Being convicted for committing fraud can have serious, life-altering consequences. The punishments associated with a fraud conviction can include substantial financial penalties, jail time, and probation. Under California law, fraud encompasses several different offenses. It is generally considered to be a “white collar crime” involving individuals working at financial institutions, insurance companies, and other business entities. An act of fraud is usually considered to have occurred if you allegedly received an unfair benefit and/ or harmed another person by causing them loss monetarily or in some other fashion. Types of Fraud Identity theft: This form of fraud typically involves gaining possession of a third party’s social security number, driver’s license, and/or bank account. It can also include forging or possessing a fraudulent public seal. Credit card fraud: This form of fraud is similar to identity theft in that the crime involves gaining…
Understanding Fraud Charges
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Soccer Star’s Domestic Violence Case to Go Forward in Washington
The complex case of an alleged incident of domestic violence in which famed soccer star Hope Solo was accused of being the abuser is once again on track to go forward after the Washington Court of Appeals refused to undo a Superior Court decision that revived the case, the Seattle Post-Intelligencer reported. The misdemeanor case, which was sent back to the municipal court in the City of Kirkland, highlights the complicated nature of domestic violence, in which the people who are abused and who offend are more diverse than the usual stereotypes surrounding domestic violence suggest. The incident that led to the Solo case was one in which, as with many domestic violence cases, alcohol may have been a factor. The famed soccer goalie arrived at her half-sister Teresa Obert’s home in the aftermath of a fight between between Solo and her husband, former NFL player Jerramy Stevens. Sometime later that night, police responded to Obert’s home. According to the…
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Tisdale on Constitutional Errors at Trial
Gavin R. Tisdale (University of Connecticut, School of Law, Students) has posted A New Look at Constitutional Errors in a Criminal Trial (Connecticut Law Review, Vol. 48, No. 5, July 2016) on SSRN. Here is the abstract: On appeal, an...
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Minnesota Releases Study Of DUI Drivers
Police officers may have the best chance of stopping DUIs in Los Angeles and other areas when they understand who is at the greatest risk of driving under the influence and when and where such incidents are most likely to occur. Minnesota’s Office of Traffic Safety has compiled that information for their state and released it for public review in its report, “Minnesota Impaired Driving Facts 2015.” The report revealed that: • One out of every seven licensed Minnesota drivers has at least one DWI. • There were 25,027 DWI arrests in Minnesota in 2015. That averages out to 69 DUIs per day. • The average blood alcohol content for drivers convicted of DWI was 0.16 percent. The average for DUI drivers involved in a fatal crash was 0.19 percent. • 137 (33 percent) of the 411 people who died on Minnesota Roads in 2015 were killed in alcohol-related crashes. That included…
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California DUI Bill Could Expand Ignition Interlock Requirements
California could soon be among the 25 states that require drivers with a first DUI conviction to install ignition interlock devices in any vehicles that they drive. The new law would not affect the penalties for anyone convicted of DUI in Los Angeles, since Los Angeles, Alameda, Sacramento and Tulare Counties have been operating under a pilot program that requires an IID for first-time offenders since 2011. Senate Bill 1046, championed by Senator Jerry Hill, passed the Senate in late August; the California State Assembly approved a similar bill earlier in the year. The legislation now sits on Governor Jerry Brown’s desk; he must decide by September 30th whether or not to approve the bill or veto it. If the bill becomes law, a first DUI offense would require installation of an IID for six months, with lengthier periods for increasing offenses. (Second DUI – one year; third DUI – two years; fourth and any subsequent DUIs – three years.) MADD supports the…
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Another Bogus Argument Against Prop. 66
Bob Egelko has this article in the SF Chron on the California death penalty initiatives. The story includes this gem regarding the reform initiative, Proposition 66:"It's modeled after the laws in Texas, where we know innocent people have been executed," said Elisabeth Semel, director of the Death Penalty Clinic at UC Berkeley Law School. Death penalty supporters heatedly dispute that claim, but Semel cited the Texas case of Cameron Todd Willingham, executed in 2004 for killing his three children in a fire that a series of experts, including one hired by the state, have since concluded was most likely accidental.One might read that paragraph to say that supporters dispute the claim that Texas has executed innocent people but concede the claim that the initiative "is modeled after the laws of Texas." Not so.Unlike Ms. Semel, I actually know the answer. I wrote the draft of the procedural reform provisions of the initiative, and I…
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Nashville Moves to Decriminalize Marijuana
The Nashville Metro Council has passed on second reading a proposal to decriminalize marijuana. Final reading is coming up soon. It has a ton of support locally and is expected to pass. The proposal is to make possession of marijuana less than one half ounce a civil matter much like a traffic ticket. It would carry a $50.00 fine. Nashville residents who enjoy a little 420 should not rejoice yet. Is the local ordinance legally valid ? Probably not. A local ordinance does not trump state law. The effort to decriminalize marijuana here in Nashville is just a waste of time. Nashville police can still enforce Tennessee state law governing the possession of marijuana. Decriminalizing marijuana will only be effective if it done on a state level. It is a lot of talk with no real change in the law.
