Court Reverses Felony False Impersonation Conviction Involving Use of Birth Certificate.

If one is charged with identity theft (Penal Code § 529), there is usually some type of theft associated with it.  What if one tells police that he is another person and shows something to the police to support the misrepresentation?  Is this identity theft?  Click on the link that follows to learn more about § 529 and for answers to these rhetorical questions –

Granddaughter Guilty of Financial Elder Abuse through Embezzlement and Moving Grandmother Out of Home.

If anyone has experience handling the affairs of an elderly parent or even grandparent that may be living alone, the thought of moving the older person into different accomodations is often considered. Moving the person into a roach-filled mobile home or run-down apartment is hopefully not part of such plans.  What happens if someone does this?  Click on the following article to read about a lady involved in just this type of thing –

Federal Court Rules Collection of DNA from Felony Arrestee is Constitutional

The collection of DNA from a person merely arrested for a crime is certainly problematic insofar as DNA has information not only about a person’s identity, but also about his genetic disposition for mental illness, cancer, diabetes, learning difficulties, etc.  While matching one person’s DNA to the DNA found in a prior crime can resolve previously unsolved crimes, is it constitutional for a state to conduct such a search if it is not necessary to solving a crime for one is arrested?  What if one’s DNA in the pending matter is irrelevant?  Can the police still require such evidence?  Click on the attached article to read answers to these questions –

Court Vacates Sentence of 150 Years to Life by Dismissing Three Prior Strikes

California’s Three Strikes Law has often been criticized as arbitrary and capricious, as well as cruel and unusual punishment.  However, a defendant facing a second strike conviction usually has his sentence doubled.  A defendant facing a third strike usually faces a minimum indeterminate sentence of 25 years to life.  Judges, however, do have dicretion to remove such prior strikes for sentencing purposes only. Click on the following article to read more about how this works –

Conviction Reversed for Burglary by Acetylene Torch at Best Buy.

Burglary by use of an acetylene torch is a special type of burglary.  The prosecutor must prove specific facts.  It is important to understand the requirements of such a charge if one faces such a case or is defending someone accused of this crime.  To read about a case wherein the prosecutor failed to reach these standards, click on the attached link –

What are the Immigration Consequences of a Conviction for a Drug Offense?

If one is not a U.S. Citizen, having a conviction for a drug offense can easily subject that person to removal proceedings.  Naturally, it matters what the offense is.  For example if it is an infraction violation for possession of less than an ounce of marijuance, deportation is not a possibility.  However, for more serious offenses it certainly is.  To read more about the immigration consequences of a conviction for a drug offense, click on the following link –

What are the Immigration Consequences a Conviction for Shoplifting?

Many people underestimate the immigration consequences of being charged with shoplifting.  This is especially common among immigrants who may have returned all the items that was allegedly stolen and believe that there was no harm to the store. They are then shocked and confused to be charged in court for something that they believe was resolved.  Shoplifting, however, is theft and therefore a crime of moral turpitude.  A conviction can have severe immigration consequenes.  Click on the following link to read about such consequences –


What are the Immigration Consequences a Conviction for Domestic Violence?

Being arrested for domestic violence usually results in bail of $50,000 in Los Angeles County, even if there is no injuries or minor injuries.  To someone who is not a U.S. citizen, this alone can be frightening, as it suggests one may be convicted of a felony. What if the case is reduced to a misdemeanor?  What are the immigration consequences of each of these outcomes?  Click on the following link to read a short article about this –

Conviction Related to Sexting Properly Required Sex Offender Registration

In our judicial system, there are few things perhaps so stigmatizing for an individual as having to register for life as a sex offender.  It means every year the person must report to the local police to update his address, or in the case of a sexually violent predator (SVP), every ninety days, for life.  The sexual registration obligation also prohibits the person from living in certain areas near schools and parks.  Such a lifetime requirement is certainly understood if the person has raped multiple people by force, if the person were to even be released from prison.  But how about for “sexting” a picture to someone?  Read a summary of a reported decision that answersed this question by clicking here –

What Happens if Police Say I Refused a Breath or Blood Test?

Under California’s implied consent law that applies to anyone with a California driver’s license, one must submit to a breath or blood test if a police officer requests this.  This can be a confusing situation because a motorist may legally refuse to provide a breath sample on the side of the road before being arrested.  However, once arrested, every driver has an obligation to provide a breath or blood sample when asked by police.  What happens if one refuses to submit to such a test?  Click on the link that follows to read a short article explaining the consequences –