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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

When Possible, Try to Negotiate for an Infraction

Posted on October 18, 2010
Although an infraction is technically a crime under California law, a conviction only subjects you to minor penalties. When convicted of a California infraction, you face no jail time, no probation, and a maximum $250 fine. The most common examples...

The Reality of Coerced Confessions

Posted on October 15, 2010
We commonly associate the phrase ?coerced confessions? with what could only take place in either renegade countries or in thriller/drama television shows and movies. But the sad (and scary) reality is that coerced confessions are all too common right here...

More on Forging or Counterfeiting Fake Driver's Licenses and I.D. Cards

Posted on October 13, 2010
Last week, we blogged about the seriousness of carrying a fake I.D. or driver?s license (even though it?s a common offense among underage college students). Following up on that blog is the seriousness of being the individual or group who...

Nevada Has Most Child Deaths Per Capita Due to Child Abuse

Posted on October 12, 2010
A 2001 study by the Office of Juvenile Justice and Delinquency Prevention maintains that Nevada ranks number one for child-abuse related child deaths per capita. The Clark County Department of Family Services claims that the majority of these cases occur...

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Parents Beware: If Your Child Has a "Fake" Driver's License, He/She Could Face Serious Charges

Posted on October 08, 2010
It?s a fact. Many (if not most) ?underage? college kids obtain fake driver?s licenses so that they can go to clubs, bars, and the liquor store to buy booze. For a small fee almost anyone can get their hands on...

California Crimes Involving Disability Placards

Posted on October 05, 2010
California has two prominent laws that deal with illegally using disability placards and counterfeit or fraudulent disability placards. And while these crimes may seem relatively harmless, both are misdemeanors, punishable by up to six months in jail and by fines...

Lying to the DMV Can Land You in Serious Trouble

Posted on October 01, 2010
Let?s say that for one reason or another, you decide to apply for a second driver?s license. You use a false name or a false birth date and submit your application to the California Department of Motor Vehicles. You figure...

Don't Lose Your California Contractor's License Just Because You've Suffered a Conviction

Posted on September 29, 2010
Contractors beware! Not only can the Contractors State License Board (CSLB) discipline you for any fraud or theft offense you commit against a client, but it can also discipline you for receiving almost any misdemeanor or felony conviction?even if it...

Vehicular Manslaughter isn't Involuntary Manslaughter...At Least Not in California

Posted on September 28, 2010
You violate Penal Code 192(b) California?s involuntary manslaughter law when you commit either an unlawful act (not amounting to a felony), or a lawful act that involves a high risk of death or great bodily harm if you commit that...

The Effect of a California Domestic Violence Conviction

Posted on September 28, 2010
California?s laws against domestic violence are serious and comprehensive. But a conviction doesn?t just subject you to fines, community service and/or therapy, and potential incarceration. Because California defines domestic violence as a crime of moral turpitude (CIMT), a conviction actually...

Is Confinement Punishment?

Posted on September 24, 2010
California law punishes those persons who intentionally commit crimes. This means that if, for example, a defendant accidentally breaks the law, is unconscious at the time he/she breaks the law, or was compelled to commit a crime because of severe...

Criminal Convictions Can Have a Far-Reaching Impact

Posted on September 23, 2010
Obviously, no one wants to be convicted of a crime. Whether it?s a misdemeanor or a felony, a criminal conviction subjects you to possible incarceration, substantial fines, victim restitution, community service / labor and, of course, stigma. But in addition...

The Penalties for Violating California's Murder Law

Posted on September 22, 2010
The penalties for violating Penal Code 187 PC California?s murder law vary quite a bit, depending on the exact circumstances of your case. They can range anywhere from fifteen years in the California state prison to death. If you are...

It's Never Too Late to Make a Fresh Start

Posted on September 20, 2010
Let?s face it. Having a criminal conviction can affect your life in a variety of ways. Whether you?re being denied employment, housing, loans, a professional license, entrance into a higher education institution, or just want to put your past behind....

California Sex Offenders May No Longer Have to Register

Posted on September 16, 2010
If you are a California sex offender who is currently required to register with the state, you may be able to obtain relief from this lifetime duty. A California certificate of rehabilitation allows certain sex offenders to discontinue their registration...

