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 –