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Federal Crimes

federal crime

Generally speaking, the principles of criminal defense are the same at the Federal level as they are at the state level. However, procedures and rules are quite different. It’s important to have an experienced attorney who has been admitted to practice in your federal district. Of all criminal charges, the most intimidating can be federal charges. The federal government has virtually unlimited money and resources to pursue its charges. It often takes years to build a case.
If you learn that you are under investigation for a federal charge, it is very likely that you will be charged. By the time you are charged or indicted, the feds will have built a substantial case against you. Because of their vast resources, that evidence may include wire taps and video surveillance. Our experienced attorneys can help you defend your case, it is important that you consult with us as quickly as possible.

“In the United States, a federal crime or federal offense is an act that is made illegal by U.S. federal legislation. Prosecution happens at both the federal and the state levels; thus a “federal crime” is one that is prosecuted under federal criminal law, and not under a state’s criminal law, under which most of the crimes committed in the United States are prosecuted.

This includes many acts that, if they did not occur on U.S. federal property or on Indian reservations or were not specifically penalized, would otherwise not be crimes or fall under state or local law. Some crimes are listed in Title 18 of the United States Code (the federal criminal and penal code), but others fall under other titles; for instance, tax evasion and possession of weapons banned by the National Firearms Act are criminalized in Title 26 of the United States Code.

Numerous federal agencies have been granted powers to investigate federal offenses to include, but not limited to, theBureau of Alcohol, Tobacco, Firearms, and Explosives, Drug Enforcement Administration, Federal Bureau of Investigation,U.S. Immigration and Customs Enforcement, Internal Revenue Service, and the Secret Service.

Mail fraud which crosses state lines or involves the (national) United States Postal Service is a federal offense. An equivalent offense, under Canadian criminal law, is theft from mail[1] (section 356 of the country’s Criminal Code).

Other federal crimes include aircraft hijacking, kidnapping, bank robbery, child pornography, obscenity, tax evasion,counterfeiting, violation of the Espionage Act, wiretapping, art theft from a museum,[2] damaging or destroying public mailboxes, immigration offenses, and since 1965 in the aftermath of the President John F. Kennedy’s assassination, assassinating the President or Vice President.[3]

In drug-related federal offenses mandatory minimums can be enforced. Federal law is implicated when a defendant manufactures, sells, imports/exports, traffic, or cultivate illegal controlled substances across state boundaries or national borders.[citation needed] A mandatory minimum is a federally regulated minimum sentence for offenses of certain drugs.[4]

Prosecution guidelines are established by the United States Attorney in each federal judicial district and by laws that Congress has already established.” –wikipedia

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Immigration

A California criminal conviction can weigh heavily on those individuals who are not yet United States citizens. Certain kinds of criminal convictions can lead to deportation- regardless of how long that person has resided in the United States. There are also “inadmissible crimes” that will restrict an immigrant from re-entering the country after leaving, becoming a U.S. citizen, or deny the application for permanent residency. It is important for non-citizens to acquire an experienced attorney that is both involved in criminal defense and immigration; our teams of attorneys provide this distinct dual representation.

California laws

In California, Democratic legislators approved a number of new laws in 2014 that will benefit people living in the state illegally.

One of the most prominent laws to take effect Jan. 1 was adopted last year: AB60. Beginning Friday, unauthorized residents in California can apply for a driver’s license. Already, several local DMV offices are jammed up 90 days out for appointments as the first of an estimated 1.4 million eligible new drivers begin the process to get their new licenses.

To help these new drivers secure the auto insurance that will be required when they register their cars, legislators passed another law this year to allow unauthorized immigrants for the first time to buy insurance through the California Low Cost Auto Insurance program.

Other laws that will impact undocumented immigrants include:

• College students who entered the country illegally or stayed beyond their visa expiration will now have access to the same loan opportunities as other students. This comes under state legislation endorsed by California’s two public university systems. The California DREAM loan program is expected to make loans available to about 2,500 students.

• Nonprofits that offer aid to undocumented immigrant children will be able to tap into $3 million in legal aid to assist the minors as they go through the legal system;

• To reduce deportations of legal immigrants who are not yet citizens and who are convicted of misdemeanors, the maximum possible misdemeanor sentence in California was reduced by one day, from one year to 364 days.

What’s ahead

One significant law passed in 2014 that won’t take effect until 2016 will allow all Californians, regardless of immigration status, to apply for a professional license, including doctors, nurses, beauticians, pharmacists, accountants, real estate agents and landscapers.

The new law will require the state’s licensing boards to accept federal individual taxpayer identification numbers in lieu of Social Security identifications. (The legislation expands on a 2013 California law that allows the California Supreme Court to approve law licenses to qualified individuals, regardless of immigration status.)

Opponents said the professional licensing law violates federal law. Sen. Ricardo Lara, D-Bell Gardens, who sponsored the bill, counters that federal law prohibits unauthorized immigrants to be employees but that they can start businesses or work as independent contractors.

