Receiving a phone call from a police officer can be intimidating, especially if you were not expecting it. Something you say innocently or without much thought can later be misinterpreted or used to support criminal charges. You are not obligated to speak to the police officer. Politely decline ...
As California faces a significant rise in retail theft, Assembly Bill 3209 (AB 3209) introduces legal measures to protect the retail sector. Governor Gavin Newsom approved the bill into law on August 16, 2024, aiming to combat the growing issue of theft crimes and their impact on retail businesses...
California Penal Code 647(b) PC makes it a crime either to engage in or to solicit prostitution. Simply put, this means performing any sexual act in exchange for money or other compensation, or offering or agreeing to such an arrangement. Violations of PC 647(b) typically result in fines...
Pharmacies face a wide range of regulatory and contractual challenges, none more daunting than an audit from Express Scripts, Inc. (ESI). These audits, often conducted under the pretense of identifying Fraud, Waste, and Abuse (FWA), can significantly impact a pharmacy's financial standing and its...
A Civil Investigative Demand (CID) is a demand for information in a non-criminal investigation. It's a discovery tool used by several federal and state government agencies to gather information in a civil investigation. In other words, CIDs allow the government to gather...
On May 12, 2025, the head of the Department of Justice's Criminal Division released a memorandum, applicable only to Division attorneys, outlining priorities and policies for prosecuting white-collar crime. The memo suggests that the DOJ will continue to prosecute white-collar fraud...
The Centers for Medicare and Medicaid Services (CMS) is responsible for ensuring the integrity of Medicare and Medicaid programs in the healthcare sector. To this end, the CMS regularly conducts audits and compliance reviews of healthcare facilities to ensure compliance and to identify any irreg...
With the modern technology of cell phone videos, 24-hour media outlets, and social media viral content, reputation management has become a crucial aspect of the federal white-collar criminal defense process. White-collar defendants, particularly high-profile business executives...
The Low-Income Housing Tax Credit (LIHTC) program is designed to encourage the development and preservation of affordable housing for low-income individuals and families. However, like any large-scale government program, it's highly susceptible to fraud and abuse....
In California, those who escape can be charged under Penal Code 4530 (PC). Escaping prison is a felony, and the penalty for the offense is up to three years and six years if the escape utilizes force or violence. By law, the sentence will be consecutive, meaning the convict will not even start se...
Vehicles like Tesla's have self-driving capabilities, but operators are still expected to be present and responsible. Can you get a DUI if your Tesla is in autopilot mode? The answer is yes. To convict you for DUI in California under Vehicle Code 23152, it must be proven that you....
The California criminal justice system saw a significant transformation with the passing of Proposition 47 in 2014. This initiative, aimed at reducing the state's prison population and providing relief to individuals convicted of specific low-level, non-violent felonies, had a...
In the state of California, certain misdemeanor convictions, especially those involving violence, can trigger a 10-year ban on owning or possessing firearms. Some misdemeanor convictions related to domestic violence may also trigger a lifetime ban under federal law. Additionally, any misdemeanor ...
Federal white-collar offenses are nonviolent crimes typically committed in professional settings for financial gain. These crimes often result in harsh consequences for defendants. Due to the significant financial harm they can cause, white-collar crimes are treated harshly....
Internet crimes, also called cybercrimes or computer crimes, refer to criminal acts that involve the use of a computer or other electronic device, such as a smartphone. Sometimes, these crimes involve a computer for sending, receiving, or possessing child pornography. Other times, a computer is t...
Suppose you were convicted of a crime in California. In that case, receiving a sentence of probation by the judge offers an alternative to incarceration. It allows you to serve your sentence under certain conditions while remaining free. It's essential to understand, however, that....
Start here. Police officers in California cannot typically search a locked glove compartment without a warrant or probable cause. The Fourth Amendment protects against unreasonable searches and seizures, and a warrant is usually required, though exceptions exist. In other words, police typically ...
In California, a Cognitive Disability Diversion program, codified in Penal Code 1001.20 PC, allows individuals with cognitive disabilities facing criminal charges to avoid traditional court proceedings and instead participate in diversion-related treatment and habilitation....
In California, the key difference between false imprisonment and kidnapping lies in the movement of the victim. False imprisonment, defined under California Penal Code 236, involves detaining or confining someone without their consent, but it doesn't require movement. Kidnapping, defined under Ca...
If you are under criminal investigation for a child pornography-related offense in California, there are some facts you need to know. In other words, there are some issues that you may not realize about child porn possession laws and how they are investigated and prosecuted....
California Penal Code 832.18 covers the use of body-worn cameras (BWCs) by law enforcement. It requires BWCs to be activated during public interactions, including traffic stops, arrests, searches, and questioning. This law aw also outlines policies for data retention, access, and....
Suppose you are the subject of a sexual crime investigation in California. In that case, you need to be aware of the possibility of a "pretext call," in which law enforcement records you in a phone conversation without your knowledge in an attempt to gain evidence against you. At the early....
If you have been falsely accused of California Penal Code 261.5 rape, you have several possible defense strategies to challenge the criminal charges, including the accuser has an ulterior motive. People that were falsely accused of rape or sexual assault can also sometime claim the....
Suppose a minor lies about their age online, and then you engage in a sexual act with them. In that case, you can still be charged with a sex crime. Typically, not knowing that your partner is under the age of consent (18) in California is not a legal defense. Further, the minor will normally....
Let's review how California's Evidence Code 11108 can impact your sex crime case. Under EC 1108, the district attorney can introduce testimony from other alleged victims of sexual abuse by a defendant to prove certain key elements. Specifically, it allows for the admission of evidence....
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