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Recent Posts in Criminal Defense Category

  • 3 Types of Diversion Programs in California

    || 21-Jan-2020

    A conviction for a first-time criminal offense—whether it’s a felony or a misdemeanor—can result in a jail or prison time, fines, and other penalties, including a criminal record that could follow you for the rest of your life. However, the courts understand that many first-time offenders suffer from addiction or mental health issues. In California, there are a few pretrial ...
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  • New California Criminal Laws in 2020

    || 6-Jan-2020

    When the new year—and new decade—begins on January 1, many new California laws will go into effect. Some of these laws deal with the criminal justice system. The following are several new California criminal justice laws in 2020: Juvenile hall age (SB 439) – Minor offenders who are 12 years of age can be sent to juvenile hall. A minor under 12 years old would be released to their ...
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  • What is Criminal Conspiracy?

    || 8-Nov-2019

    Whether you have been charged with a theft crime, a white-collar crime, or even a violent crime, you could also be charged with “criminal conspiracy.” In other words, you could be held criminally responsible for merely attempting to carry out a criminal offense. In order to be convicted of criminal conspiracy in California, the prosecution must prove the following three elements: The ...
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  • Gov. Newsom Signs 25 Bills Aimed at Criminal Justice Reform

    || 22-Oct-2019

    Governor Gavin Newsom signed 25 bills on October 8, 2019, which address criminal justice reform in California. These new laws end some mandatory sentencing enhancements, make the expungement process easier, and ban law enforcement officials from having body cameras equipped with facial recognition technology. The following are some of the notable measures signed the Gov. Newsom: AB 1076 – ...
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  • Common Crimes During the Holidays

    || 6-Oct-2019

    From festive gatherings with loved ones and travel plans to gift shopping and home decorating, the holidays are a joyous and busy time of year. On the other hand, the season is also associated with an increase in criminal activity. If you happen to make a mistake, not only does it put a damper on your holiday spirit, but it can also lead to criminal charges. The following are some of the common ...
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  • 5 Benefits of Expungement

    || 1-Oct-2019

    Whether you have been convicted of a misdemeanor or felony offense, a permanent criminal record can make it difficult to move on with your life. That is why it is important to spend time and money to seek record expungement to finally put the past behind you for good. Expungement is a legal process in which a criminal conviction, charge, or arrest is erased. Once a record is expunged, you can ...
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  • SB 1391 Raises Age Threshold for Minors to Be Tried as Adults

    || 1-Oct-2019

    Former-Gov. Jerry Brown signed SB 1391 into law in 2018, raising the age limit to 16 years old for juveniles to be tried as adults for certain crimes. The new law took effect on January 1, 2019. Difference Between Old Law & New Law According to the pervious law, a judge could decide whether a juvenile offender under 16 years of age should face legal proceedings in adult court. Now, no minor ...
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  • What to Do After a Drug Crime Arrest

    || 6-Jul-2018

    Being arrested for a drug crime can be a confusing and stressful experience, especially if it is the first time you have been accused of a criminal offense. It is important to understand that the moment you are under arrest, your future is in jeopardy. At Blumenthal Law Offices, our Riverside criminal defense attorneys have more than 100 years of combined legal experience to ensure that our ...
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  • The Difference Between "Guilty" & "No Contest" Pleas

    || 21-Jun-2018

    What's the Difference Between Guilty and No Contest? If you’re arrested and charged with a crime, the first step in your trial is asking how you plead. You have three options for this question: “ Not guilty,” which means you contest the criminal charges brought against you and you wish to be able to present your case as to why. “ Guilty,” which means you ...
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  • When Are Juveniles Tried as Adults?

    || 21-Feb-2018

    One of a parent’s worst-case scenarios is seeing his or her child accused of a crime. Not only does this create extensive stress for the family, but it also means your child’s future is at stake. A conviction of even a minor crime leaves a mark on someone’s record, meaning he or she will have a harder time finding a job or housing later in life. However, the juvenile court tends ...
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  • 3 Questions to Ask Your Defense Attorney

    || 24-Jan-2018

    If you’re facing a criminal charge, you want the best criminal defense attorney on your side. However, your own support can help your case, as well – and you can take steps as a client to improve your odds of avoiding a conviction. Here are 3 essential questions you should ask your lawyer before your trial. Question #1: Do You Have Everything You Need? Your lawyer should be a ...
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  • How Accurate are Field Sobriety Tests?

    || 5-Jan-2018

    If you are stopped by a law enforcement officer who suspects you may be intoxicated while driving, he or she will likely ask you to perform a seemingly simple task, such as standing on one foot or following the officer’s finger without moving your head. These tasks have a purpose: They’re designed to show signs of intoxication that can help establish probable cause and justify the ...
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  • Can Law Enforcement Search Me Without a Warrant?

