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It is often thought that in cases involving the distribution, receipt, or possession of child pornography are not taken as seriously as cases involving the production of child pornography because the offense does not involve an actual victim. However, this is untrue. Just looking at or possessing child pornography on your computer, or other electronic device, can secure a minimum of five years in prison. These types of cases are also taken very seriously in state courts today, and in California, whether you are charged with a misdemeanor or felony, you will be listed as a registered sex offender for the rest of your life under California Penal Code section 290. Therefore, if you are under an active investigation for the possession of child pornography, distribution of child pornography, or any related offense, you should immediately obtain the services of a seasoned criminal defense lawyer, specifically one who specializes in child pornography cases. Child Pornography Cases Are on the Rise With the advancements in technology,...
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Getting Your Case Dismissed If you have been charged with a crime, there is a chance you can get the case dismissed when working with a seasoned criminal defense lawyer. They will have the ability to evaluate your case and the various available evidence to determine the possible strategies to obtain a dismissal. This process starts with your attorney determining whether there are any grounds on which a case can be dismissed, and the following will review some of the most common strategies for obtaining dismissal. Errors in Criminal Complaints The purpose of criminal complaints is to provide some kind of showing that the government has a legitimate reason to prosecute the defendant, as well as clearly inform the defendants of the allegations against them. When submitting a complaint to the court, the law enforcement official must sign the document under oath and attest that the contents of the document are truthful. If your defense attorney finds reason to show that the complaint was not...
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If you have been charged with sexual assault, it is vital to seek legal representation as soon as possible. Sexual assault allegations are taken very seriously, and a being convicted of sexual assault secures consequences that will follow an individual for the rest of their life. What Classifies Sexual Assault? Sexual assault is any type of sexual activity without the consent of the person being pursued and it can present itself in a variety of ways. It is also important to note that in a number of sexual assault situations, the victim usually knows the perpetrator. Generally, the most well-known form of sexual assault is rape. While rape can take on several forms, the most common are: Date rape: Rape committed by someone that the victim is dating. Acquaintance rape: Rape committed by someone that the victim knows, such as an acquaintance, friend, co-worker, date, or spouse. Most rapes are acquaintance rapes. Stranger rape: Rape committed by someone that the victim does not know. Alcohol-involved...
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The death penalty, also known as Capital Punishment, is currently legal in 31 states, including California. Although, the state of California has not executed anyone in 13 years as of January 2019, there are still nearly 1,000 people that have been sentenced to death since the current system was adopted in 1978. In that time, there has been a total of 13 executions. In California, state law permits the district attorney to seek the death penalty in any of the following criminal matters: First-degree murder with special circumstances, including: Murder for financial gain Murder where the defendant has a prior conviction for first or second-degree murder Murder of multiple people Murder committed using a bomb or explosives Murder to evade arrest or capture Murder of an on-duty police officer or firefighter Murder of a prosecutor, judge, juror, or elected official in retaliation Murder committed to prevent a witness from testifying in a legal matter Murder committed because of a victim’s race, sexual orientation, gender, or...
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When people think of embezzlement, they generally think of a corporate officer stealing millions of dollars from company funds. Although this is true, there are many other ways one can be convicted of embezzlement. For example, taking money from deposits before bringing them to the bank or using a company credit card for non-related company expenses are also deemed embezzlement. These situations may seem much less severe than stealing millions, however, in California, being convicted of embezzlement secures consequences that will follow a person for the rest of their life. What Is Embezzlement and How is it Proven? Embezzlement is a specific form of theft or misappropriation of funds placed in one’s trust or belonging to one’s employer. In California, there are four elements that the prosecution must prove to obtain an embezzlement conviction: The owner of the property entrusted the property to the defendant. The owner did this because he or she trusted the defendant. The defendant fraudulently used or converted that property in...
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Accidents Because accidents happen regularly, California law recognizes this, and excuses alleged criminal conduct that occurs accidentally. However, this only applies if the crime that you accidentally committed was without criminal intent or negligence. With this, you should bear no criminal liability, yet, in some accident cases, prosecutors may still file charges if it appears you acted with ordinary or criminal negligence. Ordinary negligence takes place when you fail to act as a “reasonably prudent” person would have. In California, this means you present a nonchalant or reckless attitude towards what resulted from the accident while in court. Alibi If you are accused of a crime, but could have not committed it because you were elsewhere during the time the crime was committed, you have an alibi. Alibis are one of the most commonly used legal defenses and are pretty much foolproof in most cases if the it can be corroborated with witnesses, surveillance tapes, credit card receipts or other evidence. Insanity Whether a defendant...
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Often times, people confuse a theft and a robbery as the same thing. Although similar, they involve different tactics and motivations, therefore they are handled differently in a court of law. Understanding Theft: Theft is used to cover an array of crimes and many people have fallen victim to theft. Whether this be a friend taking money without permission, a backpack being stolen from a gym locker, or using public transportation without paying for it, all are considered theft. With that said, the general definition of theft is the felonious taking and removing of personal property with intent to deprive the rightful owner of it. Here are five major types of theft: Petty Theft: This is one of the more common types of theft and it involves stealing small amounts of goods or cash. Automobile Theft: This occurs when someone takes another person’s vehicle, often called carjacking or grand theft auto. Extortion: This involves using intimidation or threats of physical harm, oral or written, to...
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In the United States, The Fourth Amendment to the US Constitution reads as follows: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” In simpler terms, this means a police officer is restricted from searching through your private space and belongings without a warrant and/or probable cause. Although we have this right as Americans, it is often discarded as authorities partake in illegal searches and seize things that they know can be used against you in the court of law. In these instances, it is best to work with a criminal defense attorney because they can take steps in ensuring these things are dismissed in court, as any items seized during an illegal search cannot be used to convict you...
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