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A 55-year-old La Habra woman has been arrested and charged with 103 Counts of “Embezzlement”. Specifically, the charges filed by the Orange County District Attorney are: (1) Acts Constituting Forgery, 470(d)PC; Making False Entries in Records or Returns, 471PC and Grand Theft, 487(a)PC. Included are the following Sentencing “Enhancements”: (1) Aggravated White Collar Crime Over 100K and (2) Taking Funds Exceeding $50K.

This woman is being accused of taking petty cash from her employer and writing checks to herself, over a period of five years, while she was employed as an Office Manager. The total amount she is accused of stealing is $284,000.00. If convicted, she faces up to 73 years in Prison.

Embezzlement, also known as employee theft and employee fraud, falls under Penal Code 503, which falls under the umbrella of Penal Code 484 theft. Embezzlement is the way in which the theft was committed. It is defined as unlawfully taking something from another that has been entrusted to you. The difference between embezzlement and other types of thefts is the “entrusting”. In Penal Code 484, embezzlement is defined as: “Every person who shall fraudulently appropriate property that has been entrusted to him/her is guilty of theft”.

Although embezzlement is a form of theft, there are specific rules that apply to California embezzlement law. To be found guilty of this offense, the prosecutor must first prove three facts: (1) that you had a relationship of trust with the victim; (2) that, pursuant to the relationship, you were entrusted with certain property, and (3) that you specifically intended to deprive the victim of that property by fraudulently taking it as your own.

The penalties, punishment and sentence for a conviction of embezzlement depends upon whether you are charged with PC 487, grand theft (value of more than $950.00) or PC 488, petty theft (value of $950.00 or less). PC 487 Grand Theft is a “wobbler” meaning that it can be filed as either a misdemeanor or a felony, depending upon the circumstances and your criminal history.

A conviction of misdemeanor grand theft exposes you to up to one year in county jail and a maximum fine of $1,000.00. A conviction of embezzlement as a felony exposes you to a sentence of 16 months, or two or three years in State prison and a maximum fine of $10,000.00. A conviction of petty theft embezzlement can mean a sentence of up to six months in jail and a maximum fine of up to $1,000.00.

In situations where the amount embezzled had a value of $50.00 or less, and you have no prior theft-related convictions, a good criminal defense attorney, with experience defending embezzlement cases, should explore the possibility of having your charge reduced to an infraction, and subjecting you to a maximum $250.00 fine.

A good embezzlement defense attorney will be familiar with the many legal defenses available and how to present them on your behalf. Some of the most common defenses an attorney might use are: (1) claim of right/good faith belief; (2) lack of criminal intent; (3) false accusations/innocence.

No matter how overwhelming the evidence may appear, your attorney should aggressively investigate the allegations, evaluate all of the evidence and search for inconsistencies and weaknesses in the prosecution’s case.

Anyone being accused of a crime in Orange County, California, should seek the advise of an attorney who is familiar with all the Courts in Orange County. An attorney who has a good working relationship with the individual Judges, District Attorneys, Court Clerks and Probation Department, as well as the Court staff, will be better able to get your charges reduced and/or dismissed. An attorney familiar with the Courts in which a case is pending will result in the best possible outcome available.

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Brandishing a weapon or firearm, Penal Code 417 PC, is just one of California gun laws. Drawing, exhibiting or using a firearm or deadly weapon in an angry or threatining manner, is prohibited. This is commonly referred to as “brandishing” a weapon. A conviction of this subjects you to a jail or prison sentence.

The following facts must be proved in order to be convicted of brandishing a weapon.

(1) That you drew or exhibited a deadly weapon or firearm in the presence of another person,

(2) That either you did so in a rude, angry, or threatening manner, or

(3) You did so unlawfully in a fight or quarrel, and that you were not acting in self-defense or in the defense of another person at the time.

A good criminal defense attorney will be familiar with the common defenses that should be preseted on your behalf. Some of them include:

(1) Self-Defense or defense of others

(2) You did not brandish the weapon in an angry and threatening manner;

(3) False allegations and/or wrongful arrest.

