Recently in Theft Offenses Category

April 16, 2012

What is a Cite-In Criminal Case in Los Angeles?

In many criminal cases, the person being charged has not been formally arrested and taken into custody. Oftentimes a Los Angeles police officer is not even the one that observes the law being violated; it is a private security guard or someone similar.
If there is an altercation, or an incident that involves unlawful behavior, many times a police officer is not on site. In those situations, a private security guard or officer is authorized to stop the person committing the alleged crime and question them. Based on the statements of the security guard, officers who then arrive on the scene may cite the person asking them to appear in court, and never have them formally arrested.

Let's consider an example. David is accused of shoplifting at Macy's by private security guards working at the department store. They alleged that David stole several items of clothing and detain him for questioning. The officers base their accusations on surveillance tapes and experience with behavior of someone who has taken items in the past. Los Angeles police officers arrive at the scene and listen to the statements made by Macy's private security. Based on these statements, they write up a report and cite David with a Notice to Appear. The Notice to Appear gives him the date and time to appear before a Criminal Judge in Los Angeles County. The police officers do not take David into custody, and they do not take him to the police station for formal booking procedures. This is referred to as a Cite In case, because there was no formal arrest.
However, that does not mean that David will not be fingerprinted, and booked like he would if he had been taken into custody at the time of the arrest. When David appears in Court for his arraignment, he will be fingerprinted and a picture will be taken for his record.

Another situation, in which a cite-in is common, is in assault cases that happen in a bar or a club. For example, Dan is out with his friends at a bar and gets into an altercation with Victor. Dan punches Victor and he is promptly detained by private security working at the bar. Dan is kept with the security guards until Los Angeles police officers arrive on the scene. Officers write down the statements made by the security guards and write up a police report. Additionally, they give Dan a Notice to Appear and send him home. Dan has been cited, but has not been formally arrested. He will be fingerprinted and entered into the system when he appears in court.

Whether you have been arrested the night of the incident, or will go through booking procedures when you appear before a Criminal Judge, the consequences of the charge will have the same serious consequences. An experienced Los Angeles Criminal Defense Lawyer has handled thousands of cases that involve cite-ins and will work hard to protect your rights and assure that your case sees the best possible results.

April 10, 2012

Do I have the Right to Change my San Diego California Defense Attorney?

Attorneys are held to a high standard of ethics by the California State Bar. There are many rules in effect that are designed to protect a person and their legal rights. There are also guidelines an attorney must follow so that they provide the most diligent, competent and effective legal help available.

Accordingly, the client has many rights when it comes to choosing and retaining an attorney. You have the right to not be hassled when choosing an attorney, and attorneys may not actively solicit your business in a courtroom, hospital, or even the scene of an arrest.

Similarly, if you have retained an attorney, you have the right to terminate the attorney client relationship whenever you feel it is necessary. An attorney, however, cannot terminate you as a client without good reason and permission from the Judge.

Let's consider an example. A client hires an attorney to help them with their San Diego DUI Case. The attorney misses a hearing due to disorganization and a warrant is put out for the client's arrest. Furthermore, the attorney, when he does appear put in a guilty plea on behalf of the client without the client's consent. Due to the incompetence, the client informs the Judge that they no longer wish that the attorney represents them and will seek new counsel. The client has every right to do so, and will be given permission by the Court to do so.

Let's now consider the attorney's perspective. The attorney represents a client for a Southern California theft case. The attorney represents the client through arraignment, and through pre-trial. While the case approaches trial, and is two days away, the attorney decides to go on vacation and feels that they can no longer take on the case. The attorney appears before the Judge and asks to withdraw from the case. The Judge asks the attorney his reason for wanting to do and decides that if the attorney withdraws, there will be prejudice to the client's case because it is so close to trial and the Judge denies the attorney's requests.

If you are being represented by an attorney that is not doing work on your case to your satisfaction, you should know that you have every right to switch attorneys. You pay good money for outstanding legal representation, you should have the peace of mind that your case is being handled to the best of your attorney's ability. Your rights are important, and your future will rely on the outcome of your criminal case, whether you are convicted of a felony, misdemeanor or the case is eventually dismissed. Keep in mind that there are standards that your San Diego Criminal Defense attorney must adhere to, standards designed to protect your rights.