“This is about doing right by those individuals who have studied, sacrificed and mastered their professions, but are unable to practice because of their immigration status,” said Lara, calling the bill the first of its kind in the nation.

“Our state is stronger when we have qualified, highly skilled workers contributing their talents and tax dollars to advancing our economy,” Lara said in a recent statement.

Robin Hvidston, of the Claremont-based We the People Rising, has a different take.

It “will encourage more job seekers to enter the California job market to compete with U.S. citizens for scarce jobs. The theme has oftentimes been that we must have an illegal workforce as American citizens will not do those jobs. But now professional licensing will be made available to those unlawfully present – a very bad development for the U.S. worker,” said Hvidston, whose group lobbies against illegal immigration.

For both immigration rights advocates and opponents, their battle in 2015 continues on a state level. In D.C., a GOP-controlled Congress in the coming year is unlikely to produce the immigration reform packages debated in recent years.

For California, some of the focus will now turn to health care coverage for all, a proposed Office for New Americans and “ensuring that our state really invests in implementation” of Obama’s plans, said Villela, of CHIRLA.

Lara has two bills in the pipeline.

One would expand opportunities for health care coverage to everyone in the state, regardless of their immigration status. (The federal Affordable Care Act specifically excludes people living in the country illegally from insurance coverage through health care exchanges such as Covered California.)

And a second bill would create a California Office for New Americans to help the state’s 2.6 million undocumented immigrants integrate into the state and coordinate efforts to provide education, fraud prevention services, assistance, legal services, English instruction and civics classes to the largest undocumented population in the country. Several states, including Nevada and Washington, have similar offices, Villela said.

“Our state pushed the envelope this year,” Villela said. “And I hope it will continue to push the envelope next year.”

Contact the writer: 714-796-7829 and rkopetman@ocregister.com

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Personal Injury

personal-injury

If you have been injured due to another person’s negligence (or in the result of an accident), as a victim, you may be entitled to compensation for injuries and losses. Common types include (but are not limited to): medical malpractice, workplace accidents, motor vehicle and/or traffic accidents and so forth. If you believe you have endured a personal injury, one of our experienced personal injury attorneys can help you to be compensated for your injuries and losses.

Statute of Limitations

A statute of limitations is the deadline for filing a lawsuit. Most lawsuits MUST be filed within a certain amount of time. In general, once the statute of limitations on a case “runs out,” the legal claim is not valid any longer.

The period of time during which you can file a lawsuit varies depending on the type of legal claim. Here are the statutes of limitations for some common types of legal disputes:

  • Personal injury: Two years from the injury. If the injury was not discovered right away, then it is 1 year from the date the injury was discovered.
  • Breach of a written contract:  Four years from the date the contract was broken.
  • Breach of an oral contract: Two years from the date the contract was broken.
  • Property damage: Three years from the date the damage occurred.
  • Claims against government agencies: You must file a claim with the agency within 6 months (for some cases, 1 year) of the incident. If the claim is denied, you can then file your lawsuit in court but there are strict limits to when, so read the section on government claims and the chart on statute of limitations below.

Some crimes, such as murder, are considered so terrible that they often have no statute of limitations period. See a table for “statutes of limitations” in many types of cases.

Figuring out when the statute of limitations runs out on a claim is not easy. If you have any doubts about how to calculate the time you have, talk to a lawyer.  Click for help finding a lawyer. Your court’s self-help resources may also be able to help you find out more about the statute of limitations in your case. Click to find help from your court.

Government claims

When you sue a government agency, you first have to file a special claim (called an “administrative claim”) with the government office or agency before you file in court. You have to use the government’s form to file the claim.

  • For personal injury or personal property damage, you must file your administrative claim within 6 months of the date of the injury. (There are a few exceptions. Review California Government Code section 905 and section 911.2 or talk to a lawyer.)
  • For breach of contract and real property damage cases: You must file your administrative claim within 1 year of the date the contract was broken or the real property damage occurred.

After you file your claim, the government has 45 days to respond.  If the government agency denies your claim during the 45 days, you have 6 months to file a lawsuit in court from date the denial was mailed or personally delivered to you.  If you do not get a rejection letter, you have 2 years to file from the day the incident occurred.  But do not count on having 2 years to file your claim.

The statute of limitations for government claims can be complicated to figure out. Talk to a lawyer if you have any doubts about how much time you have. Click for help finding a lawyer. Your court’s self-help resources may also be able to help you find out more about the statute of limitations in your case. Click to find help from your court.

Tolling of the statute of limitations

Sometimes the statute of limitations is suspended (“tolled”) for a period of time, and then begins to run again. For example, tolling may happen when the defendant is a minor, is out of the state or in prison, or is insane. When the reason for the tolling ends (like if the minor turns 18, or the defendant returns to California or gets out of prison, or the defendant is no longer insane), the statute of limitations begins to run again.