If you have been arrested and/or charged with brandishing a weapon or firearm, or any gun related charge, in Orange County, you should seek the advise of an attorney who is familiar with all the Courts in Orange County. An attorney who has a good working relationship with the individual Judges, District Attorneys, Court Clerks and Probation Department, as well as the Court staff, will be better able to get your charges reduced and/or dismissed. An attorney familiar with the Courts in which a case is pending will result in the best possible outcome available.

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A 20 year old Santa Ana man is facing a maximum of 3 years and six months in custody after being arrested and charged with 1 count of Felony attempted sexual battery, four misdemeanor counts of indecent exposure and three misdemeanor counts of child annoyance. If convicted, he must also register as a sex offender.

It is alleged that the man approached young, underage girls in his car, as they are walking to school and exposed himself. In one incident, it is alleged that he grabbed one young girls wrist, and attempted to pull her arm inside his vehicle through his open window. This young man is facing very serious charges that, if convicted, can have life-long effects. Hiring an Orange County Criminal Defense Attorney, familiar with the laws and defenses associated with these charges and familiar with the Court, Judges and DA’s involved in the case, will ensure the best possible outcome.

Penal Code 243.4 PC California’s sexual battery law makes it a crime to touch another person without that person’s consent with the specific intent to cause sexual arousal, sexual gratification or sexual abuse. Most instances of sexual battery, also known as sexual assault, are prosecuted as misdemeanors. However, if the alleged victim is unlawfully restrained, institutionalized or unaware of the true nature of the act, the offense may be prosecuted as a felony. A conviction of sexual battery, whether filed as a misdemeanor or felony, is punishable by fines, incarceration and registration as a sex offender.

California Penal Code 314 PC makes it illegal to “expose” yourself in public with the specific intent to draw attention to your genitals for the purpose of either (1) sexually arousing yourself or another person, or (2) sexually insulting or offending another person or other people. Although this is typically filed as a misdemeanor, aggravated offenses will be charged as felonies. A conviction of this type also requires registration as a sex offender.

Penal Code 290 PC – The Sex Offender Registration Act requires that people who are ordered by a judge to register as a sex offender do so for the rest of their lives as long as they live, work or attend school in California. When you “register” it means that you keep your local law enforcement agency informed as to your whereabouts. A wide variety of factors dictate how often you must update this information.

There are a variety of legal defenses to these types of charges that a good California criminal defense attorney can present on your behalf. If, however, the evidence is too overwhelming to dispute, exploring the possibility of having your named removed from Megan’s list and/or filing a certificate of rehabilitation or a Governor’s pardon to end your sex offender registration requirements, should be considered.

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A 20 year old Santa Ana man is facing a maximum of 3 years and six months in custody after being arrested and charged with 1 count of Felony attempted sexual battery, four misdemeanor counts of indecent exposure and three misdemeanor counts of child annoyance. If convicted, he must also register as a sex offender.

It is alleged that the man approached young, underage girls in his car, as they are walking to school and exposed himself. In one incident, it is alleged that he grabbed one young girls wrist, and attempted to pull her arm inside his vehicle through his open window. This young man is facing very serious charges that, if convicted, can have life-long effects. Hiring an Orange County Criminal Defense Attorney, familiar with the laws and defenses associated with these charges and familiar with the Court, Judges and DA’s involved in the case, will ensure the best possible outcome.

Penal Code 243.4 PC California’s sexual battery law makes it a crime to touch another person without that person’s consent with the specific intent to cause sexual arousal, sexual gratification or sexual abuse. Most instances of sexual battery, also known as sexual assault, are prosecuted as misdemeanors. However, if the alleged victim is unlawfully restrained, institutionalized or unaware of the true nature of the act, the offense may be prosecuted as a felony. A conviction of sexual battery, whether filed as a misdemeanor or felony, is punishable by fines, incarceration and registration as a sex offender.

California Penal Code 314 PC makes it illegal to “expose” yourself in public with the specific intent to draw attention to your genitals for the purpose of either (1) sexually arousing yourself or another person, or (2) sexually insulting or offending another person or other people. Although this is typically filed as a misdemeanor, aggravated offenses will be charged as felonies. A conviction of this type also requires registration as a sex offender.

