Asset forfeiture in California criminal proceedings

An accusation of criminal conduct comes with a host of questions. What will happen to me? Is jail or prison time a possibility? How will this case affect my career? Each of these questions can be overwhelming by themselves, but there’s another possible penalty which can also be of concern: asset forfeiture.
What is asset forfeiture?
Asset forfeiture is the process by which a government entity seizes the property of an individual and takes ownership of that property. Both the federal government and California engage in asset forfeiture, taking ownership of property they believe has been involved in criminal activity.…
Three people arraigned for insurance fraud in Sacramento area

Some prosecutors say insurance companies are common targets for fraud because they handle large amounts of cash. A recent indictment of three people from the Sacramento area offers support for this theory.
The allegations of the indictment
The three defendants, a man aged 49 from Angels Camp, a woman aged 68 from Somerset, and a male aged 63 from Rocklin, are alleged to have conspired to fraudulently reduce their payrolls in order to reduce the cost of their workers’ compensation permits and thereby defraud the state’s compensation insurance fund of more than $127,000. The investigation was conducted by the state …
What is considered domestic violence in California?

Domestic violence situations and charges can be complicated. Domestic violence charges can impact the accused individual and their family life. For that reason, accused individuals should know how to respond to domestic violence accusations and charges.
How is domestic violence classified in California?
Domestic violence is considered abuse or threats when the people involved are in, or have been in, an intimate relationships such as married couples or domestic partners; individuals who are dating or used to date; individuals who live together or used to live together or individuals who have a child together.
Domestic abuse is defined as:
- Intentionally
Sex Offender Tier Relief

A new California law (SB384) has divided sex offenses into three tiers. Depending on the offense, a person convicted of a sex offense may be able to be relieved from their duty to register as a sex offender.
- Tier 1: A tier 1 offense requires 10 years of registration. Tier 1 offenses are the lowest level sex offenses. These are generally misdemeanor offenses.
- Tier 2: A Tier 2 offense requires 20 years of registration. Tier 2 offenses are the middle level offenses. These are generally non-strike felonies, and some misdemeanors.
- Tier 3: A tier 3 offense still
Your protections under the Fourth Amendment

Being arrested and charged with a crime is a frightening experience. The police have great power, and prosecutors have enormous resources at their hands. You can almost feel their weight pressed against you and feel you are powerless against them. Fortunately, California and federal laws provide you with protections. Some of the most important of them stem from the U.S. Constitution itself.
The Fourth Amendment to the Constitution provides some of the most important of these protections. Among other things, it protects the people from “unreasonable” searches and seizures. Over the centuries, the courts have often struggled to pin down …
How aggravated charges can lead to serious penalties

Once someone in California or elsewhere has gotten on the wrong side of the law, they can find it difficult to receive a fair hearing if they find themselves in court again. The court will often view a person who has a prior record of convictions as an example of recidivism, which can lead to harsher sentencing. This implicit bias can make it impossible for repeat offenders to get a fair trial, and as a result they may receive aggravated penalties.
For individuals in Sacramento and surrounding areas, avoiding this scenario will mean discovering defense strategies that will protect …
People can still face drug charges for marijuana in California

Since California has been one of the states at the forefront of marijuana legalization, there might be a misplaced belief that there are relatively few situations that can lead to an arrest for crimes related to it. However, that is a mistake that can lead to people unwittingly being confronted by criminal charges. The age of the person, the amount they have and where they have it could all be key factors in the charges and possible penalties. This might spark an arrest. Knowing the law is imperative.
There are still strict rules for cannabis based on age and amounts
…Federal law enforcement plans white collar crime crackdown

For people who live and work in Gold River and the surrounding areas of California, striving to achieve a certain lifestyle and have success is a notable objective. If they are in the finance industry, are business executives or work in some area of the corporate world, there will be legal requirements they must adhere to. Regulations are in place to prevent wrongdoing and give these individuals a guide as to what they can and cannot do. If there are allegations of legal violations, it is important to understand that the penalties can be financially and personally severe. A defense …
Should you start negotiating with prosecutors over your charges?

Most people who are charged with a criminal offense immediately start thinking of ways that they can try to beat the prosecution. Although it may be possible to beat your criminal charges and obtain dismissed charges or an acquittal, taking your case to trial may not be in your best interests. So, then, the question becomes when is it right to sit down and negotiate with prosecutors?
Analyzing your case properly
The answer to that question is dependent upon the facts of your case. Therefore, before you make a decision about sitting down with prosecutors or taking your case to …
What if I am accused of violating a protective order?

Domestic violence allegations are a very serious matter and can have a negative impact on people throughout Elk Grove, El Dorado Hills, Gold River and the neighboring areas. This is especially true for prominent people in the community whose reputation is important to them personally and professionally. For those who have been confronted with these challenges, there might have been a protective order put in place after the domestic violence arrest. If it is alleged that the order was violated, the law and potential penalties should be known as part of an aggressive defense.