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As a Criminal Defense Lawyer, practicing law for more than 20 years in Orange County California, I am often asked about the law as it pertains to legally carrying a concealed weapon.   I have represented hundreds of individuals who have been charged with illegally carrying a concealed weapon.  While it is legal to buy, carry, and conceal a weapon in California, there are strict rules in doing so and strict rules as to who may obtain a license to do so.  Here is some information pertaining to applying for a license to carry a concealed weapon (CCW) and an explanation of who may and may not carry a concealed weapon.

California Penal Code sections 26150 and 26155 provides that a license to carry a pistol, revolver, or other firearm capable of being concealed, may be issued to an individual but,  a statewide standard application form must be completed and approved.

Who May be Issued a License:

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White collar crime involves illegal activity that is done for the sole purpose of financial gain to the individual being accused and typically takes place in a businesses or corporation. It doesn’t matter whether the business is a small, “mom and pop” business or a large corporation.   Any theft of funds, fraud, etc., is a crime and falls under the category of “White Collar Crime”.   Here are some examples and explanations of white-collar crimes:

Embezzlement: Embezzlement is one of the most common, and most often charged, white-collar crimes. Basically it is a theft involving an employee stealing from their employer. The accused is typically a person who has been placed in a position of trust, has access to money coming into and going out of the business and, has a certain amount of control. It is a premeditated act, which requires a degree of sophistication, planning and covering up. It usually involves the theft of money, taken in small amounts, over a period of time. Embezzlement can also involve the taking of property or services. It may involve only one person or, there may be many employees involved. Regardless, embezzlement is a very serious crime and, can involve the FBI, depending upon the circumstances. Penalties, punishment and fines are determined based upon the amount of the theft itself.

Money Laundering and Extortion: Money laundering is the act to conceal money, which was illegally obtained and then “laundered” through a business with the intent to hide where the money has come from. Extorting money from someone involves intimidation or threats. This may involve money or property.

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A new phone app called “Yik Yak” has become extremely popular among teens over the last several months. The app was originally created and meant for college-age students as a virtual campus bulletin board. It is a location-based app, which allows people to interact, “anonymously” with those around them. Although meant for college-age students and adults, younger kids, in middle school and high school can download the app fairly easily. This has become a new, increasingly serious problem as the app has been used for cyber-bullying and threats. Creators of the app say whenever a threat is posted to the site, it immediately begins working with law enforcement agencies in the area to track down the suspect.

The attraction for teens to this app is that it is “anonymous” and therefore, teens feel safe in posting whatever they want without the fear of being found out, or caught. But, in this situation, it is not truly anonymous. Anything you post on line can be traced and, according to the police agencies, the police can find out who you are, will find out who you are and will arrest you.

A recent bomb scare at San Clemente High School, in Orange County California, was a result of a Yik Yak posted threat. It forced the school to shut down and required the bomb squad and bomb-sniffing dogs to be deployed to the school. The school was later safely cleared but police are still actively pursuing the person who made the threat. If police are able to trace the threat to the responsible person, that person will face felony criminal and/or terrorist threats.

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In California, current law prohibits both public and private employers from asking an applicant to disclose any information concerning an arrest or detention that did not result in a conviction. Further, as of July 1, 2014, all state and local agencies are prohibited from asking applicants to disclose information regarding criminal convictions, with some exceptions, until it has been determined that the applicant meets the minimum employment qualifications for the position.

Exceptions include: Peace Officers, Court Employees, Prosecuting Attorneys, Public Defenders, Health Officers, Child Support EE’s, Child Care Providers, IHSS Workers, Park, Playground, Rec Center EE’s and Residential Care Facility EE’s.

Recognizing that the barriers to employment for people who have criminal convictions increases unemployment and increases the risk of individuals reoffending, the Legislature has found that reducing the barriers will decrease unemployment and improve economic stability in communities.

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A grove of marijuana plants was found a few weeks ago by Orange County Parks Personnel, which they believe had been growing for quite some time. The grove was discovered very close to a “really nice residential area”, which is unusual, especially a grove this large.