Penal Code 290 PC – The Sex Offender Registration Act requires that people who are ordered by a judge to register as a sex offender do so for the rest of their lives as long as they live, work or attend school in California. When you “register” it means that you keep your local law enforcement agency informed as to your whereabouts. A wide variety of factors dictate how often you must update this information.

There are a variety of legal defenses to these types of charges that a good California criminal defense attorney can present on your behalf. If, however, the evidence is too overwhelming to dispute, exploring the possibility of having your named removed from Megan’s list and/or filing a certificate of rehabilitation or a Governor’s pardon to end your sex offender registration requirements, should be considered.

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The juvenile justice system is different from the adult justice system. In Orange County Juvenile Court, the focus is on treatment and rehabilitation for the juvenile while the adult justice system focuses on punishment. However, depending upon the charge, a juvenile can be prosecuted as an adult and be subject to the same penalties as an adult. In a situation where a juvenile is tried as an adult, it usually involves crimes of violence. Juveniles 16 or 17, who commit serious felonies, can be tried as an adult. Also, a juvenile 14 or older being charged with murder can be tried as an adult. However, even if a juvenile is tried as an adult, they are still treated different. There are more options in terms of how and where they are prosecuted and how and where they will serve their sentence.

Once a juvenile is arrested for a crime, there are a few different ways law enforcement may proceed. Informal contact with parents, public or private diversion, citation and referral to probation, or arrest. Once the case is submitted to probation, probation has limited discretion whether or not to submit the case to the district attorney or proceed informally. If the case is submitted to the district attorney, they then decide whether to file or dismiss the case. An Orange County Criminal Defense Attorney, specializing in juvenile criminal matters, will be able to advise and guide parents and their child through these procedures.

It is extremely important that, if your child is arrested for a crime, an attorney familiar with the Orange County Juvenile Court should be retained. Being familiar with the Judges, District Attorneys, Court Clerks and Probation Department, will help facilitate the best possible outcome for your child. The question parents should ask themselves is what do I do to protect my child. Juveniles make mistakes and most have never known, or been exposed to legal consequences. Preserving your child’s record, so that their college goals and future employment are not affected negatively should be the goal of a good juvenile criminal defense attorney.

It is important to note that if your child has been convicted of a crime, their record should be sealed and/or destroyed. To be eligible, the child must be 18 years old or 5 years must have passed from the last arrest or discharge from probation.

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The juvenile justice system is different from the adult justice system. In Orange County Juvenile Court, the focus is on treatment and rehabilitation for the juvenile while the adult justice system focuses on punishment. However, depending upon the charge, a juvenile can be prosecuted as an adult and be subject to the same penalties as an adult. In a situation where a juvenile is tried as an adult, it usually involves crimes of violence. Juveniles 16 or 17, who commit serious felonies, can be tried as an adult. Also, a juvenile 14 or older being charged with murder can be tried as an adult. However, even if a juvenile is tried as an adult, they are still treated different. There are more options in terms of how and where they are prosecuted and how and where they will serve their sentence.

Once a juvenile is arrested for a crime, there are a few different ways law enforcement may proceed. Informal contact with parents, public or private diversion, citation and referral to probation, or arrest. Once the case is submitted to probation, probation has limited discretion whether or not to submit the case to the district attorney or proceed informally. If the case is submitted to the district attorney, they then decide whether to file or dismiss the case. An Orange County Criminal Defense Attorney, specializing in juvenile criminal matters, will be able to advise and guide parents and their child through these procedures.

It is extremely important that, if your child is arrested for a crime, an attorney familiar with the Orange County Juvenile Court should be retained. Being familiar with the Judges, District Attorneys, Court Clerks and Probation Department, will help facilitate the best possible outcome for your child. The question parents should ask themselves is what do I do to protect my child. Juveniles make mistakes and most have never known, or been exposed to legal consequences. Preserving your child’s record, so that their college goals and future employment are not affected negatively should be the goal of a good juvenile criminal defense attorney.

It is important to note that if your child has been convicted of a crime, their record should be sealed and/or destroyed. To be eligible, the child must be 18 years old or 5 years must have passed from the last arrest or discharge from probation.

