Falsely Accused? Be Proactive in Mounting Your Defense

  Anyone facing false allegations of committing a crime needs to be proactive in mounting a defense.  Especially if the person being falsely accused ends up going to trial to let a jury decide their fate.  The majority of the general public who actually show up in criminal court when summoned for jury duty, hold law enforcement …

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A Criminal Fraud Conviction Requires “Intent to Defraud”

There are several different types of criminal fraud which include health care fraud, investment fraud, mail fraud, wire fraud securities fraud, insurance fraud, theft by false pretenses, and embezzlement.  No matter what type of criminal fraud charges a person is facing in California, the prosecution must be able to prove “beyond a reasonable doubt”, the …

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The Passage of Proposition 47 Mandates Several Common Felony Crimes To Be Deemed Misdemeanors

On November 4, 2014, California voters passed Proposition 47, the Safe Neighborhood and Schools Act.   This new law will have an astounding impact on the criminal justice system statewide since it reduces a number of low-level theft and drug offenses to misdemeanors.  The only possible exception is if the person has certain specified prior strike …

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Being a Federal Cooperator – Is It Worth It??

Being a Federal Cooperator Without Legal Counsel When the Feds are after a large target, usually the top people in a conspiracy ring, they will approach those individuals who are lower on the totem pole, and attempt to get them to cooperate before charges are filed against them. The agents will tell the potential cooperator …

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California Three Strikes Law – Still Unfair for Some!

Three strikes As an experienced Orange County criminal defense attorney, I have handled numerous “three strikes” cases.  Those cases were considered “life cases” under the prior three strikes law, and included cases where the third strike was any non-serious and non-violent felony, including a simple drug possession charge.  Thankfully, the law has changed.  However, there …

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Sealing An Arrest Record in California

It’s no surprise that police officers have an enormous amount of power when they are dispatched to a call involving a potential crime, and have to make a decision on whether to arrest someone.  The implications of that decision to arrest can have negative long term effects on a person, especially when charges are never …

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Search Warrant Now Required for Cell Phone Search of Arrestee

As an Orange County criminal attorney who handles drug and gang cases, I’m frequently asked about search warrants of cell phones after an arrest.  In drug cases, the police will confiscate the cell phone the alleged drug seller has in his possession, and go through the text messages looking for evidence of any indicia of …

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California Receiverships Imposed in White Collar Crime Cases

Receiverships Both California state courts and federal courts often impose receiverships in civil, administrative and criminal cases.  This post will be limited to discussing California state law regarding receiverships. What is a Receivership? Generally, a receivership removes the property or business from the control of its owners during litigation proceedings.  Receiverships are more common in complex …

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California Gang Charges in Orange County

After the increase in criminal gang activity in California during the 1980’s, the legislature decided to come up with new criminal gang activity statutes that would punish this type of activity more severely than non-gang related criminal activity.    The problem is, prosecutors routinely charge a crime as “gang related” when it isn’t, and trying to …

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Criminal Jury Trial Process: Jury Selection in Orange County

Every Orange County criminal attorney who tries cases knows that a case is won or lost as a result of jury selection.  Selecting  a jury is the most important part of the criminal jury trial process and many inexperienced attorneys don’t strategize and plan for this critical part of the process. In Orange County, criminal jury trial judges usually …

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