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Articles Tagged with Criminal Defense Attorney

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With constantly advancing technology and the increasing number of internet users, the number of internet crimes committed has also increased in recent years. Internet users engage in various activities daily, and some of these activities could unintentionally lead to criminal charges. Some people use the internet to commit crimes intentionally, and many of these crimes don’t even make it to the headlines. The normal internet user is not even aware of the different kinds of crimes that can be done electronically, and that’s why they may become victims of internet crimes. Some common internet crimes committed are listed below:Sex Offender Registries

Spoofing or Phishing (Business and Professions Code Section 22948.2)

Spoofing or phishing is the act of accessing a computer without authorization and sending multiple email messages in order to deceive the recipient. False information may be sent to the recipients who then become victims of this kind of internet crime. Anyone arrested for this crime can face a possible jail sentence of three years for a first offense. If the sender is also spamming for commercial gain, they may face up to five years in prison.

Extortion or Blackmail (PC 524)

When someone uses the internet to cause damage with the intent to extort money or something of value from another person, it is referred to as blackmailing. The hacker or person engaging in such activity may be threatening the victim to expose confidential information about them in exchange of money. Offenders can face hefty fines and a maximum sentence of up to five years in prison.

Prostitution (PC 647(b))

When someone tries to coerce, engage, or entice another individual into prostitution, they may face up to 20 years in prison.

Criminal Copyright Infringement (18 U.S.C. Section 2319)

Infringing a copyright or distributing someone’s work for financial gain on a computer network can carry a possible sentence of three years in prison. The penalty and consequences will double for repeat offenders.

Child Pornography (18 U.S.C. Section 2252)

Using the internet to transmit child pornography carries a minimum sentence of 5 years, up to a maximum sentence of 20 years in prison.

Electronic Harassment

When someone anonymously uses the internet to threaten, abuse, harass, or annoy someone, they could face criminal charges that carry up to two years in prison. Continue reading →

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Davontae Sanford was 14 when he was sent to prison for murders he did not commit. When he was 23, another man confessed to those murders and his nine-year nightmare appeared to be finally ending.

Then, he got a bill from the court.Restitution-300x238

When it came time for his release, Sanford’s wrongful imprisonment resulted in just over $2,000 in court costs and fines that had yet to be paid. These fines and costs included fees for a public defender who represented him when he was charged with another crime while in prison. Word reached the corrections officers that Sanford had hinted he would hang himself. When those officers stormed his cell to prevent his suicide, he kicked one of the officers and spat on another, resulting in two years being added to his sentence. The court ruled that if he were to pay the fines, those years would be wiped from his sentence.

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It is against the law to carry a loaded firearm on your person or in your vehicle while in public under California Penal Code Section 25850.1 But what exactly does “on your person” mean? The definition of “on your person” was questioned in a recent Supreme Court case involving a man who was carrying a loaded firearm in his backpack.gunfire-300x199.jpg

Is it illegal to carry a weapon in your backpack? How does a backpack factor into concealed carry laws?

California Gun Laws and Backpacks

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You lost your wallet, and therefore your driver’s license. Not to worry though; you’ve secured a ride with your friend for the night. On the way home, your friend’s driving catches the eye of a police officer, who orders your friend to pull over. Are you in jeopardy of being arrested because you do not have your ID?Taking-License-300x174.jpg

You Have the Right to Refuse to Show Your ID

The U.S. Supreme Court has held that so-called “stop and identify” statutes, which require that you show identification to law enforcement officers when they ask, do not violate Fourth Amendment protection against unreasonable searches and seizures, so long as the officer has a reasonable suspicion that the person is involved in criminal activity.1

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Ever since California voters passed Proposition 47 into law in 2014, law enforcement and others have been quick to blame the new law for leading to an increase in criminal activity.Gen-32-300x200.jpg

The same claims have been made of the 2011 Public Safety Realignment Act (PSRA), which shifted the responsibility for treatment of lower level, non-violent felons from the state to each county. While there have been no meaningful studies to show whether Proposition 47 caused an increase in crime, a new study by the University of California, Irvine, appears to show that the PSRA has not resulted in an increase in crime.1

The Overhaul of California’s Prisons

In 2011, the United States Supreme Court declared California’s prison system to be constitutionally flawed.2 Overcrowding represented a significant problem in maintaining the physical and mental health of the state’s prison population, which not only was viewed as cruel and unusual punishment, but also as a hindrance to the effective rehabilitation of prisoners. As an example of these conditions, Justice Kennedy noted in the majority’s opinion that as many as 200 prisoners had lived in a gym and as many as 54 prisoners had shared a single toilet. The court ordered California to reform its prison system.

Jail-Bars-and-Cuffs-300x225.jpgCalifornia’s answer was the PSRA, which transferred 33,000 state prisoners into the custody of individual counties. In many cases, counties determined the appropriate treatment was to parole these inmates.

The Myth of Prison Realignment Increasing Crime

Law enforcement agencies were convinced that the sudden release of so many incarcerated persons would lead to a crime wave, but the UCI study shows that the true impact on the crime rate has been negligible. “We’ve seen no appreciable uptick in assaults, rapes or murders that can be connected to the prisoners who were released under realignment,” said Charis Kubrin, a UCI professor of criminology who co-authored the study. “This is not surprising, of course, because these offenders were eligible for release precisely because of the nonviolent nature of their crimes.” Continue reading →

About Wallin & Klarich

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Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.