December 19, 2011

The Specific Intent Defense to a San Diego Theft Offense

There is an extensive portion of the California Penal Code dedicated to theft offenses. There are many different types of theft cases, and leaves room for many different charges under the code. One of the elements required for a person to be convicted of a theft charge is that there must be specific intent. Specific intent means that the person charged with San Diego theft, must have the intent to deprive a person of their property permanently. If this intent is not there, then the person may have a strong defense to the theft violation.

For example, Dan is studying at the library. He notices that someone's laptop is unattended and sitting on a desk. He picks up the laptop, puts it in his bag and walks away. Later at home, he deletes the files and programs on the laptop and puts on his own. He puts in his own passwords and information. In this situation, the evidence indicates that Dan had every intent to take the laptop and not return it. By deleting all the programs and installing his own, there is strong support that Dan would not be returning the laptop to the owner. If Dan used the specific intent defense in court, it would likely be denied.

In comparison, David is studying at the library. He notices that someone has left their laptop unattended on the desk. David is doing some work and needs to look up something for him to be able to continue with his studying. He walks over to the laptop and looks up something using the internet browser. He does not move the laptop and after looking up what he wants, he leaves the laptop as it was and closes what he was looking at only. Additionally, he leaves a note on the desk telling the owner that he used the laptop just to look up something briefly and apologizes for the inconvenience and thanks them for allowing him to use their laptop.

In the second scenario, there is no proof that David intended to deprive the owner of the laptop. In fact, there is strong evidence to the contrary. The fact that the laptop was never moved, the note that was left acknowledging the proper owner and thanking them for the use and possibly testimony from the owner themselves that it did not seem like David had any intention of stealing the laptop.

The major problem with the Specific Intent Defense is that it may be difficult to prove. In the above hypothetical scenarios, there is an exaggeration of facts which make proving the defense easier. However, in many cases the line is not so clear. Testimony may be biased and lack credibility, and often circumstantial evidence is available.

An experienced San Diego Theft Lawyer has handled thousands of theft cases and knows which evidence to present and how so that the defense is powerful. The attorney can assess the facts of your case and determine what the best option will be, keeping in mind the most important goal of having the theft case reduced or dismissed.

October 5, 2011

What Happens if Lindsay Lohan is Found in Violation of her Los Angeles Probation?

In May 2011, actress Lindsay Lohan was charged and convicted of shoplifting. The Judge sentenced her to 480 hours of community service , to be completed by April 2012.

Lohan was scheduled to complete her hours by providing service to the Los Angeles Downtown Woman's shelter. However, the Downtown shelter has recently terminated their agreement with Lohan because she has failed to appear for several shifts and on days that she appeared, only completed a minimal amount of hours. According to Los Angeles District Attorney, Jane Robison, her hours will be transferred from the Woman's shelter to the Red Cross. In addition, Lohan also has 120 hours of janitorial work that she is signed up for at the Los Angeles County Coroner's Office.

To date, the young actress has only completed 21 of the 480 required hours. In addition to not completing required community service hours, Lohan has also not been attending court mandated counseling sessions. Lohan defends that she has missed community service hours and counseling sessions because she has been out of the country possibly filming a movie.

The type of violations committed by Lohan are referred to as Internal Probation Violations. They are violations due to a failure to comply with orders and terms of the probation rather than because of a new criminal charge.

The Judge will review progress on probation service at an upcoming court date. If the adolescent has not been upholding her obligations to the court and the community, there may be additional charges and serious consequences to her already growing list of violations.

The Judge will consider several factors when assessing the progress of the probation sentence. She will consider the seriousness and the nature of the violation. In this case, it is not as serious as some probation violations can be. A serious violation would be committing an additional crime of the same nature while on probation for the another case on the same charge. Another serious violation would be disappearing from town and failing to inform a probation officer while on formal probation.

Lindsay was sentenced to informal probation (where she does not have to check in with a probation officer on set schedule). Therefore, the nature of her violation is not as serious as some other probation violations.

