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Articles by Topic or Issue (Traffic / Driving Offenses Continued - White Collar Crimes)

Traffic / Driving Offenses Continued

Traffic Offenses Continued

  1. Red Light Camera Ticket Upheld with Evidence Authentication

  2. Red Light Camera Ticket with No 30 Day Notice Affirmed

  3. New Traffic Ticket Amnesty Program (Vehicle Code § 42008.8)

  4. May Police Lie About the Reason for Traffic Stop?

  5. Texting While Driving with Accident – Beware of a Civil Case

  6. If in Custody, Can I Get Credit on My Traffic Tickets?

  7. What Is California Law on Riding an Electric Skateboard?

  8. Speed Traps & Engineering and Traffic Surveys

  9. When Can a Vehicle Code Infraction Become a Misdemeanor?

  10. What Is Driving with Expired Registration (VC § 5204(a))?

Driving Offenses

  1. Illegal Disability Placards Use Can Lead to Serious Charges

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

  3. What Is Joyriding? The Defenses? The Punishment?

  4. Street Racing As Assault with a Deadly Weapon (PC 245)?

  5. What's Reckless Driving (Vehicle Code § 23103) & Punishment?

  6. What Punishment for Driving without a Valid License?

  7. What Punishment Do I Face for Driving without Insurance?

  8. My Driver’s License Is Suspended –What Should I Do?

  9. What Is Vehicular Manslaughter (Penal Code § 192(c))?

  10. Willful Conduct Required for Felony Hit & Run Conviction

  11. Can Silence After a Car Crash Be Used Against Someone?

  12. What Is Vehicular Homicide (California Penal Code § 192(c))?

  13. Can a Visual Estimation of Speed Suffice for a Traffic Stop?

  14. What’s Vehicle Code § 23109(a), Engaging in a Speed Contest?

  15. What Is Violating V.C. § 23109(c), Exhibition of Speed?

  16. What Is Misdemeanor Hit & Run (Vehicle Code § 20002)?

  17. What Is Felony Hit & Run (Vehicle Code § 20001)? Punishment?

Vandalism / Graffiti

  1. What Is Vandalism and Graffiti (Penal Code § 594)?

  2. What Is a Motion for Civil Compromise and How Does It Work?

  3. Felony Vandalism Charges Proper by Adding Damages?

  4. In Vandalism, Does Restitution Include Investigative Costs?

  5. Convictions for Trespass and Vandalism for Juvenile Are Reversed

Violent Crimes

  1. Permissible to Take DNA from Accused of a Serious Crime?

  2. What Is the Law on Self Defense? What Are the Limitations?

  3. Voluntary Manslaughter and Heat of Passion Circumstances

  4. What’s a Crime of Violence for an Enhanced Federal Sentence?

  5. If Jury Not Instructed on Provocation Defense, Reversal?

  6. What Is Stalking (PC § 646.9)?  The Defenses?  Punishment?

  7. Attempted Extortion Must Involve Compelling Consent to Pay

  8. What Is Brandishing a Weapon or Pulling a Gun on Someone?

  9. What Is a Dirk or Dagger under Penal Code § 16470?

  10. In Kidnapping, Is Movement of Victim 190 Feet Enough?

  11. What Must the Prosecution Prove to Show Violation of PC 69?

  12. Can Rap Lyrics be Introduced to Prove Crime Happened?

  13. How Much Movement’s Needed for Kidnapping to Commit Robbery?

  14. What is Reckless Indifference to Human Life?

  15. Are Criminal Threats Lesser-Included Offense of Stalking?

  16. Carjacking Is Not a Crime of Violence under USSG § 4A1.1?

  17. SB 1437 Denial Improper if Based on Gun Enhancement?

  18. When is a Threat under PC 69 Not to be Believed?

  19. The Narrowing of the Kill Zone Theory – Shoot to Scare

  20. What Conditions Allow Deadly Force in Self Defense?

  21. SB 1437 Denied – Judge Finds Defendant a Major Participant

  22. SB 1437 – Finding Reckless Indifference to Human Life

  23. Does SB 1437’s Retroactivity Violate Marsy’s Law?

  24.  SB 1437 – Conviction under Actual Implied Malice?

  25. SB 1437: Felony Murder Special Circumstance Fatal

  26. Resisting Arrest (P.C. 148(a)(1)) – Knowledge Required

  27. How is “Personal Infliction” Defined?  Examples?

  28. Is ShotSpotter Evidence Admissible in Trial?

  29. Five Requirements for Criminal Threats (PC § 422)

  30. Can DA Introduce Evidence of Prior Crime to Impeach?

  31. Expert Testimony of STRmix Method of DNA Analysis OK

White Collar Crimes (Forgery / Fraud / Embezzlement )

  1. False Impersonation Conviction Reversed by Appellate Court

  2. Mail Fraud Charge Proper in Case Involving Drivers Licenses

  3. What Is Embezzlement (Penal Code § 503) and Its Defenses?

  4. What Is Insurance Fraud? The Punishment? Defenses?

  5. Is Possession of Counterfeit Money Subject to Prop 47?

  6. What Is Check Kiting? The Defenses? The Punishment?

  7. What Is Extortion or Blackmail? The Defenses? Punishment?

  8. Is Using a Stolen Credit Card Eligible for Prop 47 Relief?

  9. What Is Money Laundering? The Defenses? The Punishment?

  10. What Is Identity Theft? The Defenses? Punishment?

  11. What Is Internet Fraud? The Defenses? The Punishment?

  12. Extortion Conviction Affirmed for Website Owner & Operator

  13. What Constitutes Passing Bad Checks (Penal Code § 476(a))?

  14. What Is Forgery, Its Defenses and the Possible Punishment?

  15. Forgery Charges Although Defendants Impersonated No One?

  16. Unlicensed Practice of Medicine Although No Patients Seen?

  17. Can Passage of One Fraudulent Check Lead to Three Crimes?

  18. Are Theft by Forgery Convictions over $950 Prop 47 Eligible?

  19. What Is Auto Insurance Fraud (Penal Code §§ 548 – 551)?

  20. Charged with Conspiracy? What Must the Prosecutor Prove?

  21. What Is Unemployment Insurance Fraud and Its Defenses?

  22. Demurrer in Workers’ Compensation and Taxation Fraud Case

  23. What Is the Punishment & Defenses to Having a Fake ID?

  24. I’m a Victim of Identity Theft – How Can I Fix This Mess?

  25. What Is Business & Professions Code § 2052? Punishment?

  26. Does Acquittal for Perjury Bar Case for PC § 115(a)?

  27. What is Perjury, PC 118?  Punishment?  Defenses?

  28. Tax Evasion and a Statute of Limitations Defense

  29. Department of Alcoholic Beverage Control Default Set Aside

  30. Restitution in Unlicensed Contractor Case, PC 1202.4

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