    || 9-Oct-2017

    Based on legal dramas on TV, many people are aware that police need a warrant to search your home or property. Since the Fourth Amendment of the U.S. Constitution protects private citizens from unreasonable searches and seizures, these television programs are often accurate about that aspect of the law. Additionally, nothing seized during an illegal search can be used as evidence in court, ...
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  • Arrested for Solicitation? You May Be a Victim of Entrapment.

    || 17-Mar-2017

    When the police conduct an undercover sting operation to catch and arrest people soliciting prostitutes for sexual favors and acts, it always raises a red flag to criminal defense attorneys. Unless law enforcement officers and detectives are completely careful – and oftentimes they are not – the illegal act of entrapment might be the only reason why they can make an arrest for ...
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  • What to Do If You are Being Audited for a Suspected Tax Crime

    || 1-Mar-2017

    When a person is suspected of committing a tax crime of any sort, not only will he or she be staring down the strength of law enforcement agencies, but the Internal Revenue Service (IRS) will also put a hand into the investigation. IRS audits are notoriously thorough and intimidating, a process that no one wants to imagine. With so much force backing a potential prosecution, it can be easy to get ...
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  • Types of Fraud and Their Penalties in CA

    || 28-Nov-2016

    When people hear the word “theft,” they often think of a masked burglar sneaking into a home or a crook mugging someone in an alley at gunpoint. While these are indeed examples of theft, many crimes involving theft happen in more subtle and nonviolent ways, including through fraud. What Constitutes Fraud? “Fraud” is an umbrella term that describes a variety of criminal acts ...
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  • How Does the Passage of CA Prop 57 Affect Sexual Assault Convicts?

    || 18-Nov-2016

    California voters approved a range of ballot initiatives on Nov. 8, including Proposition 57. The measure, which passed by a margin of 63.7% to 36.3% statewide, allows parole consideration for “nonviolent” felons and sentence credits for rehabilitation, good behavior and education. Advanced by Gov. Jerry Brown as a means of addressing the state’s crowded prisons, the ...
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  • What Is a White Collar Crime?

    || 27-Sep-2016

    The category of “ white collar crimes ” encompasses a wide range of nonviolent crimes which are financially motivated in nature and typically involve the use of deceit or theft for personal financial gain. Usually committed by persons of power or high-status in the context of their occupation, these types of crimes can involve a wide range of unethical acts such as misappropriating ...
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  • Statutory Rape in CA: Definition & Penalties

    || 20-Sep-2016

    “ Statutory rape ” is a somewhat generic term used to describe the illegal act of an adult engaging in sexual intercourse with a minor under the age of 18. In the state of California, this crime is legally referred to as “unlawful sex with a minor” or “unlawful sexual intercourse.” Statutory rape is a crime regardless of whether or not the sex is consensual, as ...
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  • At some point in every relationship or marriage, couples will have arguments about a wide range of issues from financial matters to parenting decisions. While no relationship is absent from heated debates, couples may wonder what separates a fight from domestic abuse. In some cases, there are clear indications, such as when one partner resorts to violence. However, this distinction can often be ...
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  • What's the Difference Between a Misdemeanor and a Felony?

    || 29-Apr-2016

    Many people that have been charged with a crime do not fully understand the difference between the types of charges they face. While the terms “misdemeanor” and “felony” are often thrown around in legal texts, many people do not know exactly what makes them different from one another. Depending on whether you have been charged with a misdemeanor or felony, you could be ...
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  • Three Strikes You're Out... Or In Prison for Life

    || 22-Apr-2016

    In 1994, California enacted an enhanced-sentencing law for repeat violent felony offenders known as the “Three Strikes” law. As its namesake would suggest, this law implemented a “strike” system in which violent felony offenders would receive a mark on their criminal record and harsher sentences for subsequent violent felonies, culminating in a mandatory 25 years to life ...
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  • What Is the Difference Between Murder & Manslaughter?

    || 28-Mar-2016

    While the law has a reputation for being cut-and-dry, there are some legal distinctions that are incredibly fine or hard to define. When the law tries to make room for human nature and natural failings, there will usually arise a legal distinction that is a little...difficult to demonstrate. When it comes to high-level crimes, few things are as hard to delineate as the difference between ...
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  • A History of the Death Penalty in California

    || 7-Mar-2016

    Capital punishment, or the death penalty, is a legal sentencing option in the state of California. Since the state’s first recorded death sentence in 1778, 722 executions have taken place. More than 700 inmates currently serving time on death row, though executions are currently on hold due to pending litigation. Methods of Execution in California Capital punishment has been carried out via ...
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  • I've Been Arrested! What Should I Do?

    || 10-Feb-2016

    Being arrested can be a terrifying experience, especially for those who have never had a brush with the law before. If you are ever arrested and charged with a crime, it is highly likely that several different thoughts and emotions will run through your mind. While it can be easy to slip into a state of shock amidst your tumultuous circumstances, it is important that you make an effort to remain ...
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