However, that is not to say that the consequences she faces will not be significant. Based on the facts, and Lohan's failure to adhere to her obligations, the Judge will likely not take the situation lightly. In the last 7 months, she has only completed 21 hours of service, whereas she has 480 to complete. Within 7 months, she should have a significant amount of time completed if she is to follow the deadline of April sentenced by the court.

If she does not start to take her obligations more seriously, she may be facing some jail time in lieu of the community service. Jail time may be a part of the penalty for a shoplifting case. A knowledgeable Los Angeles Probation Violation attorney can persuade the Judge to allow the person to complete community service instead of jail time, as long as they can show that they will take their service seriously.

Lindsay Lohan's actions show otherwise and she may be asked to complete some of her community service time as jail time.

September 23, 2011

Potential Consequences of an Embezzlement Charge in Los Angeles

An embezzlement charge is a form of theft in California. Under California Penal Code §503 it is unlawful for a person to misappropriate property entrusted to them due to their position. It is taken more seriously by courts than that of theft because the person who is stealing is someone who has been entrusted with the property.

For example, let's say a bank teller has been collecting deposits from customers and putting half into her own account. She will be charged, and most likely convicted, of embezzlement.

Due to the fact that embezzlement is a form of theft, a person who is charged and convicted of embezzlement will be sentenced within a range provided by the theft statute under the California Penal Code. PC §§487 and 488 establish a range for potential penalties that may be imposed if a person is convicted of the charge.

The section a person is charged under will be determined by the value of the property that was embezzled. If it is over $950 it will be charged as grand theft under Penal Code §487. If the amount was less than $950, it will be charged under Penal Code §488.
If the amount is under $950, it will more likely than not be charged as a misdemeanor. However, a charge over $950 may be charged as either a misdemeanor or a felony. The final charge will depend on the specific circumstances of the case as well as the person's criminal history.

For example, let's say a person embezzles about $2,000 from her work, putting it into personal funds instead of company funds she will be charged with embezzlement. Since it is $2,000 ( over $950) she will be sentenced according to established ranges in Penal Code §487. She has embezzled funds from her previous two jobs and has been convicted before. Furthermore, she has another theft charge for which she was convicted for stealing clothing valued at $1000. Due to the increased amount of $2,000 that she has embezzled and her previous record that shows a disposition of theft, she will likely be charged with a felony.

Felony charges under Grand Theft will have a range up to 16 months to three years in state prison and a maximum fine of $10,000. A misdemeanor charge under the Grand Theft statute will have a range of up to one year in county jail and up to $1,000 in fines, or both.

If the property embezzled was less than $950, the person will be charged under the petty theft statute. The potential consequences for petty theft are much less than Grand Theft. The person can face anywhere up to six months in county jail, or a fine of up to $1,000.

The potential penalties for theft are imposed by legislation as a guideline for courts to use. A person may be charged at the low end of the spectrum without ever serving any jail time and a minimal fine. To present the best possible defense consult an experienced Los Angeles Theft Lawyer so that they can prepare a strong argument that will give your case the best possible chance of being reduced or possibly even dismissed.

September 21, 2011

What is Embezzlement in Southern California?

California Penal Code §503 makes it unlawful for a person to fraudulently appropriate property of another person's that has been entrusted to you. This charge is often also referred to as employee theft of fraud. To put it more simply, it is when a person uses their position of trust to steal from those who have entrusted them.

Embezzlement can be extended to money, or personal property, as long as it has been misappropriated by a person who is being trusted with it.

An example of an embezzlement case would be a typical bank teller scenario. A bank tells is entrusted by others to handle their money and protect it. If the bank teller is stealing money and directing it into their own account, they will be charged with embezzlement. Embezzlement is a more serious form of theft because it is being abused by someone who is trusted with the person's property.

