What is Unemployment Insurance Fraud?

Our office has handled many unemployment insurance fraud cases.  The situations leading to the crime are most often that a person files for unemployment benefits, but is looking for a job and gets the job.  The client then fails to stop the benefits from arriving, either intentionally or because he or she just does not know how, but tries.  What are the defenses to this crime?  What is the punishment?  Click on the following link to read answers to these questions.


What is Driving Without a Valid License (Vehicle Code § 12500(a)) or on a Suspended or Revoked License (Vehicle Code § 14601)?

What is the punishment for driving without a valid license?  What about for driving on a suspended license?  Does it matter why the license was suspened?  What are the defenses to this charge?  What if one drives on a revoked license?  Is the punishment more severe?  Click on the link that follows to read answers to these questions.


Witness Intimidation Can Make Admissible Otherwise Inadmissible Hearsay

In domestic violence and criminal threats cases in particular, the only evidence of the alleged crime is the testimony of one witness.  What can happen if one intimidates the witness into not testifying?  What must the prosecution show the judge to seek an order that penalizes defendant for intimidating a witness not to testify?  What are the common issues?  Click on the following article to read more about this offense.  


What Are Illegal Tinted Windows (Vehicle Code § 26708.5)?

One of the most common pretextual reasons that a police officer uses to make a traffic stop to search someone suspected of other crimes (i.e. possession of a controlled substance, sales of a controlled substance, receiving stolen property, DUI, etc.) is to stop someone for “illegal tinted windows.”  What is legally required to violate this Vehicle Code section?  What are the defenses?  Click on the following link to read more about this law.


First Degree Residential Burglary is a Crime of Violence under Immigration Laws.

Breaking into another person’s home, or even entering into such a home without permission, to steal items within is a unique crime that we all understand as serious.  The home is one’s sanctuary or safe place.  Burglary of a home can make someone inside angry enough to use deadly force.  It can incite violence by someone trying to defend themselves.  For this reason, it is an inherently violent offense that immigration laws recognize as serious for special consideration.  To read more about this, please click on the following link.


What is Passing Bad Checks (Penal Code § 476(a))?

In these tough economic times, our office has seen an increase in folks who are being charged with passing bad checks.  The individual may be paid on commission or on an hourly basis and the write a check in advance of receiving their pay, only to then receive their paycheck, but for too little to cover the check.  Does this sound familiar? What is the punishment for this? What are the defenses?  Click on the following article to read answers to this.


What is Embezzlement (Penal Code § 503)?

Are you or a loved one charged with one or more counts of embezzlement? What exactly is required to prove embezzlement?  What are the defenses? What is the punishment?  How do such cases often resolve?  What are the most important issues, besides the most obvious one of restitution?  Click on the following link to read answers to these questions.


Are Criminal Threats Protected Speech Under the First Amendment? Appeals Court Say No.

Perhaps only a lawyer who can’t see the forest through the trees would argue that criminal threats are protected under the First Amendment, right?  Well, rather than being laughed out of court, a case raising just this issue was appealed from a trial court ruling that criminal threats enjoy no First Amendment protection.  How did the appeals court rule?  Click on the following link to find out.


What Punishment Do I Face For Possession of Marijuana?

If one does not have a doctor’s recommendation for marijuana use or one has a large amount of marijuana in excess of the limits of such a doctor’s recommendation, it is a crime to possess marijuana in California.  What is the punishment for such a violation?  What are the defenses?  Click on the following article link to read answers to these questions.