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A 21 year old man, a passenger in a Jeep, was killed after the driver reportedly ran a red light, sideswiped another car, went through a chain-link fence and ended up against an equipment shed in a middle school in San Juan Capistrano. The driver could be charged with vehicular manslaughter if it is determined that he did in fact speed through a red light as witnesses say he did.

Vehicular Manslaughter defined is basically the crime of causing the death of a human being due to illegal driving of an automobile, including gross negligence, drunk driving, reckless driving, or speeding. Whether a person is charged with misdemeanor vehicular manslaughter or felony vehicular manslaughter depends upon the circumstances of the case.

In California, there are four types of vehicular manslaughter. They are listed here, along with the penalties typically imposed:

PC 191.5: Vehicular manslaughter while intoxicated, with gross negligence. The penalty can be up to 1 year in county jail, or 4,6 or 10 years state prison. However, one or more priors of this, or certain other vehicular felonies can result in 15 years to life in state prison.
PC 192(c)(1): Vehicular manslaughter with gross negligence, without intoxication. The penalty is up to 1 year in county jail, or 2,4, or 6 years in state prison.

PC 192(c)(2): Vehicular manslaughter without gross negligence, without intoxication. The penalty is up to 1 year in county jail.

PC 192(c)(3): Vehicular manslaughter while intoxicated, without gross negligence. The penalty is up to 1 year in county jail, or 16 months, 2, or 4 years in state prison.

PC 192(c): Vehicular manslaughter is referred to as a “wobbler” meaning that it can be filed either as a misdemeanor or felony, depending upon the circumstances. Vehicular manslaughter acts, not involving drugs or alcohol, that may be punishable are: 1) Driving in an unlawful way; 2) Driving in a lawful but dangerous way, and 3) Knowingly causing an accident for financial gain. Here are some examples of these three acts: If a person kills another person while they speeding; texting or talking on a cell phone; hitting and killing a pedestrian in a crosswalk; and staging an accident that results in an unintentional death.

Because this is such a serious issue, it is important to contact an experienced criminal defense attorney to protect your rights. With proper, experienced legal representation, it may be possible to get the charges reduced, avoiding jail or prison, or dismissed all together.

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Vehicular Manslaughter defined is basically the crime of causing the death of a human being due to illegal driving of an automobile, including gross negligence, drunk driving, reckless driving, or speeding. Whether a person is charged with misdemeanor vehicular manslaughter or felony vehicular manslaughter depends upon the circumstances of the case.

In California, there are four types of vehicular manslaughter. They are listed here, along with the penalties typically imposed:

PC 191.5: Vehicular manslaughter while intoxicated, with gross negligence. The penalty can be up to 1 year in county jail, or 4,6 or 10 years state prison. However, one or more priors of this, or certain other vehicular felonies can result in 15 years to life in state prison.
PC 192(c)(1): Vehicular manslaughter with gross negligence, without intoxication. The penalty is up to 1 year in county jail, or 2,4, or 6 years in state prison.

PC 192(c)(2): Vehicular manslaughter without gross negligence, without intoxication. The penalty is up to 1 year in county jail.

PC 192(c)(3): Vehicular manslaughter while intoxicated, without gross negligence. The penalty is up to 1 year in county jail, or 16 months, 2, or 4 years in state prison.

PC 192(c): Vehicular manslaughter is referred to as a “wobbler” meaning that it can be filed either as a misdemeanor or felony, depending upon the circumstances. Vehicular manslaughter acts, not involving drugs or alcohol, that may be punishable are: 1) Driving in an unlawful way; 2) Driving in a lawful but dangerous way, and 3) Knowingly causing an accident for financial gain. Here are some examples of these three acts: If a person kills another person while they speeding; texting or talking on a cell phone; hitting and killing a pedestrian in a crosswalk; and staging an accident that results in an unintentional death.

Because this is such a serious issue, it is important to contact an experienced criminal defense attorney to protect your rights. With proper, experienced legal representation, it may be possible to get the charges reduced, avoiding jail or prison, or dismissed all together.

