Criminal Defense
Criminal Threats Are More Serious than You Think – How Penal Code Section 422 Could Result in Criminal Charges
Law enforcement agencies and courts do not take threats lightly. Many times a statement intended as a joke or a statement that was hastily made with little or no thought of its implications, could be construed as a criminal threat under Penal Code Section 422. In order to qualify as a threat, the statement only needs to reasonably be thought of as immediate and actionable. In other words, a conviction…
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What is Factual Innocence and How Can I Be Found to Have Been Factually Innocent According to Penal Code Section 851.8?
Factual innocence is one of the many remedies available to those who have been arrested for a crime but ultimately had the charges dismissed. However, there are many essential elements that must be proven before a court will deem you factually innocent. A recent California appellate court decision addressed the elements of factual innocence. The court stated that even though the defendant was released shortly after her arrest, she had…
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Why You Need a Skilled Federal Criminal Defense Law Firm at Your Side when Facing a Federal Drug Offense
The Drug Enforcement Agency (DEA), through the help of Congress has assembled a categorized list of drugs known as the schedule list. The list includes almost all of the drugs, and their derivative compounds, that can be found in the legal or illegal market. There are five "schedules" or categories; each with its own definition, limits, and punishment. Schedule One: (A) The drug or other substance has a high potential…
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Celebrity Burglaries Led by 19-Year-Old
A recent article details the burglary spree that victimized homes of young Hollywood stars Audrina Patridge, Lindsay Lohan, Orlando Bloom, Rachel Bilson and the Hilton family. The ringleader behind these thefts, according to a confession by one of the robbers, was a 19 year old Las Vegas woman whose desire to own the designer clothes and jewelry of such celebrities as Lindsay Lohan and Paris Hilton motivated her to spearhead…
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When Does a Police Officer Have to Read Me My Miranda Rights? The Answer is Only When You Are Considered “In Custody” (Part 2)
This is a continuation of our blog from yesterday and it provides you with additional critical information as to the issue of when law enforcement must read you your Miranda rights. An analysis of the facts of your case will help answer the question of whether you were "in custody" for Miranda purposes. The time, length, and location of the interrogation are all significant factors that must be analyzed. Your…
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When Does a Police Officer Have to Read Me My Miranda Rights? The Answer is Only When You Are Considered “In Custody” (Part 1)
We are often asked, "When do the police have to read me my Miranda rights?" The answer is the police must read you your Miranda rights if you are deemed to be "in custody" and the police wish to ask you questions. If a suspect is not in "custody," no Miranda rules apply. However, the far more difficult question is, "When is a person legally considered 'in custody'?" To determine…
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Stolen Party Machinery Results in Jail Time and Grand Theft Conviction
A Long Beach woman was recently sentenced to 90 days in jail after pleading guilty in the West Orange County Justice Center to felony theft by fraud, according to an article in the Orange County Register. The woman allegedly threw a birthday party for her son that she never intended to pay for. The article explains that the woman went to a party rental supply store and selected various items…
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You Can Defend Yourself against Excessive Force in a Citizen’s Arrest
In a recent California Appellate Court decision, the court determined that a person who is being subjected to a "citizen's arrest" may use self-defense if he or she reasonably believes that he or she is in imminent danger of excessive force by the arresting citizen. A citizen's arrest is an arrest made by a person who is not acting as a sworn law-enforcement official. For example, a citizen's arrest would…
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Embezzlement: What is It?
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…
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Long Beach DMV Hearings and DUI Defense Attorneys
Located along the Pacific coast in Southern California, the city of Long Beach has an approximate population of 492,682. As the second-largest city in the Los Angeles metropolitan area, Long Beach has a lot to offer its residents and visitors alike. Widely known as one of the world's largest shipping ports, the Port of Long Beach, the city is also a successful provider towards the development of high-technology and aerospace…
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