NYPD Officer Suspended Without Pay for Refusing to Help Dying Girl

Posted on September 13, 2010
NYPD Officer Alfonso Mendez was suspended without pay when he allegedly stood by and did nothing but harass a mother who was trying to get her dying 11-year-old daughter to the hospital. Briana Ojeda suffered a major asthma attack at...

Ventura County Business Owners Plead Guilty to Workers' Compensation Fraud

Posted on September 10, 2010
Michael Nuciforo and James Nuciforo, owners of D&J Drywall Painting, Inc. of Newbury Park, California are scheduled for their sentencing hearing on September 22, 2010. Both men plead no contest to three felony counts of California workers? compensation insurance fraud...

California's Criminal Court Process Explained

Posted on September 09, 2010
Being arrested and thrust into California?s criminal court process can be one of the most frightening experiences of your life. Understanding how it works may help ease some of those fears. Your first formal court appearance is the arraignment, which...

When Prosecutorial Conduct Goes Too Far

Posted on September 09, 2010
Prosecutorial misconduct?that is, any conduct that the prosecutor engages in that is misleading, dishonest, or illegal?should always cause concern. However, it is often overlooked or set aside. Many times, prosecutors who make inappropriate or unethical comments during a trial are...

Ineffective Assistance of Counsel Should Be Renamed Incompetent Assistance of Counsel

Posted on September 09, 2010
Because, quite truly, that?s what the actual standard is. Ineffective assistance of counsel implies that the attorney wasn?t effective in getting his/her client an acquittal or dismissal of the charges. Clearly, that?s a ridiculous assumption, because if every criminal defendant...

Why Arguing Your Case Can Result in a Better Sentence

Posted on September 07, 2010
California criminal law invests judges with a wide amount of discretion when it comes to sentencing convicted defendants. Whether the law sets forth three different sentencing options (for example, two, three or four years), establishes outer limits (such as 90...

Suspected Burglars Arrested for Drugs and Paraphernalia

Posted on September 03, 2010
Two Nevada men were arrested last week for a variety of drug violations. They were originally stopped because police thought they were burglars. Turns out they were not burglars, but both had warrants out for their arrests. When the cops...

When Accountants are Held Accountable

Posted on September 02, 2010
The most recent highly publicized case of accountant misconduct involves David Friehling, Bernie Madoff?s longtime accountant who faces 105 years in prison for his alleged fraud charges. And while most accountant misconduct doesn?t rise to this criminal level?or to this...

ESPN's Jay Mariotti Released from Jail on $50,000 Bail

Posted on September 01, 2010
Last week, Jay Mariotti, one of ESPN?s TV commentators and writer for Fanhouse.com was arrested for felony domestic assault committed against his girlfriend. The arrest stemmed from an incident that began in a Santa Monica club and escalated when Mariotti...

Dr. Conrad Murray's Preliminary Hearing Set for January 4, 2011

Posted on August 26, 2010
A Los Angeles judge has scheduled a preliminary hearing for Dr. Conrad Murray on January 4, 2011. Dr. Murray is the doctor charged with involuntary manslaughter in connection with the drug overdose of legendary pop-star Michael Jackson. At his California...

When the Judge Gets it Wrong

Posted on August 19, 2010
There are a number of precautionary steps within California?s criminal justice system to try to prevent innocent people from being wrongly prosecuted and convicted. One of these steps is a preliminary hearing. A preliminary hearing is held at the beginning...

When Justice Goes Awry

Posted on August 18, 2010
Anyone charged with a misdemeanor or felony offense in California has the right to a jury trial. The right to be ?judged by one of your peers? is so deeply rooted in our criminal justice system that if anything or...

Criminal Convictions and Their Impact on California Medical Licenses

Posted on August 16, 2010
It?s a well known fact that when a licensed physician is convicted of engaging in prescription fraud, medical fraud, insurance fraud, or inappropriate behavior with a patient, it?s pretty much a given that he/she will be disciplined. This is because....

Professional Licenses and Criminal Convictions

Posted on August 13, 2010
Let?s say you and your girlfriend get into a fight. Emotions are running high and in the heat of passion, you strike her. She calls the police and you are charged with and convicted of misdemeanor domestic violence. Your California...

High School Principal Charged with 17 Counts of Lewd Conduct with Minors

Posted on August 06, 2010
Jonas Silverio resigned as Firebaugh High School?s principal on June 30th when his teaching credentials were suspended due to pending criminal charges. Silverio is set to be arraigned at the Compton Superior Court on August 11th. If convicted of any....

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