In order for a person to be found guilty of embezzlement they must be in a position of trust. For example, let's say John and Dan are friends. Dan takes a $100 bill from John's wallet when he is not looking. This is not embezzlement, John had not given Dan the $100 to watch for him, nor was Dan in a position of trust to watch that $100 for him. In comparison, let's say that Danielle works as a babysitter. When she goes to babysit for the Smiths, she takes a couple hundred dollar bills out of the Smith's drawer. This case will meet the requirements for being charged with embezzlement because Danielle was in a position where the Smiths trusted her with their home and property.

Although it occurs in a variety of settings, embezzlement is most often found in the employment arena. If tried and found guilty of embezzlement, the charge will remain on a person's permanent record until it can be properly expunged. Any future employment that you seek will ask for about the embezzlement charge, adding to the consequences of an embezzlement charge in addition to the imposed sentence.

An embezzlement charge on your record will affect future employment, applications to financial institutions, as well as education applications. A San Diego Criminal Defense lawyer has handled thousands of embezzlement cases and can discuss with you the available defenses and options. It is important to prepare a strong defense for your embezzlement case to assure that you have a fighting chance of having it reduced or dismissed.

August 29, 2011

Civil Compromise in a Los Angeles Fraud Case

It is a common assumption that there are only a few types of criminal theft cases under the California Penal Code. However, that is not the case. The California Penal Code describes a plethora of actions that could be classified and charged as theft, including fraud cases. One such fraud case, is when a person obtains money through false pretenses.

For example, a recent client of ours misrepresented to people at her college campus that she had an illness and needed funds for medical treatment. In reality, she was healthy but needed to money to pay her tuition bills. She gathered about $3,000 from 20 people.
Her acts constitute a violation of the California Penal Code and would be filed as a felony due to her conduct as well as the increased amount of money she obtained through false pretenses. If someone is convicted of a felony theft case, they will be looking at increased fines as well as some potential jail time.

Fortunately, there are certain methods that an experienced Los Angeles theft attorney will use to have the potential penalties reduced or the case dismissed altogether. One such method is the use of a civil compromise.

A civil compromise is an agreement between the injured party and the person being charged for reimbursement outside of the order of the court. Considering the previous example, the client agreed to pay back to each person what they had paid her under false pretenses. We negotiated with each person to agree to a civil compromise after our client had paid them the money they had lost. Once each client was fully reimbursed, we met with campus officials to explain that each injured party had reimbursed, stressing that we would like that the matter be resolved without involving the criminal courts.

Through proper evidence and some powerful negotiation, the campus agreed to close the matter and not have a criminal case filed with the District Attorney. This saved our client from incurring high fines, potential jail time, and a mark on her permanent record.

When you have been charged with a theft case, whether it is confined to a lesser institution or if it is before the criminal court, it could result in some serious consequences. There are available defenses as well as some options that could be used to mitigate the damages, or to have your case dismissed. A knowledgeable Southern California criminal defense attorney has handled thousands of theft cases, and can discuss with you the proper steps to take in order to assure your case see results that are most favorable to you. Without consulting an expert, you may accept a charge or be convicted of something you could have a strong chance of fighting and having dismissed.

August 24, 2011

Los Angeles Fraud - Obtaining Money Through False Pretenses

Many people do not realize that fraud is classified as Los Angeles theft under the California criminal code. There are many different ways a person commits fraud, one being obtaining money through false pretenses. What many people don't realize is that their actions give rise to fraud, resulting in a theft charge.

For example, we had a recent case in which a girl was working in the financial aid office of her college. She had the responsibility of receiving tuition payments from students and directing them towards their account. However, she was allocating them into her own and paying her tuition. This is a form of theft, since she was not given the money for her own expenses, and she was falsely diverting the funds for purposes that they were not intended for.

Many more common incidents of fraud are scams in which people gather money for a charity that does not exist, or money is not donated to the charity. If someone went door to door asking people to donate to the Cancer Association, but used the money for their own expenses, the actions would amount to fraud.

Similarly, certain companies promise to provide help or a service but so not follow through. For example, let's say a company came to your home and offered to paint your address on the sidewalk for a small fee and you agreed. You pay them the money, and they never come back to paint the address. The company is guilty of fraud and will be charged under the theft statute.

