Archive for the ‘ Criminal Defense ’ Category

Plea Bargains

Posted on: January 2, 2015 by in Criminal Defense
No Comments

Orange County criminal defense attorneyMost criminal cases in Orange County are decided when the defense and the prosecution agree to a plea bargain. The defendant in a plea bargain agrees to plead guilty to one or more charges. The prosecutor agrees to drop the other charges, reduce them, or recommend a lesser sentence. For example, in a California DUI case, a defendant may plead guilty to the lower “wet reckless” charge and accept the less severe consequences. You may be able – in some cases – to avoid jail time by accepting a plea bargain. Nevertheless, if you face a DUI charge, a drug or sex crime charge, or a theft, fraud, or robbery charge in Orange County, before you agree to any plea bargain, speak first with an experienced Orange County criminal defense attorney.

Sometimes a plea bargain agreement can be reached early in a case, even at the arraignment; in other cases, prosecutors have offered and defendants have accepted plea bargains while a jury is in deliberations. Plea bargains are good for the courts; they reduce the number of costly trials. Plea bargains benefit defendants, who avoid the harshest penalties. Finally, plea bargains are also good for prosecutors, because a conviction on reduced charges is still a conviction.

Should you accept a plea bargain if you’re charged in Orange County with a serious crime? The answer, of course, hinges on the nature of the offense and the details of your specific case. Just remember that prosecutors offer plea bargains to serve their own interests, and any plea bargain may or may not be in your own best interests. Don’t agree to anything before consulting with a good criminal defense lawyer. If you’re accused of DUI, a drug or sex crime, or a fraud or robbery in southern California, don’t wait to make the call. Contact an experienced Orange County criminal defense attorney immediately.

Tags:.

About Identity Theft

Posted on: December 29, 2014 by in Criminal Defense
No Comments

Orange County criminal defense lawyerCalifornia Penal Code 530.5. If you steal someone else’s identity to commit fraud, you are guilty of the crime of identity theft. Even if you never actually use the other person’s identity, just stealing it with the intention of using it is a crime under California Penal Code 530.5. Additionally, if you sell or give another person’s “identity” to a third person, it may also be considered identity theft. If you are charged with identity theft in Orange County, get legal help at once by arranging to speak with an experienced Orange County criminal defense lawyer.

Personal ID information can include but is not limited to a person’s name, thumbprint, driver’s license number, Social Security number, bank account number, debit or credit card numbers, passport number, tax identification number, and computer passwords. Depending on the details of the alleged crime, identity theft can be prosecuted in California as either a felony or as a misdemeanor. Identity theft is typically linked to another theft or fraud crime such as forgery, embezzlement, insurance fraud, healthcare fraud, or elder abuse.

Still, to convict you of identity theft, a prosecutor must prove beyond a reasonable doubt that you had criminal intent. If you obtained someone else’s “identity” innocently or accidentally, or if you’ve been misidentified or falsely accused, in most cases a good criminal defense attorney should be able to prove it. However, it is much harder to argue that you are innocent if you are involved in a subsequent fraud or theft that is tied to the original identity theft.

You must protect your rights and your future if you are charged with identity theft in Orange County. Make certain that you are properly represented and defended. If you’re charged with identity theft or with any crime related to an identity theft, you must have a knowledgeable attorney with considerable experience representing white-collar crime defendants. Contact an experienced Orange County criminal defense lawyer immediately.

Pot Through The Mail

Posted on: December 26, 2014 by in Criminal Defense
No Comments

Orange County criminal defense attorneyCalifornia Health and Safety Code 11360 and 11361. If you’re caught with less than an ounce of pot, the fine is a hundred dollars, and it’s not even a misdemeanor. Licensed dispensaries sell plenty of medical marijuana to patients referred to them by doctors. You might even that marijuana is legal in this state. Think again. If you are charged with the sale or distribution of marijuana in California, it’s a felony. And don’t even think about sending pot through the mail. If you’re accused of selling or distributing marijuana in Orange County, contact an experienced Orange County criminal defense attorney immediately.

If you’re caught trying to send pot through the U.S. Postal Service, you can be prosecuted for sale and transportation of marijuana under California Health and Safety Code 11360; if you are convicted, you could serve two to four years in prison, although most offenders are put on formal probation for all or part of the term. Proposition 47 did not affect California Health and Safety Code 11360, so sending pot in the mail is still a felony in our state. The sale or delivery of any amount of marijuana to a minor is a felony punishable by 3 to 7 years in prison under California Health and Safety Code 11361.

When you’re caught trying to mail marijuana, you may be apprehended at the post office or immediately after you leave there. Alternatively, you could receive a notice weeks later that you are being charged with a felony and you must show up for an arraignment. Either way, you’re going to need skilled and trustworthy legal help right away. If you’re charged with shipping marijuana through the mail, or if you’re accused of any marijuana-related crime in Orange County, put your case immediately in the hands of an experienced Orange County criminal defense attorney who can provide the aggressive legal representation you’ll need.

Tags:.

