California Criminal Defense Lawyer Blog

A 45-year-old Ladera Ranch woman has been charged with 3 felony charges after having been arrested on suspicion that she stole more than $100,000.00 from her employer. The Orange County, California woman was charged with Grand theft by employee, Acts constituting forgery and unauthorized use of personal identifying information. These types of charges together are also known as Felony Embezzlement.

Embezzlement is commonly referred to as employee theft and employee fraud. Embezzlement is defined as unlawfully taking something from another that has been entrusted to you and is most often seen in connection with employment situations.

In order for the prosecution to prove embezzlement, three facts or elements of the crime, must be proved. They are: (1) that you had a relationship of trust with the victim, (2) that, pursuant to that 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.

Embezzlement is typically punished as either Penal Code 487 grand theft or as Penal Code 488 petty theft, depending upon the value of the property. California Penal Code 487 PC, grand theft is a “wobbler”, meaning that it can be charged as either a misdemeanor or felony, depending upon the circumstances of the case and the defendant’s criminal history.

If convicted of grand theft embezzlement as a misdemeanor, the sentence is up to one year in a county jail and a maximum $1,000.00 fine. If convicted as a felony, the sentence can be up to 16 months, or two or three years in the California State Prison, and a $10,000.00 maximum fine.

A conviction of petty theft embezzlement can be up to six months in a county jail and a maximum $1,000.00 fine. However, if the property is valued at $50.00 or less, and no other theft related convictions, an experienced criminal defense lawyer may be able to get your charges reduced to an infraction.

Some more common defenses to these charges are: (1) claim of right/good faith belief, (2) lack of criminal intent, and (3) false accusations/innocence.

In this situation, this woman will need the assistance of a good Orange County Criminal Defense Attorney who will investigate the allegations, critically evaluate all of the evidence, and highlight inconsistencies and weaknesses in the prosecution’s case.

Anyone being accused of embezzlement 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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A 31-year-old Laguna Hills man was recently arrested on suspicion of stalking his wife, which was in violation of a restraining order, which she had filed against him. Orange County Sheriff's detectives said that the man's wife reported that her husband was following her in her car and had attempted to hit her car.

California stalking laws, are defined in Penal Code 646.9. Stalking is harassing or threatening another person to the point where that individual fears for his/her safety or the safety of his/her family.

Stalking is considered a very serious offense in California. However, many times stalking charges are based on false misrepresentations and often times are motivated by revenge. A good, experienced Orange County California Criminal Defense Lawyer will have the skills to reveal the motives behind the accusations in an effort to have the case dismissed. Or, at the very least, have the charges reduced.

In order to be found guilty of stalking under PC 646.9, the prosecution must prove three facts or elements: (1) that you willfully, maliciously and repeatedly followed and that you willfully and maliciously harassed another person. (2) That you made a credible threat against that person, and (3) That you did so with the specific intent to place that individual in reasonable fear of his or her safety or that of a his/her immediate family.

Stalking is a "wobbler", which means that it can either be filed as a misdemeanor or a felony, depending upon the specific facts of the case and your criminal history. Stalking a person in violation of a protective order or stalking a person after having been previously convicted of stalking are felonies. Otherwise, the prosecution has the discretion to file the case as a misdemeanor or felony.

Misdemeanor stalking penalties include informal probation, up to one year in a county jail, a maximum $1,000.00 fine, counseling, and/or possible confinement in a state-run hospital that treats mental illness, and a restraining order prohibiting any contact with the alleged victim.

Felony stalking penalties include formal probation, sixteen months to five years in a California State Prison, a maximum $1,000.00 fine, counseling and/or possible confinement in a state-run hospital that treats mental illness, a restraining order prohibiting any contact with the alleged victim, and possible lifetime registration as a sex offender under Penal Code 290 PC.

Fortunately, there are defenses that a skilled criminal defense attorney can present on your behalf. 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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A 37 year old man was arrested for burglary after a string of office burglaries. The Irvine Police Department is currently looking into the possibility that this man may also be responsible for other Orange County office burglaries. Purses, wallets and briefcases were stolen from offices when left unattended.

Burglary is defined by California law as "entering a structure with the intent to commit a felony (or a petty theft) once inside". Forced entry is not required for someone to be charged with burglary, only that you entered a building with the intent to commit a theft or felony.

Burglary is separated into two categories, first degree and second degree burglary. First-degree burglary is always a felony; second-degree burglary may be prosecuted as a felony or as a misdemeanor. This is referred to as a "wobbler", which means that it may be charged as a misdemeanor or felony. The circumstances of the case will dictate how the charge is filed. This will be determined by 1) the circumstances of the case and 2) your criminal history. First-degree burglary is referred to as residential burglary and is committed if you burgle an inhabited dwelling, whether it is currently occupied or not. Second-degree burglary, referred to as commercial burglary, includes everything else.

