Southern California Defense Blog

According to California Penal Code Section 503 Embezzlement is “the fraudulent appropriation of property by a person to whom it has been entrusted.” In other words, if some one entrusts you with money or property, and you use that money or property for something other than it was originally intended, you are guilty of embezzlement.

For instance, if your boss hands you a bag full of money to deposit at the bank and you intentionally use the money for something else, you’re guilty of embezzlement.

Embezzlement can have serious consequences including state prison time depending on the amount money or value of the item or items embezzled. In addition, your reputation is on the line. Crimes of moral turpitude such as embezzlement can affect your ability to work in places where trust is essential.

Continue reading "Embezzlement: What is It?" »

Comedian Dane Cook’s Brother Arrested

Comedian Dane Cook’s half brother embezzled millions of dollars from him and was arraigned on felony charges that include larceny and forgery. Cook’s Brother is facing years in prison. He will need an experienced embezzlement defense attorney to help him in this matter and to get him the best possible outcome. If you or a loved one is facing these types of charges or if you believe you are being investigated contact our office, one of our experienced defense attorney’s at Wallin & Klarich will help you and will protect your rights.

These charges and any type of theft charges are considered crimes of “moral turpitude”, meaning it is a crime of deception. Because they are charges of “moral turpitude” they can hinder you from maintaining employment or from future employment. And if you are in the process of or thinking of becoming a U.S. Citizen this can keep you from doing so.

Therefore, it is essential to have an experienced felony defense attorney on your side who will advocate for your rights and future.

People v. Akhile

For those considering filing a motion to vacate a plea based on Penal Code Section 1016.5, familiarity with this case is a must.

In the above case, Appellant is a Native of Nigeria who entered the United States on a Tourist Visa and never left. In February of 1992, Appellant plead guilty to grand Theft and Embezzlement. The Trial Court sentenced him to two years state prison. Deportation proceeding began in 1993 and the Board of Immigration Appeals affirmed his deportation based on the 1992 conviction. Appellant argued that he did he was never aware of the immigration consequences of his plea.

Upon review, the record reflected that the Trial Court informed the Appellant of the immigration consequences at arraignment but not at the time of the plea. On appeal, the court vacated Petitioner’s plea on the basis that California Penal Code section 1016.5 requires that the Trial Court advise defendants of the adverse immigration consequences at the time of the plea.

Why is this case important? Because in instances where a Defendant was convicted of a white collar crime and the Trial Court fails to advise him or her of the immigration consequences at the time of plea, there are very good grounds to have the plea vacated.

Continue reading "Immigration Law and Vacating a Plea" »

Embezzlement is the theft of property and/or money by an individual or entity that is responsible for handling the assets. Embezzlement typically occurs in corporate settings and places of employment.

Embezzlement charges can carry serious consequences regardless of whether the defendant is guilty. Accusations of embezzlement are extremely embarrassing and can oftentimes ruin an individual or an entity’s reputation. Furthermore, an embezzlement conviction may result in hefty fines and/or a prison sentence of up to 20 years depending of the value of assets taken and other factors in the case.

To ensure your legal rights and interests are fully protected, it is important to retain a highly qualified and experienced criminal law lawyer from Wallin & Klarich who has knowledge of embezzlement law and can help reduce the charges, or even get an acquittal.

Call Wallin & Klarich at 1-888-749-0034 and we can answer any legal questions you may have.