For Van Insurance, Shop Quickly and Easily And With No Sweat
When looking for van insurance, shop wisely and easily with an eye towards taking full advantage of the new reality in shopping that we have been presented with in this millennium. In all actuality,...
View ArticleImmigration Consequences of a Conviction For Shoplifting
Shoplifting can occur in every socio-economic class, including legal immigrants, whether they be legal permanent residents, visa holders (such as on student visas or work visas), asylees or refugees.
View ArticleWhat is the Difference Between an Infraction and a Misdemeanor
Certain offenses, depending upon the circumstances, may be charged as an infraction or a misdemeanor. The most common examples of this are petty theft (Penal Code §§ 484 or 490.1), disturbing the peace...
View ArticleWhat Happens at a Probation Violation Hearing?
Probation violation cases are among the most common cases seen in our criminal courts. The basis for such a case is usually "picking up a new case," or the new case contains an allegation that the...
View ArticleHow is Bail Set?
It is easiest to think of bail as money one must give to the court in order to leave jail. The money is used as collateral to ensure one appears as ordered in court. If one does not appear, the court...
View ArticleHow Do I Have My Arrest Record Sealed and Destroyed?
Our clients who are unlucky enough to be arrested, but then, fortunately, the prosecutor decides not to file a case often ask if they can have the arrest record sealed and destroyed. After all, an...
View ArticleStrong Marijuana Smell Does Not Justify Warrantless Search of Hotel Room
On December 10, 2010, security personal at a Los Angeles hotel called police about a reported burglary of a laptop computer and a Blackberry cell phone. Hotel personal believed the suspects were two...
View ArticleWhat is Commercial Burglary (PC 459) and Its Defenses?
Commercial burglary, defined at Penal Code § 459, is the entering of a shop, store; office building, or any other commercial building with the intent to steal and then stealing something. This crime is...
View ArticleWhat is the Difference Between a Misdemeanor and a Felony?
Our office often defends clients accused of offense, that can be classified as either a misdemeanor or a felony. Such an offense is known as a "wobbler."
View ArticleCourt Rules Change in Petty Theft Limit is Retroactive, Turning Certain Grand...
In 2010, the California Legislature amended Penal Code § 487 to increase the amount of property fitting the definition of petty theft. The amount was of property increased from $400 to $950. Any theft...
View ArticleWhat is a Motion For Civil Compromise?
In vandalism, certain theft cases such as shoplifting and embezzlement, and criminal cases involving automobile property damage, a judge may dismiss the case if he or she is satisfied that the victim...
View ArticleSentencing Alternatives For Military Veterans Under Penal Code § 1170.9
Since 1982, with the enactment of Penal Code § 1170.9, our state legislature has recognized the unique needs of military veterans in dealing with California's sentencing guidelines. In 1982, our courts...
View ArticleGranddaughter Guilty of Financial Elder Abuse Through Embezzlement and Moving...
Our office receives numerous phone calls about financial elder abuse, usually involving quit claim deeds of property and / or second mortgages that go unpaid, resulting in a home foreclosure. It is...
View ArticleJudge May Prohibit Medical Marijuana Use As Term of Probation.
It is increasingly common for judges nowadays to specify to a defendant being placed on probation that he or she cannot use marijuana. Defendants often respond quickly, "but I have a medical marijuana...
View ArticleImmigration Consequences of a Conviction For Domestic Violence
Our office often represents folks accused of domestic violence and who are not U.S. citizens. A big issue is consequently the effect of a conviction on their ability to legally remain in the United...
View ArticleWhat is Forgery (Penal Code § 470)?
Forgery brings to mind in some people's mind the act of writing a note from one's mom, signing it with her name, and leaving school to "go to the doctor." In other people's mind, forgery is writing a...
View ArticleWhat Are Illegal Tinted Windows (Vehicle Code § 26708.5)?
Our office has heard many clients report that they were pulled over because the police officer told them they had illegal tinted windows. The client usually suggests that the police officers had a...
View ArticleWhat is Passing Bad Checks (Penal Code Section 476(a))?
Passing a bad check is tendering a check for goods or service, from a bank account that has insufficient funds to pay the full amount of the check. It happens every day, to the tune of millions of...
View ArticleWhat is Embezzlement (Penal Code § 503)?
The mention of embezzlement conjures up images of an untrustworthy accountant methodically stealing small amounts of cash over a long period of time, adding up to thousands of dollars, or an employee...
View ArticleAre Criminal Threats Protected Speech Under the First Amendment? Appeals...
At about 2:00 a.m. on January 26, 2010, Margarito Iboa had a fire going on in his backyard. The Lancaster Fire Department arrived at his house. While firefighters attempted to extinguish the fire,...
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