The penalties and punishments for First Degree burglary are two, four, or six years in the California State Prison and a maximum fine of $10,000.00; If convicted of second degree burglary as a felony, you face sixteen months, two or three years in the state prison and the same fine; if convicted of second degree burglary as a misdemeanor, you face up to one year in a county jail and a maximum fine of $1,000.00. California law instructs judges not to issue probation if convicted of burglarizing an inhabited structure unless it is an "unusual case where the interests of justice would be best served by doing so". For this reason, an experienced criminal law defense attorney, having extensive experience and knowledge in burglary cases, is the best way to ensure that you achieve the best possible outcome.

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Four Laguna Beach juveniles were detained after they were seen running from a car that had crashed into a pole. Investigators believe that the car was stolen.

These young individuals are facing serious charges, and at their young age, can affect them for the rest of their lives. As devastating as something like this is to a parent, one of the most important questions a parent can ask themselves is: How do I protect my child? Teens are still not mature enough to stop, think and really consider how serious their actions are and what the consequences might be. Especially if they have never been in trouble with the law and have never had legal consequences. For this reason, it is extremely important that these minors be represented by experienced criminal defense attorneys, who have experience in not only defending these charges, but who are also experienced juvenile defense attorneys in Orange County, California.

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.

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 for sealing a juvenile record, the child must be 18 years old or 5 years must have passed from the last arrest or discharge from probation.

Continue reading " 4 Laguna Beach Juveniles Detained In Possible Stolen Car Investigation " »

The crime of kidnapping is defined as the use of force or fear to take a person and move him or her a substantial distance. The penalty if convicted of kidnapping is up to 8 years in State Prison or more if the victim was injured or abused, if the victim was a child or if the kidnapping was done to facilitate another crime.

There are certain elements of the crime of kidnapping. They are: (1) The kidnapper took, held, or detained another person by means of force or by instilling reasonable fear; (2) Using that force or fear, the kidnapper moved the other person or made the other person move a substantial distance; and (3) The other person did not consent to the movement.

Kidnapping is considered a serious Felony and is a "Strike Crime" under California's "Three Strikes Law". However, there are defenses to kidnapping and a defendant is not guilty of kidnapping if he/she reasonably and actually believed that the other person consented to the movement. The prosecution has the burden to prove, beyond a reasonable doubt, that the defendant did not believe that the other person consented to the movement.

Consent is also a defense to kidnapping. If the other person consented to go with the defendant, the defendant is not guilty of kidnapping. Consent is defined as: (1) The person freely and voluntarily agreed to go with or be moved by the defendant; (2) The person was aware of the movement, and (3) The person had sufficient maturity and understanding to choose to g0 with the defendant. Again, the prosecution has the burden of proving, beyond a reasonable doubt, that consent was not given.

It is important to note that consent may be withdrawn. If at first the person consented to go with the defendant but later changed their mind, the defendant is guilty of kidnapping if after the other person withdrew consent, the defendant committed the crime outlined above.

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In California it is possible to avoid going to jail for a simple drug possession case. Drug Diversion programs are an alternative to serving time for those who qualify. California Penal Code 1000 and Proposition 36 are two types of diversion programs which some defendants are eligible for.

California Penal Code 1000 ("PC 1000"), allows for defendants accused of possession of a controlled substance, if eligible, to enter a drug program rather than go to jail. This is also known as Deferred entry of Judgment ("DEJ").

The following is a list of eligibility requirements for "PC 1000": (1) The defendant should not have any prior offenses on his record involving controlled substances; (2) Defendant's record should not reflect any revocation of probation or parole; (3) The offense defendant is currently being charged with must not involve violence; (4) The defendant should not have any felony convictions within five years of the current offense. If the defendant meets these requirements, the prosecution will make a determination of whether or not the program will be appropriate.

If the defendant decides to enter the program, he will plead guilty to the charge however, the sentencing will be delayed pending the successful completion of the program. If the defendant completes the program successfully, and stays out of trouble, the charges will be dismissed.

Proposition 36 is similar to PC 1000, however there are some differences. The eligibility requirements are much the same but unlike PC 1000, Prop. 36 may be available for someone with a prior violent felony conviction if: the defendant has been out of prison for at least five years with no felony or misdemeanor convictions involving violence for five years. Also unlike PC 1000, the defendant must plead guilty to the charge(s) and then be sentenced. Rather than going to jail, the judge can place the defendant on formal probation and require that a drug treatment program, lasting up to one year, be completed.

In addition to the drug treatment program, the judge may also require additional conditions of probation. Some of the additional conditions may include random drug tests, regular check-ins with a probation officer, court appearances requirements to pay treatment costs and other restrictions on the defendant's lifestyle. Once the program is completed successfully, the conviction will be set aside and the charge(s) dismissed.