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The Trouble With Pot Legalization
Q. Who said this about marijuana legalization?The problem with anything, a certain amount is OK. But there is a tendency to go to extremes. And all of a sudden, if there's advertising and legitimacy, how many people can get stoned and still have a great state or a great nation? A. Cal. Gov. Jerry Brown. Joe Garofoli et al. have this article in the SF Chron.Actually, I pretty much agree with the Gov. on this one. Legalization as such doesn't bother me so much. Smoking pot and possessing it for use have been de facto legalized already in California. However, the existence of a large marijuana industry with widespread marketing is a great danger, in my view. See this post.
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Self-defense and The Other
Self-defense is a legal defense to certain criminal charges in Minnesota. The types of crimes alleged where a defense of self-defense might be asserted include: assault, murder, disorderly conduct and others. It is not a bright-line sort of law. If there were, the law would be easier to apply but justice and fairness would be sacrificed. Instead, the law asks the finder-of-fact (the jury in the case of a jury trial) to look at the totality of circumstances to determine whether the accused person acted in self-defense. A totality-of-the-circumstances test is more difficult to apply than a bright-line test, but can be more fair, more just. Inevitably however, when a person judges another and their past choices under a totality-of-the-circumstances test (as with self-defense), that person must use their discretion; and in doing so will apply their own life experiences, biases, and point of view. Who is The Other? Early in the…
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Eldar & Laist on Motive
Shachar Eldar and Elkana Laist (Ono Academic College Faculty of Law and Government of the State of Israel) have posted The Irrelevance of Motive and the Rule of Law (New Criminal Law Review, Forthcoming) on SSRN. Here is the abstract:...
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The Intercept: Long-Secret Stingray Manuals Detail How Police Can Spy on Phones
The Intercept: Long-Secret Stingray Manuals Detail How Police Can Spy on Phones by Sam Biddle: HARRIS CORP.’S STINGRAY surveillance device has been one of the most closely guarded secrets in law enforcement for more than 15 years. The company and … Continue reading →
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Ars Technica: Police union resists body cams, judge orders Boston cops to wear them
Ars Technica: Police union resists body cams, judge orders Boston cops to wear them by David Kravets: Union objected to the devices, saying they were unsafe and not in their contract.
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Place on Post Conviction Developments In Pennsylvania
Thomas M. Place (Pennsylvania State University, Dickinson Law) has posted Post Conviction Developments in Pennsylvania on SSRN. Here is the abstract: The Post Conviction Relief Act ("PCRA" or "the Act") provides a procedure for defendants to collaterally challenge their conviction...
