Some plea bargains get a little too creative in an attempt to resolve the case and avoid trial. In the case summary that follows, a Marcia Tate entered into a plea bargain wherein she agreed to waive her future good time / work time credits under Penal Code § 4019 that she would be otherwise eligible for once in custody. Was this permissible? Click on the following link to find out.
Cybercrime, also known as Internet fraud, is a rapidly growing form of crime. It can involve phishing (identity theft), hacking into a computer network, healthcare fraud to work-at-home scams, to name a few. What must be proven by the prosecution? What are the defenses? What is the punishment? To read answers to these questions, click on the following link.
Identity theft is a common crime nowadays with the ability to make electronic transactions by cell phone from almost any location. However, the crime is much more broadly defined than to just include using someone else’s ATM card or credit card without their consent. How is it defined? What must the prosecutor prove to convict someone of this crime? What are the defenses? What is the punishment? Click on the following link to find answers to these questions.
Anyone accused of money laundering knows exactly what it is and why it is illegal, but for a friend or family member unfamiliar with the facts needed to prove such a claim, this crime can seem complicated. What is needed to prove this crime? What are the defenses? What punishment is associated with a conviction for money laundering? To read answers to these questions, click on the following link.
As the reader may know, Proposition 47 only applies to certain minor drug possession charges an minor theft cases involving $950 or less. The applicant also must be personally eligible, i.e. he cannot have certain prior convictions. Commercial burglary is not eligible because one has the intent to steal before entering the store, whereas petty theft is, as the presumption is the intent involved with petty theft is more spontaneous or even formed once the thief is in the store. Is using a stolen credit card eligible for Prop 47? To find out, click on the following link.
The terms blackmail and extortion are used liberally to describe a wide variety of things. What exactly is extortion? What is blackmail? What are the defenses and punishment to each charge? Is it a felony? To read answers to these questions, click on the following link.
Check kiting was a glamorized crime reserved for sophisticated criminals in the 1960’s, but it still does occur nowadays, as our office has represented a few clients on this charge. What must the prosecution prove? What are the defenses? What is the punishment? For answers to these questions, please click on the following link.
Are you or a family member accused of violating Penal Code § 273a(b)? Was the conduct just disciplining the child? Or was it more? Was the child given medical treatment? How much? What are the defenses? What is the punishment? To read answers to all these questions, click on the following link.
Heath Maynarich was caught while trying to buy something with three counterfeit $50 bills. He was later convicted of forgery, Penal Code § 475, a felony. After Proposition 47 passed, allowing certain felons convicted of specified felonies to seek resentencing of the convictions as misdemeanors, Maynarich sought resentencing, too. However, § 475 is not one of the specified offenses. Maynarich instead argued that his offense was really check forgery, which was eligible for resentencing. How did the court rule on this? Click on the following link to find out.
Ryan Butcher was convicted in the Inglewood Superior Court of violating Penal Code § 2800.2(a), felony evading a police officer. He was sentenced to a three years joint suspended sentence and placed on three years of formal probation. While on probation, he picked up a new case and his probation was revoked. Did he serve his prison sentence in prison or county jail under AB109? The answer may surprise you. Click on the following link to find out.