With both Prop 36 and PC 1000, if the defendant does not successfully complete the program, the sentence that would have been given or has been given, shall be enforced. Also, with both programs, a charge of possession for sales disqualifies a defendant from either program. For this reason, anyone being charged with a drug related offense should seek the advice and assistance of an experienced criminal defense attorney who will explore the possibilities of having a possession for sale reduced to a simple possession in order to allow the defendant to enter one of the drug diversion programs discussed above.

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A 24-year-old woman and a 29-year-old man, both Huntington Beach residents were arrested and are being charged with 3 felony counts of selling and transporting a controlled substance. It is being alleged that the woman, who was a waitress at a well-known restaurant, was selling cocaine while working. The man is being accused of helping the waitress obtain the drugs for sale. It is also being alleged that more cocaine was found at the man’s residence.

Transporting drugs is the moving of drugs from one place to another. In order to be convicted of transportation of a controlled substance, it is only necessary for the prosecution to establish that the accused moved the drugs.

To be convicted of selling or transporting a controlled substance, it must be established that the accused engaged in one of the following acts:

1. Transporting a controlled substance;
2. Importing drugs, into California (meaning, bringing illegal drugs into this state).
3. Selling, exchanging narcotics for money, favors, services, goods or any other non-cash benefit.
4. Furnishing drugs or supplying by any means.
5. Administering the drugs directly to another person.
6. Giving illegal drugs away.
It must also be established that the accused knew of the presence of drugs and that the drug was illegal. There must be enough of the drug to be used as a controlled substance.

The penalty for a conviction of selling and transporting a controlled substance is either probation and up to one year in county jail, or three, four or five years in prison and a maximum $20,000.00 fine. However, if convicted of transporting a controlled substance for sale, and the drugs were moved across more than two county lines, the penalty is three, six or nine years in prison. There are aggravating factors that if relevant to your case, could result in the highest possible sentence or add time to the overall prison sentence. Prior convictions of felony drug charges may also add time to the overall sentence.

Fortunately, there are defenses to these charges that a skilled criminal defense attorney will be familiar with. An attorney experienced in drug sales and transportation charges will look closely at the possibility of an illegal search and seizure as well as police misconduct. Some other defenses include: entrapment, mistaken identity/innocence, lack of knowledge and lack of intent.

Anyone being charged with drug possession for sale, in Orange County, California, needs the representation of a skilled Orange County Criminal Defense Attorney, who will look closely at the prosecution’s case as it relates to the accused. In other words, a good criminal defense attorney will take the time to get to know their client and their client’s background, history, family, standing in the community, everything about that client in order to represent the person, not just the defendant., to the prosecution/judge.

There are alternatives to jail and prison for those being charged and convicted of drug related charges. Drug diversion, such as Proposition 36, Penal Code 1000 PC Drug Diversion and California Drug Court are examples of these alternatives. If convicted of a drug related offense, drug diversion is the outcome to pursue, as it is so much more beneficial than being incarcerated. The drug diversion programs can help overcome many drug related problems that have contributed to the initial acts that have lead to the conviction.

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An 18-year-old Oange County man was arrested and subsequently charged with 2 misdemeanor counts of receiving stolen property, after deputies tied a stolen camera and iPods to his Craigslist posting. Deputies responded to a report of a stolen camera and traced it to a posting of the same kind on Craigslist. Investigators contacted the Lake Forest man about the Craigslist post. He agreed to meet with them. When he arrived, deputies confronted him about the missing electronics. After determining that he was in possession of the camera and two iPods he was arrested.

Receiving stolen property under California Penal Code 496 is considered a "wobbler". This means that, depending on the circumstances of the case and the criminal history of the accused, it can either be filed as a felony or a misdemeanor. If convicted of a misdemeanor, the sentence is up to one year in County Jail. But if convicted of a felony, the sentence is 16 months to 3 years in State Prison. For this reason, an experienced criminal law defense attorney, having extensive experience and knowledge in defending receiving stolen property charges, is the best way to ensure that you achieve the best possible outcome.

There are several defenses to these charges that, in this case, an experienced Orange County Criminal Defense Attorney should consider, depending on the circumstances of the case. Some of the more common defenses to Receiving Stolen Property are: Mistake of fact, meaning that he didn't know that the property was stolen. Also, believing that he had a right to the property. If either or both of these can be proven, he cannot be convicted of the charge. Similarly, if he didn't know that he possessed the stolen property, in other words, someone placed the property in his possession without his knowledge, he would be entitled to an acquittal. Something that must always be considered in defending this type of case is whether or not the police officers violated this man's constitutional rights. This is extremely important because if there was any misconduct on the part of the officers and the rights of this young men were violated, the case could be dismissed all together.

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