Penal Code Section 496 makes it a crime to knowingly buy, sell, receive conceal or withhold property that has been stolen. The key word here is “knowingly”. In order for the prosecution to prove that a crime has been committed, they must be able to prove that you knew that…
California credit card fraud encompasses several acts of fraud, including credit card theft. The following is a list of specific acts: 1. PC 484e Stolen Credit Card 2. PC 484f Forging Credit Card Information 3. PC 484g Fraudulent Use of Access Card or Account Information 4. PC 848h Retainer Credit…
Being arrested and facing criminal charges is a traumatic experience but choosing the right lawyer can minimize the stress and anxiety one suffers while moving through the process toward a resolution. When trying to decide which lawyer is right for you, there are a few things to consider when making…
California is not doing enough to keep firearms out of the hands of the mentally ill, according to a state audit released on October 24. The breakdown is a result of the state’s failure to report a person’s mental health status to the Department of Justice (DOJ). Why is this…
When we hear that someone has been arrested for burglary, we imagine someone breaking into a home, late at night while the occupants sleep, and stealing something. While the scenario described is a burglary under California law, you can be charged with burglary even if you don’t take anything. Simply…
Deferred Entry of Judgment, or DEJ, is part of Proposition 21, which was passed by California voters in 2000. DEJ is a sentencing alternative to the juvenile delinquency process. What it does is it allows minors who are charged with at least one felony to become eligible for a probation…
In California, Marijuana possession for sale is a felony. It doesn’t matter how much was sold, or whether or not the sale was witnessed. Law enforcement can base an arrest for sales on any or all of the following: 1) The amount of marijuana that was found; 2) The manner…
In California, the definition of robbery is the taking of someone else’s property from the person’s body or immediate possession, when accomplished by force or fear. This is a felony offense, punishable by two to nine years in State Prison. To be convicted of robbery, the prosecution must prove: 1)…
In California, Assault With A Deadly Weapon (ADW) is defined as an assault that is committed with any type of deadly weapon or by means of force that is likely to cause great bodily injury to another. Simple Assault is defined as an unlawful attempt, coupled with a present ability…
Possession of a controlled substance is a crime in California. However, possession with intent to sell is a much more serious crime with more severe consequences. It is unfortunate, but most people who are arrested for drug related charges are typically addicts who require some sort of treatment for their…