California

LITIGATION UPDATE: On December 6, 2022, Judge Robin L. Rosenberg of the Southern District of Florida dismissed all the Zantac MDL lawsuits. She claimed insufficient evidence tied ranitidine to cancer. We are appealing to the Eleventh Circuit and are hopeful for a positive outcome. In the meantime, we are not taking any new Zantac clients. …

Penal Code 206 PC: What is considered "torture" in California law?Watch this video on YouTube California Penal Code § 206 PC defines the crime of torture as inflicting great bodily injury on a victim in order to cause extreme pain or suffering, when done for the purpose of revenge, persuasion, or any sadistic aim. Torture …

Who Can Be Charged with "Grand Theft Auto" in California? Advice from Top Criminal Defense AttorneyWatch this video on YouTube Penal Code 487(d)(1) is the California statute that defines the offense commonly known as “grand theft auto“. This section make it a crime to take someone else’s vehicle, worth $950 or more, without permission, with the intent to deprive the true owner of …

The California Appellate Project is a nonprofit entity under contract with the State of California to represent indigent defendants, who have been convicted of criminal offenses, to appeal their convictions. In the United States, every defendant who has been charged with a misdemeanor or a felony is entitled to legal representation – even defendants who cannot otherwise afford an attorney.1 This right applies not only …

4 ways people get nailed for "unemployment (EDD) fraud"Watch this video on YouTube Unemployment insurance fraud (EDD fraud) in California is when applicants supply false or incomplete information to seek or obtain unemployment benefits to which they are not legally entitled. On the employer side, EDD fraud occurs when a company supplies false information so that current or …

Competency to Stand Trial in California: A Former D.A. ExplainsWatch this video on YouTube Federal and state law require that a person must be competent in order to stand trial for a criminal charge. Competency means that a defendant understands the nature of the court process. This includes a grasp of the charges and parties involved. Competency ensures …

"Circumstantial evidence" vs. "direct evidence" – A former DA explainsWatch this video on YouTube Circumstantial evidence is proof of a fact or set of facts from which one could infer the fact in question. For example, that a suspect is seen running away from a murder scene with a weapon in hand is circumstantial evidence he committed the murder. …

Penal Code § 503 PC is the California law that makes it a crime to commit embezzlement, which is “the fraudulent appropriation of property by a person to whom it has been entrusted.” So whereas larceny is a wrongful taking, embezzlement is a wrongful keeping. Examples of embezzlement include: a cashier at Walmart pockets some cash …

Real estate fraud is where one person or party commits fraud in connection with the purchase, sale, rental or financing of real estate property. Real estate fraud is a crime under state and federal laws and can result in jail or prison sentences. A party can commit this fraud at several different stages of a given real estate transaction. Some of …

"Bail Hearings" in California – What Do Judges Consider? 2020 UPDATES IN DESCRIPTIONWatch this video on YouTube A bail hearing is a court proceeding where a judge decides whether to allow a defendant to post bail and be released from custody while awaiting trial. A judge could also decide to set bail at a higher or lower amount than what is scheduled for …

In California criminal cases, a Romero motion is where you ask the judge to remove a prior strike conviction in furtherance of justice so that it does not get used against you at sentencing. This way, you avoid a “Three Strikes and You’re Out” mandatory state prison sentence of 25 years-to-life. Here are three key …

"Doctor Shopping" – Go to jail for too many prescriptions?Watch this video on YouTube In California, doctor shopping is defined as trying to obtain controlled substances you do not medically need by giving false information to healthcare providers or by hiding material facts from them. It is a type of prescription fraud prosecuted under Health …

Judges can make bad rulings. Prosecutors can act unethically. Defense lawyers can fail to act with competence. And juries can return the wrong verdict. If any of these things happened to you, and it led to a criminal court conviction, do not despair. The law offers a second chance at justice. We’re a statewide law …

Is it a crime to lie to police during a traffic stop? (California Vehicle Code 31)Watch this video on YouTube Vehicle Code 31 VC is a California statute that makes it a misdemeanor to provide false information or documentation to a police officer. This includes a false name, driver’s license or vehicle registration. A conviction …

PPP (Paycheck Protection Program) loan fraud is obtaining money by false pretenses through the CARES Act. As of April 2020, eligible small businesses can obtain up to $10 million to cover payroll, mortgages, rent, and utilities for eight weeks. And the government will forgive the debt if the money goes towards these “qualified expenses.” Only …