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GET OUT THE PEN AND WRITE
The Third DCA released sixteen decisions in criminal cases on Wednesday. Fourteen were PCA Affirmed. Of the two decisions, one was in a pro se post conviction case affirming a denial without prejudice for the petitioner to properly file the motion, and the second was in a first degree murder case where one of the two burglary convictions were vacated, but the murder conviction affirmed.Query: Shouldn't criminal defendants be entitled to a short opinion? There seems to be a PCA epidemic lately.NB: PCAs (Per Curiam Affirmed, literally "Feh! Are you kidding me? Affirmed." ) are for all intents and purposes impossible to appeal further.Check out DOM's blog, where he reports on the 11th circuit and Judge Rosenbaum writing dissents about the moon and green cheese. At least they're getting opinions in federal court.See you in court.Site Feed
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Creating a Uniform and Effective Marijuana DUI Law Amidst Rising Legalization Efforts
Amidst efforts to decrease the number of alcohol-related traffic fatalities and injuries, a new topic is attracting increased attention. An emerging problem across the country is how to recognize and legislate driving under the influence of drugs, and marijuana is at the forefront of discussion because of the increasing number of states that are legalizing or […] The post Creating a Uniform and Effective Marijuana DUI Law Amidst Rising Legalization Efforts appeared first on Minneapolis DWI Lawyer Douglas T. Kans.
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Minnesota Releases DUI Statistics During Labor Day Crackdown
As we mentioned numerous times on the blog, Minnesota police were out in full force in the weeks leading up to and through the recent Labor Day weekend. Although they were on the roads for a little longer than in years past, there was still a shocking increase in the number of people who were arrested for DUI during the crackdown. According to the recently released statistics, law enforcement officials made 1,351 DWI arrests during the crackdown, or roughly 75 people a day. Last year’s statistics only tracked the peak 4-day holiday stretch, and during that time period 462 Minnesotans were arrested for DUI. However, the fact that nearly three times as many people were arrested during this year’s extended stretch shows that drunk driving is still a problem in Minnesota. “People can overestimate their driving skills and think they’re OK to drive after drinking,” said Donna Berger, Office of Traffic Safety director, in the department’s news…
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Skeem et al. on Juvenile Risk Assessments
Jennifer L. Skeem, Patrick Kennealy, Joseph Tatar, Isaias Hernandez and Felicia Keith (University of California, Berkeley, Government of the State of Texas - Travis County Community Justice Services (TCCJS), Wisconsin Department of Corrections, Parajo Valley Unified School District and Uniformed...
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Fatality Crash SH3 in Kendrick
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police Regional Communication Center - North 615 W Wilbur Ave Suite A Coeur d'Alene, Idaho 83815 Please direct questions to the appropriate District Offices District 1 (208) 209-8620 Fax (208) 209- 8618 District 2 (208) 799-5150 PRESS RELEASE FOR DISTRICT Two CASE # L160001229 --------------------- PRESS RELEASE ----------------------------- DATE: 09/15/2016 TIME: 07:22 LOCATION: SB SH3MP 14.5 ASSISTING AGENCIES: Latah County VEHICLE #1 ------------- DRIVER Vaughn,Detreik S AGE 27 ADDRESS St Maries, ID INJURIES? - Fatal HOSPITAL/LOCATION TAKEN ? N/A VEHICLE YEAR 2000 VEHICLE MAKE Peterbuilt VEHICLE MODEL Semi WRECKER Forest INCIDENT NARRATIVE: Vaughn was travelling in a loaded log truck southbound on SH3. …
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News Scan
Death Penalty Not an Option in CA Girls' 1973 Killings: Two men arrested and charged in the murders of two young girls in Yuba County, Calif., over 40 years ago can't face the death penalty because it wasn't an option at the time of the slayings. Don Thompson of the AP reports that 65-year-old cousins William Lloyd Harbour and Larry Don Patterson were arrested for the November 1973 sexual assault and killings of Valerie Janice Lane, 12, and Doris Karen Derryberry, 13, after a forensics lab matched DNA from the two suspects to semen found on Derryberry. Both girls died of shotgun wounds fired at close range. Prosecutors cannot pursue the death penalty against Harbour and Patterson because their cases must be tried under the law as it existed in the state in 1973, when the death penalty was not available. If convicted, the most time the cousins could face is a life sentence, and the law in 1973 provided the consideration of parole…
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