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Criminal Law

California Criminal Defense Blog

Focuses on drug crimes, criminal defense, white-collar crimes, drunken driving and sex crimes.
By Neil Shous, Esq.

Post Frequency: 1.9/day

Last Entry: March 30, 2011 at 16:57:15

Mexican Citizen Sentenced to Federal Prison for Illegally Selling Methamphetamines in California

Posted on January 03, 2011
On December 10, 2010, the U.S. Department of Justice announced that it had sentenced a Mexican citizen to 27 years in federal prison for illegally selling methamphetamines in California. The defendant was caught offering to sell a confidential informant six pounds of methamphetamines...

Both California and Nevada Offer Treatment Instead of Incarceration in Some Drug Cases

Posted on December 30, 2010
California and Nevada both take a progressive view of drug possession cases. Instead of punishing defendants with prison and a conviction on their record, the courts offer "diversion" programs to rehabilitate the defendants. If successful, their cases are dismissed and they can petition to seal their records right away...

Before You Agree to Buy Alcohol for a Minor, Think Again - Furnishing Alcohol to a Minor is a Crime in California

Posted on December 29, 2010
As New Year?s Eve approaches, no doubt people will be partying. This includes the underage group as well. So as you are entering the market, liquor store or another retail establishment where they sell alcohol, beware of any minors who ask you to buy some for them...

Attention California Pet Owners: Leaving Your Animal in an Unattended Car is a Crime

Posted on December 29, 2010
We see it every day?people ?running in? to do an errand while their dog or cat remains in the car. Often times, we as pet owners (or even bystanders) don?t give it a second thought. Many people leave the windows cracked, some do not. But the fact is that leaving your pet in an unattended car is a crime in California...

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Los Angeles Transient Convicted of Violating California?s Animal Abuse Laws

Posted on December 17, 2010
In a rather disturbing case, the Los Angeles City Attorney?s Office announced it convicted a 62-year-old transient male for violating California?s animal abuse laws based on an incident where he was seen having sex with a dog in public under...

First Case to Test the Nation?s New Hate Crimes Law

Posted on December 17, 2010
Three defendants in New Mexico will be the first to be tried under the new federal hate crimes legislation that President Obama signed into law in October 2009. Known as The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention...

The Difference between California's Pimping and Pandering Laws

Posted on December 15, 2010
Although they are often charged together, ?pimping and pandering? are actually two separate offenses. The similarities are huge -- they both revolve around the crime of prostitution and both subject an offender to the exact same penalties and punishment...

California's "Contributing to the Delinquency of a Minor" Law Serves as a "Catchall"

Posted on December 14, 2010
When you hear the phrase ?contributing to the delinquency of a minor?, you probably picture an adult buying alcohol for a minor. At least, that?s what most people probably picture, as that is one of the most common violations of...

California Predatory Lending on the Rise

Posted on December 09, 2010
California predatory lending schemes are not new. In fact, this type of fraud involving outright deception that takes advantage of unsuspecting borrowers has been around for quite some time. But as our state?s housing crisis became more and more disastrous,...

Crackdown on Illegal Property Flipping

Posted on December 08, 2010
Both state and federal law enforcement agencies have developed task forces to deal with some of the most pressing real estate fraud scams plaguing today?s society. One of the most common types of mortgage fraud taking place in California is...

Another Alert for Homeowners: Red Flags that Someone May Have Forged Your Deed

Posted on December 07, 2010
Forging deeds has, unfortunately, become quite common in California. People forge property deeds over to themselves and then record?or attempt to record?the deed to claim ownership of the property. This type of fraud is serious?forging deeds not only wreaks havoc...

Los Angeles D.A. Charges Eight People in Connection with California Straw Buying Schemes

Posted on December 06, 2010
The Los Angeles District Attorney?s Office charged eight people with over 76 counts of California real estate fraud. The scam, which generated $13 million in profit, involved more than 20 properties. Charges for these crimes include grand theft, forgery, perjury...

Attention California Homeowners: What You Need to Know About Rent Skimming

Posted on December 06, 2010
As we all know, California?s current real estate market is ripe with foreclosures. Many people are unable to afford their mortgages?or are upside down on their homes?and simply stop making payments to the bank. Most homeowners realize that doing so...

"Suspects" Should Never Give a Statement to the Police

Posted on December 06, 2010
Persons that are detained by the police for suspected criminal activity should NEVER give a statement. Whether you are being detained for a simple traffic violation or for a serious crime, DO NOT make a statement. You should always invoke...

Appealing California "Three Strikes" Sentences

Posted on December 02, 2010
The courts have generally upheld California?s Three Strikes Law as constitutional. However, there are times when its application constitutes ?cruel and unusual? punishment which is unconstitutional. Fortunately, when this is the case, the law provides a remedy?you can appeal a...