Healthcare Fraud

Posted on: December 22, 2014 by in Criminal Defense
No Comments

Orange County criminal defense attorneyCalifornia Penal Code 550(a). Healthcare fraud in California includes medical insurance billing fraud, health insurance fraud, HMO fraud, Medicare fraud, and Medi-Cal Fraud. According to a recent AARP Bulletin, more than $60 billion dollars is lost every year in the United States to Medicare fraud. Most healthcare fraud crimes are charged against healthcare professionals accused of submitting inflated or fraudulent claims. If you are accused of healthcare fraud in Orange County or anywhere in California, retain legal representation at once by contacting an experienced Orange County criminal defense attorney as quickly as possible.

Nearly 2,000 people have been charged with more than $6 billion in Medicare fraud since the Justice Department launched its Medicare Fraud Strike Force in 2007. In 2013, a record number of healthcare fraud cases were prosecuted nationally. In California, it’s also a crime to assist someone else in submitting a fraudulent claim, to solicit someone else to submit a fraudulent claim for you, or to engage in a conspiracy with others to submit a fraudulent claim.

If your work for a doctor or a clinic and you accidentally charged Medicare too much, or if you inadvertently mailed duplicate bills or bills for visits that never happened, you could be charged with Medicare fraud. The problem is that these mistakes are the same mistakes everybody makes: doing the math wrong, getting the numbers backwards, or putting the information on the wrong line on a form. Criminal intent can be difficult for a prosecutor to prove in these cases.

So, if you’re charged with healthcare fraud, it doesn’t mean that you’ll be convicted. A prosecutor still must prove your criminal intent and still must prove your guilt beyond a reasonable doubt. If you’re charged with healthcare fraud in Orange County or anywhere in southern California, get the skilled and trustworthy legal help you need and take your case to an experienced Orange County criminal defense attorney immediately.

Prostitution: California Penal Code 647(b)

Posted on: December 17, 2014 by in Criminal Defense
No Comments

Orange County criminal defense lawyerAdmittedly, prostitution and solicitation are usually crimes that do not involve the use of force or violence, but the laws against prostitution and solicitation are still enforced and prosecuted aggressively in southern California. The law in California prohibits prostitution, offering to engage in prostitution (soliciting), or hiring or attempting to hire someone to engage in prostitution (also soliciting). Middle parties who arrange or profit from prostitution can also face criminal charges. If you’re accused of prostitution or any prostitution-related crime in Orange County, it’s imperative for you to obtain legal help immediately. Contact an experienced Orange County criminal defense lawyer as quickly as possible.

Prostitution and solicitation charges are sometimes simply the result of mistakes or misunderstandings. It’s entirely possible that you were simply inappropriate, you had no criminal intent, and you were misinterpreted; it’s also possible that you’ve been misidentified or that you’ve been falsely accused. If you’re charged with one of these crimes, a prosecutor still has to prove your guilt beyond a reasonable doubt. No guarantee can ever be made regarding the result of any particular case, but a good defense lawyer can often have these kinds of charges reduced or dismissed entirely.

In California, prostitution and solicitation are misdemeanors under California Penal Code 647(b). For a first conviction on either charge, the potential penalties include up to six months in jail and/or a fine of up to $1,000. However, a good criminal defense attorney can offer real legal help to clients facing these kinds of charges. If you’re accused of prostitution or any prostitution-related crime in southern California, do not try to act as your own attorney, and do not plead guilty or accept any plea bargain before consulting a good defense lawyer. You’ll need trustworthy legal representation, so you’ll need to contact an experienced Orange County criminal defense lawyer immediately.

Tags:.

Your Rights And The Law

Posted on: December 15, 2014 by in Criminal Defense
No Comments

man being arrestedEvery person in the United States has civil, legal, and constitutional rights, and one of the missions of the criminal justice system is to ensure that those rights are honored and protected. However, the way it works seldom resembles anything you might see on television. If you are arrested and charged with a crime, and the police do not inform you of your “Miranda” rights, it does not mean you can simply walk away with no consequences. However, if you face a DUI charge, a drug or sex crime charge, or a theft, fraud, or robbery charge in southern California, and you were not informed of your rights – or if those rights were violated by the police – get legal help promptly and speak at once with an experienced Orange County criminal defense attorney.

The U.S. Supreme Court established the principle of “Miranda rights” in the 1966 case Miranda v. Arizona. Since that time, the law requires police officers to explain your Miranda rights only after you have been formally arrested but before interrogating you. Your Miranda rights include: the right to remain silent and to know that anything you say can be used against you in a court of law; the right to have a lawyer present during any questioning; and the right to have an attorney appointed for you if you cannot afford one.

If the police interrogate you for any reason – whether they inform you or not – you always have the right to remain silent, and most defense attorneys will tell you to exercise that right. If you’re accused of any felony or misdemeanor drug, sex, theft, or DUI crime in southern California, now or in the future, speak at once with an experienced Orange County criminal defense attorney for the legal counsel and defense representation that you are very much going to need.