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Vehicular Manslaughter defined is basically the crime of causing the death of a human being due to illegal driving of an automobile, including gross negligence, drunk driving, reckless driving, or speeding. Whether a person is charged with misdemeanor vehicular manslaughter or felony vehicular manslaughter depends upon the circumstances of the case.

In California, there are four types of vehicular manslaughter. They are listed here, along with the penalties typically imposed:

PC 191.5: Vehicular manslaughter while intoxicated, with gross negligence. The penalty can be up to 1 year in county jail, or 4,6 or 10 years state prison. However, one or more priors of this, or certain other vehicular felonies can result in 15 years to life in state prison.
PC 192(c)(1): Vehicular manslaughter with gross negligence, without intoxication. The penalty is up to 1 year in county jail, or 2,4, or 6 years in state prison.

PC 192(c)(2): Vehicular manslaughter without gross negligence, without intoxication. The penalty is up to 1 year in county jail.

PC 192(c)(3): Vehicular manslaughter while intoxicated, without gross negligence. The penalty is up to 1 year in county jail, or 16 months, 2, or 4 years in state prison.

PC 192(c): Vehicular manslaughter is referred to as a “wobbler” meaning that it can be filed either as a misdemeanor or felony, depending upon the circumstances. Vehicular manslaughter acts, not involving drugs or alcohol, that may be punishable are: 1) Driving in an unlawful way; 2) Driving in a lawful but dangerous way, and 3) Knowingly causing an accident for financial gain. Here are some examples of these three acts: If a person kills another person while they speeding; texting or talking on a cell phone; hitting and killing a pedestrian in a crosswalk; and staging an accident that results in an unintentional death.

Because this is such a serious issue, it is important to contact an experienced criminal defense attorney to protect your rights. With proper, experienced legal representation, it may be possible to get the charges reduced, avoiding jail or prison, or dismissed all together.

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Border Patrol Agents, along with their canine team, discovered 11.9 pounds of crystal meth hidden in the bumper of a 24-year-old woman’s car at a border stop in Orange County, California. The drugs are estimated to have a street value of $214,000.00. The woman, a U.S. citizen, and the drugs have been turned over to the DEA.

Transporting, importing and selling or distributing controlled substances is a felony in California. This is also known as drug trafficking. The trasportation of narcotics is when an individual or group knowingly transfers the substances from one place to another. Whether the amount is small or large, transporting drugs is considered a serious offense. Drug distribution is the act of selling narcotics to others.

The consequences of drug transportation and/or distribution vary depending on several factors. Some of the mitigating factors are: 1. The type of drug, 2. the location, 3. the amount, and 4. whether or not minors are involved. Importing large quantities of narcotics from another country face the most severe penalties.

A conviction of drug transportation, drug distribution also known as drug trafficking, may include a long prison sentence, large fines, parole/probation, registration as a narcotics offender, forfeiture of assets, drug testing, rehab, counseling, search and seizure of property, deportation (if not a U.S. citizen) and more. The penalties in California however, are dependent upon the kind of drug being smuggled, the amount and the criminal history of the alleged drug trafficker.

An experienced criminal defense attorney will be familiar with the various defenses available to someone who has been arrested for or charged with drug trafficking. A good drug trafficking defense lawyer should be challenging the search and seizure tactics used by the law enforcement, as well as the validity of search and arrest warrants that are based on electronic surveillance or wiretaps.
Someone with a prior conviction of sales of narcotics, could be facing a minimum 3-year enhancement, which is added to the time he would serve if convicted on the new drug charge.

An experienced criminal defense attorney, specializing in Narcotics Distribution, Drug Transportation and/or Drug Trafficking will be well aware and equipped to utilize the best defenses and/or sentence alternatives to get the best result possible. For example, drug treatment would be more appropriate than jail time. Especially for non-violent individuals who may suffer with a drug problem. Depending upon the situation, there are alternatives. In California, if you qualify, you could be eligible for Proposition 36 which would allow substance abuse treatment instead of jail time. DEJ, or Diversion, is another alternative which would allow the case to be dismissed after a period of time if all requirements were fulfilled. There is also Drug Court which is a program that involves supervision and treatment.

There are alternatives and therefore, it is critical that anyone being charged which a serious drug charge needs the representation of an experienced criminal defense attorney.

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