California Federal Appeals vs. California State Appeals

Posted on December 02, 2010
If you wish to appeal your California state conviction, you file your appeal in either the Appellate Division of the Superior Court or in the California Court of Appeal and then, if necessary, with the Supreme Court of California. However,...

9th Circuit to Hear Proposition 8 Appeals...California Appeals Attorneys Are Critical

Posted on November 29, 2010
On December 6th, the 9th Circuit Court of Appeal will hear oral argument on the very controversial Proposition 8?the proposition that banned same-sex marriage in California. Prop. 8 was declared unconstitutional this past August. So as you can imagine, the...

Internal Affairs Investigation Leads to Possible Criminal Charges for LAPD Officer

Posted on November 22, 2010
Officers who are being investigated by internal affairs typically face departmental discipline and?depending on the circumstances... sometimes even criminal charges. That?s currently the situation for a rookie Los Angeles Police Department officer who has resigned pending the results of his...

Should I Hire a Private Appeals Attorney or Seek Representation from the California Appellate Project?

Posted on November 18, 2010
When appealing a California conviction, you want to ensure you have the most qualified legal representation available. But not everyone is in a position to hire ?the best that money can buy?. Many times, a defendant must decide whether to...

Grounds for Filing a California Appeal

Posted on November 16, 2010
Let?s assume that the jury convicted you based on evidence which the judge should have excluded, since it was discovered during an illegal search and seizure. Or we can look at the fact that the prosecutor acted unethically when he...

It Ain't Over 'Till It's Over...The Beauty of a California Felony Appeal

Posted on November 12, 2010
Following your felony conviction, the judge sentenced you to an unduly harsh criminal sentence?a sentence that exceeds legal boundaries. After the jury convicted you, one of the jurors told your attorney that the verdict was based on an outside investigation...

J.P. Morgan Chase & Co. Faces Two Cases Alleging Foreclosure Fraud

Posted on November 09, 2010
J.P. Morgan Chase & Co. is the latest big Wall Street bank to disclose the fact that it faces a number of lawsuits based on allegations of improper underwriting. The bank faces class action lawsuits in California and Illinois for...

Peter Pocklington, Ex-Owner of the Edmonton Oilers, Sentenced to Six Months of House Arrest

Posted on November 09, 2010
Peter Pocklington, the former owner of the Edmonton Oilers?perhaps most notorious for trading the then Oilers superstar Wayne Gretzky to the Los Angeles Kings back in 1988?was recently convicted of perjury charges. The U.S. federal judge who sentenced Pocklington for...

Red-Flags for California Phantom Help Scams

Posted on November 09, 2010
California phantom help scams?also referred to as phony counseling?are on the rise. The current California housing market makes it easy for those who participate in this type of mortgage fraud to prey on desperate homeowners hoping to avoid pending foreclosures...

Penal Code 529 PC California's False Personation Law... A Serious Charge

Posted on November 04, 2010
Although Penal Code 529 PC California?s False Personation Law?more commonly referred to as false impersonation?may not sound like a major crime, it is. As a California fraud offense, it subjects you to a wide variety of penalties?years in the California...

Victim of a Mistaken Identification? There are Remedies...

Posted on November 01, 2010
Unfortunately, mistaken identification in California criminal cases is a big problem. Although there are a variety of causes for this, two primary causes stand out. The first is that people are often unscrupulous and falsely accuse innocent people of crimes...

Anna Nicole Smith's Former Lawyer/Boyfriend Convicted of Conspiracy

Posted on October 29, 2010
Howard K. Stern, former boyfriend and lawyer to Anna Nicole Smith, was found guilty of two conspiracy charges by a Los Angeles jury?conspiracy to prescribe prescription drugs using fraudulent means and conspiracy to furnish prescription drugs to an addict...

California Broker Sentenced to 68 Years in Prison for Real Estate Fraud

Posted on October 27, 2010
Kathy Chen, an Orange County real estate broker, was sentenced last week to 68 years in California state prison for committing $17.5 million worth of real estate and mortgage fraud between 2005 and 2007. Chen?s charges of California real estate...

The Relationship Between California Identity Theft and Using Another Person's I.D. Card

Posted on October 22, 2010
Identity theft is a rising crime, not only in California but across the nation. As a result, police and prosecuting agencies are quick to arrest and prosecute individuals suspected of this offense. But identity theft encompasses a variety of conduct,...

Californians Beware: Make Sure You Report All Income to Avoid Being Charged with Unemployment Insurance Fraud

Posted on October 21, 2010
There are a lot of negative connotations that go along with the phrase California unemployment insurance fraud. We typically think of unemployment insurance (U.I.) fraud in terms of someone unlawfully cashing another person?s unemployment check; someone creating a fictitious company...

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