017, and is facing three counts of sexual assault after he allegedly took advantage of three women with developmental disabilities that he was responsible for transporting. His arraignment was scheduled to be held at the Orange County Superior Courthouse in Santa Ana on Friday, April 28, 2017.

Attorney general signals tighter rule enforcement for businesses

The era of Attorney General Jeff Sessions is just getting underway, and it's still anyone's guess how that will truly affect the law of the land. Many of the headlines have referenced his stated focus on violent crime and tightening the immigration and deportation system, but that may not be all that Sessions has in mind. Recently, he spoke out about the need to reign in white collar crime as well.

School board president charged with possession of child porn

The 50-year-old president of the Buena Park School Board was arrested on Friday, April 21, 2017, on suspicion of having distributed child pornography. The man faces two distinct felony charges, one having to do with possession of child pornography and the other having to do with transporting of the obscene material into the state.

Pot entrepreneurs may be targeted under Trump administration

California is at the center of an interesting legal conflict that remains unresolved and poses some potential serious risks to entrepreneurs. While marijuana has been legalized for recreational use here, it remains a federal crime to possess or distribute it, especially to other states. Under the current administration, there may soon be some acts of force employed to attempt to exercise federal power over state sovereignty, and California entrepreneurs who want to get in on a good opportunity could find themselves caught in the middle of a state and federal power struggle.

Reasonable doubt and intent to distribute charges

In order to be convicted in a trial, the prosecution must be able to clearly demonstrate that the defendant committed the crime for which he or she is charged. To get a conviction, the prosecution must show beyond a reasonable doubt that the defendant is guilty. And one of the most serious crimes in which the reasonable doubt standard is important is that of possession with intent to distribute illegal substances.

2 OC residents are alleged to have engaged in securities fraud

A case of alleged securities fraud and property damage long under investigation by the Orange County Bureau of Investigations has resulted in two Orange County, California, residents being arrested. One of the defendants, a 51-year-old male, was already jailed on other charges at the time his 58-year-old female co-defendant was taken into custody on March 24, 2017, by officers with the Anaheim Police Department.

Understanding what is considered self defense in California

Like many states across the country, an individual's right to use deadly force to protect both his or her person and property is widely accepted in California as well. Under California Penal Code § 198.5 - 199, otherwise known as the Castle Doctrine, a claim of self-defense can be utilized in one of two situations.

Prosecution must prove several elements in sexual battery cases

A sexual battery charge could throw your whole world into turmoil. First, there is the social stigma associated with being accused of physically violating another person. And then there are the legal costs and awkwardness inherent in having to defend yourself.

Which internet-related crimes are also violations of federal law?

In an increasingly digital era that we live in, a whole new breed of stalking has become commonplace in the form of cyberstalking and online harassment. While California was the first state to implement anti-stalking laws back in 1990, as far as stalking via the internet is concerned, the federal government prosecutes most cases carried out through that medium.

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