It will also result in fraud if the person does complete the job they have been paid to do, but does it in a manner that is not what the payee was paying for. Lets hypothesize that there is a company that says they will come pave your driveway for you at a discounted price. You agree and the workers come and pave your driveway with black asphalt. It seems to be acceptable, you have paid for a job that the workers completed. However, within a few days the "asphalt" comes off and you are left with the same driveway you had prior to hiring the company and the workers are nowhere to be found. This is a form of fraud, and the workers can be charged.

Theft offenses are serious charges under the California Penal Code and if convicted will result in serious consequences including fines, jail time and probation. A Los Angeles Theft attorney can explain the extensive theft section of the criminal code to you and discuss available defenses and options. Many cases may be reduced or dismissed with the help of strong defenses and a powerful argument made on behalf of the person being charged. With so many different ways a person can be charged with theft, there is little room to risk a permanent mark on your record. Seek the help of a professional who can guide you through this stressful process.

May 13, 2011

What Does it Mean to Plead No Contest in a Los Angeles Theft Case like Lindsay Lohan?

This week Lindsay Lohan pleaded no contest to her Theft Case pending before the Criminal Judge in Los Angeles. The judge has already sentenced Lohan to 120 days in jail regarding her probation violation. She will likely serve about two weeks for the petty theft charge and probation officials may allow her to serve the time at home wearing an electronic surveillance bracelet.

A no contest plea, Nolo Contendere in Latin, essentially means "I do not wish to contend" the charges. It states that the defendant does not plead guilty to the charge, but doesn't wish to dispute it either. It carries with it the same consequences as a guilty plea, but the charge may not later be used against the defendant in any civil proceedings. With a no contest plea, the person charged is subject to any and all penalties that may come with a guilty plea, including fines, jail time, and probation.

The option of pleading No Contest is available to all defendants. Many times it comes as part of a plea bargain. An experienced Los Angeles Criminal Defense attorney can discuss the facts of your case and your concerns to help determine whether no contest is a plea you should consider.

Additionally, Lohan was not required to appear in court, her attorney was able to come to court and make the plea on her behalf. A Criminal Defense attorney can do the same for their clients, whether you are a celebrity or not. This relieves the pressure for many clients and allows them to be where they need to be, without the stress of court.

April 20, 2011

Is it Possible that my Los Angeles Grand Theft may be Reduced to a Misdemeanor like Lindsay Lohan?

Lindsay Lohan was charged with a Los Angeles Grand Theft charge in January 2011. Grand Theft in California is charged under California Penal Code §487 and is filed a felony. It will be a grand theft charge anytime the item, or property stolen is valued over $950.

The penalty as established by legislation for a grant theft conviction may or may not include jail time, a fine and/or community service. Generally probation is a part of the sentence. The range for a potential sentence will differ for each person that is charged, based on their criminal history and the specific facts surrounding their case.

The good thing is that in California a grand theft charge is a "wobbler". A "wobbler" is a charge that can be filed as a misdemeanor or a felony. Whether it is filed as a felony or misdemeanor will depend on the facts of the case and the background of the person being charged. The government will look to see if a person has any enhancements that will favor a felony charge over a misdemeanor. Enhancements are factors that may warrant prosecution to propose a higher penalty. These factors include multiple similar charges in the person's criminal history, or the value of the time stolen is extremely high (65,000 or higher). If a person is a habitual offender, or is on probation at the time of the charge, chances are the government will want to take it seriously and file it as a felony.

In a majority of cases, a plea bargain will be offered. When the government offers a plea bargain, they are asking the person to plead guilty in exchange for a reduced sentence. For example, if a person is being charged with a felony grand theft, the prosecutor will ask the person to plead guilty to a misdemeanor grand theft. The person who pleads guilty does not have the option to contest the charge, and in exchange the case is closed and they receive a reduced charge.

Lohan refused the plea bargain offered by the government in court. She instead chose to retain her right to contest the charge. She was ultimately charged with a misdemeanor grand theft charge (reduced from a felony) and given 120 days in jail. A misdemeanor charge doesn't necessarily warrant mandatory jail time. However, in this case Lohan had a probation violation and has been in trouble with the law before. As a result, the prosecutor's took into account all the facts of her case, as well as her background and felt that while a reduced sentence would be appropriate, her probation violation had to be addressed.

