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Overview of California's Fraud Laws

Posted by Dmitry Gorin | Jan 20, 2023 | 0 Comments

Under California law, fraud is defined as an intentional deception made for unfair personal gain or causing harm or loss to another person. To that end, the state has dozens of laws on the books criminalizing many types of fraud. Fraud is primarily considered a "white-collar crime"...

California Corporate Securities Law of 1968

Posted by Dmitry Gorin | Jan 17, 2023 | 0 Comments

Let’s review the white-collar crime of securities fraud to better understand the California Corporate Securities Law of 1968, which regulates all offers and sales of securities. Of note is that all securities offered or sold have to be either qualified with the Commissioner of the...

Disturbing a Religious Meeting - Penal Code 302 PC

Posted by Dmitry Gorin | Dec 16, 2022 | 0 Comments

The Constitution protects the rights of freedom of speech and religious expression. However, those rights only extend to the point where the rights of one do not infringe upon the rights of others. In the State of California, for example, the law specifically protects freedom of...

Collecting Restitution Funds - Penal Code 1214 PC

Posted by Dmitry Gorin | Nov 23, 2022 | 0 Comments

If you have been accused of a crime in California where a victim suffers a loss, the court may mandate that you make restitution to the victim as part of your sentence. However, mandating restitution and collecting it are two different things. California Penal Code 1214 PC is the law that makes...

Planting or Tampering with Evidence - Penal Code 141 PC

Posted by Dmitry Gorin | Nov 22, 2022 | 0 Comments

Evidence tells a story. Because determinations made in court are mainly based on the available evidence, the act of tampering with evidence to make it tell a different story than what happened is a serious offense. In California, it is a crime under Penal Code 141 PC to tamper with evidence or to plant...

Criminal Profiteering - California Penal Code 186.2 PC

Posted by Dmitry Gorin | Nov 08, 2022 | 0 Comments

Functioning much like federal RICO (Racketeering Influenced and Corrupt Organization) charges, California Penal Code 186.2 PC was created to prosecute criminal enterprises at the state level. These offenses are referred to as “criminal profiteering.” PC 186.2 is part of the “California Control of Profits of...

Altering or Changing a VIN - Vehicle Code 10750 VC

Posted by Dmitry Gorin | Oct 31, 2022 | 0 Comments

Every motor vehicle in the United States is inscribed with a unique identifier known as a Vehicle Identification Number or VIN. This number is necessary for various purposes, including tracking auto registrations, insurance coverage, recalls, warranties, incidents of theft, etc. It's a misdemeanor...

Shining a Light at an Aircraft - Penal Code 247.5 and 248 PC

Posted by Dmitry Gorin | Oct 10, 2022 | 0 Comments

Because pilots of airplanes, helicopters, and other aircraft rely heavily on visual prompts and aircraft sensors, any visual interference from the ground can have disastrous results. For this reason, it is a crime in California to shine a light or point a laser at an aircraft to interfere with its operation. The offense...

Does the Death Penalty Still Exist in California?

Posted by Dmitry Gorin | Sep 17, 2022 | 0 Comments

The question of capital punishment (the death penalty) has been a hot-button issue in the state of California for many years. While the courts and politicians have consistently moved toward abolishing the death penalty, voters have always (until recently) either refused to abolish it or fought to have...

Resisting Arrest Laws in California - Penal Code 148 PC

Posted by Dmitry Gorin | Aug 24, 2022 | 0 Comments

As is the case in most states, it is a crime in California to resist arrest. However, the "resisting arrest" law (Penal Code 148 PC) is broadly written to include many other behaviors that constitute a criminal offense. Put simply, it’s a crime to impede or delay any public/peace officer or EMT from executing...

Picketing Outside a Courthouse - Penal Code 169 PC

Posted by Dmitry Gorin | Aug 22, 2022 | 0 Comments

The Constitution of the United States protects the people’s right to peaceful assembly and protest. However, in some cases, protesting can cross the line into criminal activity. In the state of California, for example, Penal Code Section 169 PC makes it a crime to picket in or near a courthouse to...

False Report of an Emergency - Penal Code 148.3 PC

Posted by Dmitry Gorin | Aug 04, 2022 | 0 Comments

When someone calls and reports an emergency, first responders and other relevant agencies will be sent to deal with the situation. When somebody decides to intentionally report a crisis that does not exist, they are wasting taxpayer's money and tying up services that could be needed elsewhere...

Bribery of Judges or Jurors - Penal Code 92 PC

Posted by Dmitry Gorin | Jul 28, 2022 | 0 Comments

In the State of California, it is a felony offense to attempt to bribe a judge, juror, or any other judicial officer. It is also a felony for jurors or judicial officials to accept bribes. Both are serious charges with harsh penalties, including up to four years in state prison if convicted. It's a felony crime in California...

Committing a Felony While on Bail or OR Release

Posted by Dmitry Gorin | Jul 21, 2022 | 0 Comments

If you have been accused of a felony crime in California, then it’s possible you could be released on bail pending your trial. There are even situations where you could be released from custody by the judge on your own recognizance, commonly known as an “OR release.” If by chance, you are released....

When Can Police Search Your Cellphone?

Posted by Dmitry Gorin | Jul 01, 2022 | 0 Comments

The question of when police can lawfully search a cell phone for evidence of a crime has been the subject of much debate. Cellphones, after all, are effectively mini-computers that may contain a wealth of information, and the fact that we carry these devices on our person could make it that much...

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