Identity Theft Punishment: What are the consequences of I.D. theft ?
Identity Theft Punishment in California Identity theft and computer crime are typically prosecuted as fraud in California, and both offenses are usually “wobblers” – meaning the prosecutor has the option of charging you with a misdemeanor or a felony depending on: The circumstances of the offense; and Your criminal background. You could face up to one year in jail and/or a maximum $5000 fine if you are convicted of misdemeanor…
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The Felony Murder Rule: How a Dangerous Felony Can Turn into Murder Charges – Penal Code Section 189
The Felony Murder Rule: How a Dangerous Felony Can Turn into Murder Charges - Penal Code Section 189 California law describes murder as the intentional and malicious killing of another person or unborn child (Penal Code Section 187). However, committing certain crimes that result in a killing, even accidentally, can elevate the charges against you to murder. This is what is known as the “felony murder rule." Felony murder, unlike…
Read MoreWhy Can’t Criminal Defense Attorneys Tape Witness Statements without Consent while Cops Can?
Why Can’t Criminal Defense Attorneys Tape Witness Statements without Consent while Cops Can? For years, it has been deemed legal by our courts to permit law enforcement to tape conversations with suspects and witnesses without their knowledge. Those tape recordings are used by prosecutors on a regular basis in their attempt to obtain convictions. However, criminal defense attorneys who are fighting for justice and doing all they can to see…
Read MoreHow Sexual Battery Charges Affect Your College Career – Penal Code Section 243.4
How Sexual Battery Charges Affect Your College Career – Penal Code Section 243.4 College football fans in Tallahassee, Fla. are rejoicing today knowing that Jameis Winston, star quarterback of the top-ranked Florida State Seminoles and favorite to win the Heisman Trophy, won’t have to face sexual assault charges. His college career remains unaffected and he is on track to play in the biggest college football game of the year, the…
Read MoreNew Law Prohibits Asking About Criminal Convictions on State Job Applications
New Law Prohibits Asking About Criminal Convictions on State Job Applications On Oct. 11, California Governor Jerry Brown signed Assembly Bill 218 clarifying what the government can ask you on state and local government job applications. With this newly signed law, California joins nine other states with similar legislation. Essentially, AB 218 prohibits state and local agencies from asking about criminal convictions on state job applications. The law bans state…
Read MoreDrug Treatment under Proposition 36 may still be Available after Previous Failures in California – PC 1201.1
Drug Treatment under Proposition 36 may still be Available after Previous Failures in California - PC 1201.1 In a recent California Court of Appeal case that should be of interest to anyone who has previously failed to complete drug treatment under Proposition 36 “Drug Treatment” laws¹, the court held that prior refusals to complete treatment does not disqualify eligibility in a future case. People v. Juhasz, California Court of Appeal,…
Read MoreMan Escapes Guilty Verdict after Involvement in Major Copyright Infringement Scheme
Man Escapes Guilty Verdict after Involvement in Major Copyright Infringement Scheme In the summer of 2003, owner of Super DVD, Julius Liu, was convicted of copyright infringement and trafficking in counterfeit labels. Liu’s company was involved in commercially replicating DVDs and CDs for various clients on a very large scale. While Liu was replicating these works, he was under the impression that all of his clients had permission from the…
Read MoreSpeed Exhibition Can Lead to Deadly Consequences – Vehicle Code Section 23109
Speed Exhibition Can Lead to Deadly Consequences – Vehicle Code Section 23109 Memorial Day will always be a time of solemn remembrance for the parents of five Irvine high school students killed in a gruesome car accident that investigators determined was caused by excessive speeding. Traveling in excess of 100 miles per hour on a downhill stretch of Jamboree Road, the teenager driving the vehicle lost control of the car…
Read MoreYou Could Kill Someone and Go to Jail for Talking or Texting While Driving – California Vehicle Code Sections 23123, 23124
You Could Kill Someone and Go to Jail for Talking or Texting While Driving – California Vehicle Code Sections 23123, 23124 Haverhill, Mass., February 2011 Aaron Deveau was only 17 years old when he struck and killed Donald Bowley, a 55-year old father of three and critically injured the deceased man’s girlfriend who was a passenger in the car Bowley had been driving. Aaron’s attention wasn’t focused on the road…
Read MoreU.S. Congress Close to Restrictions on International Travel for Sex Offenders – Amendment to House Resolution 2848
U.S. Congress Close to Restrictions on International Travel for Sex Offenders – Amendment to House Resolution 2848 Laws putting restrictions on international travel for sex offenders are proliferating across the United States. Many lawmakers say controlling where a sex offender may live and physically be increases public safety by making it more difficult for this unpopular segment of society to have access to “vulnerable” populations, namely children. Other legal practitioners…
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