When the charge is a "wobbler" there is much room for strong argument and defense. A Los Angeles theft attorney has fought thousands of cases similar to Lohan's and has the knowledge and expertise to prepare a case that gives a person the best chances of having it dismissed or filed as a misdemeanor. If it is a first time offense, there is a good chance of avoiding jail time, and having the case filed as a misdemeanor. An experienced California attorney will fight hard to keep the criminal record clean!

February 10, 2011

Is It Possible to Avoid Jail Time in a Los Angeles Grand Theft Case Like Lindsay Lohan?

Actress Lindsay Lohan appeared before the Judge in Los Angeles on February 9, 2011 regarding her Grand Theft case. Lohan is being charged with allegedly stealing a $2,500 necklace from a local jeweler. The 24 year old claims the necklace was lent to her by the store.

Lohan is considering the possibility of a plea bargain in exchange for no jail time. In a plea bargain, you are asked to plead guilty in exchange for a reduced charge, or sentence. You do not have the option to plead not guilty, or no contest.

A plea bargain is often an option for everyone in a Los Angeles Grand Theft case. However, it may not always be the best choice. If you have a strong case against Prosecution, you might want to argue the case, rather than accept a plea of guilty. A Los Angeles Grand Theft attorney can guide you by explaining to you the strength of your case and possible defenses. Then you can make an informed decision.

If Lohan is convicted, she faces up to 3 years in prison. The final sentence will be determined on the basis of several factors: criminal history, the circumstances of the situation as well as past behavior. She has until her next hearing on February 23, 2011 to make a decision. Each individual case is different. What the potential consequence is for your case and whether a plea bargain should be taken will be based on the facts.

If a plea bargain is the best choice, make sure the terms are negotiated in a manner that is beneficial to both sides and not just Prosecution. After years of experience a Los Angeles Criminal Defense attorney will prepare a powerful argument on your behalf so that you get the most out of a plea bargain, one that protects your Constitutional rights.

February 4, 2011

What Potential Consequences may Lindsay Lohan Face for an Alleged Theft Charge?

Lindsay Lohan is being accused of stealing a $2,500 necklace from a store in Venice Beach. Investigators claim they have surveillance footage of the 24 year old actress wearing the necklace inside the store shortly before it was discovered missing. A search warrant was obtained to search Lohan's home, but the necklace was returned by an associate before authorities got a chance to present the warrant. Sources of the actress defend that she was lent the necklace and her assistant failed to return it on time.

Theft is defined as the unlawful stealing, taking, or carrying away of the personal property of another. When the item in question is valued over $950, it is considered Grand Theft and is regulated by California Penal Code §487. If charged, Lohan could potentially be facing a Grand Theft conviction.

Grand theft in the state of California is a wobbler. A wobbler is a charge that can be filed as either a misdemeanor or a felony depending on several factors. Prosecution will look at your criminal history and the specific facts and circumstances of the case.

If convicted a potential sentence will fall under a wide range of options provided under the law. Potential consequences may include no jail time to two years in prison and a fine . The facts of the case as well as any prior record will determine what the prosecutor is seeking for a penalty.

Enhancements can aggravate the alleged charge. Enhancements are added circumstances that serve to make the charge more serious. For example, if you have multiple similar offenses in the past, or on probation, it will result in a higher sentence. Similarly, if the value of the item stolen is incredibly high ($65,000 and above) it will greatly enhance the potential penalties.

The valuable part of having a wide sentencing range, is that there is much room for negotiation. An experienced Los Angeles Theft attorney has handled thousands of theft cases and knows exactly how to present a strong case. A well prepared defense and a powerful argument on your behalf can significantly reduce all potential penalities.

October 17, 2010

California Reduces Identity Theft by Developing New Driver's Licenses

When a person is caught using or forging a fraudulent ID a person can be charged under the California Penal Code 470a. This is a serious charge and can lead to potential jail time, fines, community service and probation. In an attempt to curb the growing numbers of violations, the California legislature has required a new driver's license be issued to all residents renewing their licenses or getting a brand new one.