According to the Orange County Sheriff’s Department, approximately 2,500 to 4,000 plants were discovered in the Canyon area of the Laguna Wilderness Park and may be worth around $5 million. The plants are reported to be in various stages of growth and it seems clear that the grove has been there, unnoticed by residences and OC Parks Personnel, for a while. Although the plants were discovered outside of city limits, residence are shocked that anyone or any group, would be so brazen as to cultivate such a large grove of marijuana in such a visible area. They are equally as shocked that it went unnoticed long enough to grow so large.

On August 15, the Orange County Sheriff’s Department began a marijuana cultivation eradication operation, which will consist of narcotics investigators hiking into the area, which is apparently very rugged, in order to pull up the plants manually. The Sheriff’s Department has also enlisted the help of an airship to lift the plants and carry them to a area nearby where they will be processed as evidence.

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St. Paul, Minn has a new bill that may someday make it’s way to California. It is called the criminal records expungement bill. The bill will allow those convicted of misdemeanors and some low-level felonies, to get their criminal records sealed.

The idea behind the new law is designed to help people go forward with their lives and help with potential jobs and housing. There are many companies who have policies against hiring people with a criminal record, even if that record is 20 years old. The mistakes people make when they are young follow them around for the rest of their lives and in many cases, prevent them from getting good jobs.

During the signing ceremony, a woman spoke of how two misdemeanor convictions, when she was 18 and 20, have derailed her getting hired with good companies. Even though she has changed her life and worked her way through college, her criminal background continues to hold her back. She earned a marketing degree but lost out on good jobs once a background check was done.

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Two graduates of an exclusive Pennsylvania prep school were charged with operating an extensive drug ring that dealt cocaine and marijuana to students at high schools and colleges in an affluent part of Philadelphia, authorities said on Tuesday.’

These two young men reportedly led the effort to create a “monopoly” on drug sales in the area and used high school students to deal drugs at their local schools. They are being accused of using the schools to create drug addicts and using their privileged connections to move the drugs through the suburban neighborhoods.

It is being reported that the young men referred to the drug network as the “main line take over project” which employed students from five of the local high schools and three colleges, to distribute cocaine, marijuana, hash oil and ecstasy. It is also being reported that the two young men, the leaders of the operation, expected the “sub-dealers” to meet quotas at the schools they were assigned to sell to.

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In very simple terms, a Ramey Warrant is an arrest warrant that is obtained by a police agency by going directly to a judge and bypassing the district attorney.

Typically, in order for a police agency to get a warrant, they must submit a report to the District Attorney and, if the District Attorney feels there is enough evidence to file the case, the police agency can request that the case be filed and at the same time, an arrest warrant issued. This is referred to as a “Walk-through Warrant.” However, with a Ramey Warrant, the officer may skip the district attorney and go directly to a judge. The police agency must submit a declaration, along with a report, to the judge setting out their reasons for requesting that the judge issue the warrant. If the Judge believes that there is probable cause, and sufficient evidence that this person has committed a crime, then the judge will issue the warrant. These types of warrants are often requested and processed after regular business hours.

So why would a police agency choose to get a Ramey Warrant instead of just the traditional arrest warrant? Well for one reason, it is faster. The police agency may not want to wait for the District Attorney’s Office to review the paperwork, which they have submitted. So, they bypass this and go straight to the source. However, most commonly, this is done when a police officer feels that he may not have enough evidence for the district attorney to actually file the charges. He doesn’t want to take the chance that the district attorney will reject the case. So, if he can get a judge to issue a Ramey Warrant, he can then arrest the person and question them with the hope of obtaining enough information and sufficient evidence to present it to the District Attorney for filing. Basically, the officer’s hope is that, once they have the individual in their possession, they will get what they need to make their case and end up with the sufficient evidence needed to get the case filed.

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Why Should I Seal My Juvenile Record?

Although you may have successfully completed your probation, having a juvenile record can have a negative effect on your life going forward. It may become an issue when you are trying to get a job or get into a college. Having your record sealed can help you get a fresh start without the fear of your past coming back to haunt you.

What Is A Juvenile Record?

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