What to Do if Charged with Making Criminal Threats
What to Do if Charged with Making Criminal Threats
Criminal threats is a form of assault. If you are charged with this crime in Ventura, it is important to immediately contact a Ventura assualt attorney to avoid the potential consequences that come with being found guilty of this crime. The elements to convict for criminal threats are defined in People v. Toledo (2001) 26 Cal.4th 221, 227-228. In order to prove a violation of section 422, the prosecution must…
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You Can Be Charged with Identiy Theft For Hacking Someone’s Facebook Account
In the recent case of The People v. Rolando S.,, the California Court of Appeal for the Fifth Appellate District held that for purposes of California Penal Code Section 530.5, an individual who unlawfully accesses a victim's account on a social media website and alters the victim's profile and posts obscene messages and comments on other people's profiles from the victim's account may be charged with either a misdemeanor or…
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New Law In Effect That Dramatically Changes Sentencing On Most Crimes in California
Effective October 1, 2011 thousands of those accused of felony matters who in the past were sent to prison will now be doing their time in local county jails. In addition, those persons convicted of less serious felony matters, in many cases will find that when they complete their sentence they will not be placed on probation or parole. For most felony matters where the punishment is 16 months,…
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Can I get in Trouble for Keeping Property I find? – California Penal Code 485
If you find something of value under circumstances in which it would have been relatively easy for you to find its true owner (or at least make an honest attempt to find the true owner), keeping it or using it for personal gain without doing so can result in a theft charge. Finding something (such as an engagement ring) in a grocery store, for example, would be a situation in…
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3 Things You Should Know About Criminal Threats (Penal Code 422)
Criminal threats or "terrorist threats" is a serious crime in California and is defined as "Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually…
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How to Fight Shoplifting Charges in San Bernardino County
In many instances, people make poor judgments and steal things. And sometimes false allegations do happen to good people. The possibility of getting a theft case dismissed or reduced and mitigated to a less serious offense depends largely on the experience of the San Bernardino theft lawyer representing you. Theft offenses range from Petty theft under Penal Code Sections 484 and 488 which amounts to thefts up to a value…
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New Law Allows Prison Officials to Search Property Left in a Locker Without a Warrant
The Court of Appeals in Los Angeles has just ruled that a visitor to an inmate has no expectation of privacy in any item that they may place in a jail or prison locker. On September 29. 2011 the court ruled in People vs. Boulter that if you decide to place any item in a locker in a prison or jail facility it is subject to search and seizure without…
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What is Child Endangerment? California Penal Code Section 273a
Children can be a handful and they do require constant care and attention. It is not humanly possible, however, for a parent to be 100% attentive and aware of their children. Nonetheless, it is a criminal offense known as child endgangerment to place a child in a situation that will endanger its mental, emotional, or physical well-being. If you place a child in a dangerous situation without taking steps to…
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Why Your Case May be Tried in Federal Court as Opposed to the State Court System
In a previous blog, we explained some of the general differences between Federal Court and the California State Court system. Now we will expand on some of the ways a case may end up in Federal Court as opposed to the California State Court system: 1. As stated earlier, Federal Court deals with Federal Crimes. Thus, if a person is alleged to have committed a Federal Crime, the case will…
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Artesia Man Conviceted of Murder during Attempted Robbery
Recently, in Santa Ana, a defendant was tried and convicted of attacking and strangling a prostitute during a robbery attempt in Garden Grove in 2009. Cesar Gomez, 36, of Artesia now faces a potential life term in prison without the possibility of parole at his sentencing later this year. The victim had posted her profile on an escort website that she would be staying in town for three days back…
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