The new licenses feature hidden pictures, raised lettering and a see through state bear symbol. Additionally, all people under 21 will have a license that is vertical as opposed to the current horizontal card. This will make it easier for bartenders, bouncers and waitresses to quickly determine those that are underage. This will also help reduce the number of underage drinking arrests made.

With the new licenses it will become progressively harder and more difficult to create fraudulent cards. Consequently, prosecution will have a much easier time proving their case. An experienced Los Angeles Criminal Defense attorney has handled Identity Theft cases for years and is extensively familiar with the law. Even with the new laws in place, the right attorney can make a powerful argument on your behalf so that you can have your case reduced or dismissed.

August 18, 2010

Factors that are Considered in a Los Angeles Identity Theft Case

There are many different categories of charges that are considered theft under the California Penal Code. Similarly, there are many different acts that will constitute Identity Theft. The Judge and Prosecution will consider two major aspects of the facts to determine the consequence of the charge. An experienced Los Angeles Criminal Defense Attorney, such as those at Hoffman and Associates, have seen thousands of Identity Theft cases and are familiar with the many different scenarios and defenses they entail. They are able to present a powerful argument focused on the two major components of an Identity Theft charge.

The first major aspect of the facts that will be considered is what it was that was stolen using the identity. Did the person use a stolen credit card to buy diapers for their baby in the amount of $20? Or did they take a $5,000 trip to Tahiti? When the value of the stolen item is over $400, it becomes a much more serious case and is generally tried as a felony. When the value is lower than $400, it falls at the lower end of the spectrum and is tried as a misdemeanor.

The second factor assessed by the court will be the manner in which the Identity was stolen. For example, were credit cards taken from a wallet, or did someone hack into personal secured information on a computer? The focus will be on the how sophisticated or amateur the act was.
One of our most recent cases dealt with a young adolescent who had stolen the credit cards from his roommate's wallet and used them to purchase ski equipment. Although this case involved a simple method to obtain financial information, and items that were lower in value, it still involves complex consequences.

Regardless of how the case is charged, and even if it falls at the lower end of the spectrum, it is important to note that any charge of theft on one's record will result in serious consequences not only in regards to a Judge's sentence, but other aspects of your life as well. To ensure that your rights are protected and you are given the best possible representation, hire an attorney who has a solid reputation with the criminal courts in Southern California. We prepare a powerful defense aimed at not only reducing your charges but in many cases dismissing them as well. Contact our office today for a no obligation consultation.

June 23, 2010

The Many Different Types of Los Angeles Theft Offenses

The purpose of this blog is to bring to attention of the reader, the many different forms of theft with which a person can be charged with in Los Angeles. It is common for people to oversimplify theft as just stealing. However, the California Penal Code breaks down a theft charge into subcategories, each with the potential to be a misdemeanor or felony with varying potential consequences.

Some of our clients are charged with theft when stealing personal property, or because they refuse to return property that has been entrusted to them. Other clients of Hoffman and Associates have been charged with theft when an identification card or credit card has been falsely used or without authorization. A person can also be charged with theft when they intentionally misrepresent their actual identity to someone with authority when asked to provide identification.

Our team of highly skilled lawyers also represents clients who have been charged with theft in the form of embezzlement. Embezzlement is when a person in a position of trust uses that trust to exploit resources. Additionally, theft may be committed when a person or company collects payment to complete a service or purchase equipment but fails to use it for the hired purpose.

The California Penal Code lists many more acts under which a offender may be charged with theft. An experienced Criminal Defense attorney, such as Ronald Hoffman, is not only knowledgeable with all the various types of theft, but has handled each of these types of cases in the criminal courts throughout Los Angeles.

Our firm's thirty years of experience is reflected in the strategic defense and zealous advocacy with which we fight your case. We pride ourselves in our goal to passionately argue your case to get you the best possible outcome, as we have done so for thousands of satisfied clients. Let us handle your case with the diligence and confidence you deserve from your criminal attorney.