Cases dealing with tolling may be very complicated and you need to talk to a lawyer.

MOST COMMON STATUTES OF LIMITATIONS

This table lists the most common time periods for starting lawsuits also known as filing a claim. The law on time periods for starting lawsuits is found in California Code of Civil Procedure sections 312-366.  Check these code sections to confirm how much time you have to file your lawsuit.

Check the Code of Civil Procedure sections if the problem is different from those listed here because the time period to sue may be anywhere from months to many years.

IMPORTANT: Make sure you read the law that applies to your specific case because there may be exceptions or other laws that apply to the facts in your case. Talk to a lawyer to make sure you understand the statute of limitations that applies to your specific case.

 

Type of Problem (or Case) Time Period During Which You May Sue (or Be Sued)
Injury to a person. The defendant hurts you with or without intending to hurt you. For example, personal injury accidents, wrongful death, assault, battery, intentional or negligent infliction of emotional distress, wrongful act, or negligent act, etc. California Code of Civil Procedure section 335.1. 2 years
from the date of injury
Damage to property. The defendant damages or destroys your property either with or without intending to damage it. For example, taking your personal property (conversion), crashing your vehicle, going onto your property without permission (trespass), fraud, nuisance, etc. California Code of Civil Procedure section 338. Also for breach of sale of goods, seeCaliforna Commercial Code section 2725. 3 years
from the date the property
was damaged
Libel or slander.  The defendant defames you in print, writing, or pictures (libel) or verbally (slander). California Code of Civil Procedure section 340(c). 1 year
from the date of injury
Oral contracts. Contracts that you and the defendant did not write down.California Code of Civil Procedure section 339.  (Most oral contracts will have some sort of writing, e.g., a receipt, a canceled check, etc. This writing may be proof that you had an oral contract.) 2 years
from the date the contract
was broken
Contracts in writing. California Code of Civil Procedure section 337. 4 years
from the date the contract
was broken
Known (apparent) problems (called “patent defects”) in real property improvement design, survey, construction, etc., and resulting injury to property or person. California Code of Civil Procedure section 337.1.These usually are lawsuits against architects, contractors, or builders. 4 years
from the date the construction was mostly finished
Unknown (not apparent) problems (called “latent” defects) in real property improvement design, survey, construction which cause damage to real estate or personal property. California Code of Civil Procedure, Section 337.15. These usually are lawsuits against architects, contractors or builders. 10 years
from the date construction
was mostly finished
Personal property left at a hotel, hospital, rest home, sanitarium, boarding house, lodging house, or apartment, etc. California Code of Civil Procedure zection 341a. 90 days after departing from premises
Against a health-care provider (medical malpractice). 1 year from the date plaintiff knows or should have known about the injury, or 3 years from the date of the injury whichever is the earlier date. California Code of Civil Procedure section 340.5.

Note: If you are going to sue a health-care provider you MUST give them 90 days’ notice before filing. California Code of Civil Procedure section 364.

 1 year (In some cases, 3 years. Read the law).
Against a bank. If a bank paid on a check that was signed without authorization or where the signature was forged. California Code of Civil Procedure, Section 340. 1 year from the date the bank paid out the funds.
Against government agencies or offices. These cases require that you file a special claim (called an “administrative claim”) with the government office or agency before you file in court. You have to use the government’s form to file the claim.

  • Personal property and personal injury/death cases: You must file your administrative claim within 6 months of the date of the injury.Government Code section 911.2
  • Breach of contract and real property damage cases: You must file your administrative claim within 1 year of the date the contract was broken or the real property damaged. See the reference to claims relating to “any other cause of action” under Government Code section 911.2.
  • After you file your claim, the government has 45 days to respond.Government Code section 912.4.
    • If the government agency
      • Denies your claim during the 45 days, you have 6 months to file in court from date the denial was mailed or personally delivered to you.Government Code sections 912.4, 912.6.
      • Does not respond to your claim during the 45 days, you have 2 years from the date the  incident occurred to file in court. Government Code section 945.6 (a)(2).
      • Consult with an attorney to make sure you file your claim and file your lawsuit before the deadline.
 6 months from the time of the injury to file an administrative claim

OR

1 year
from the breach of contract or real property damage
to file an administrative claim

When to file a court case depends on whether your administrative claim is denied or not responded to. If your claim is not responded to, talk to a lawyer to find out how much time you have to file your lawsuit.
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Disturbing the Peace

Disturbing the Peace

Disturbing the Peace (PC 415):

Several ways a person can violate California’s “disturbing the peace” law is by: Unlawfully fighting, or challenging another in a fight, in a public place, willfully and maliciously disturbing the peace by loud and unreasonable noise, and/or using offensive words in public so as to provoke violence.

Penalties (PC 415):

Depending on the circumstances of the case, the prosecutor may charge PC 415 as a misdemeanor or a less-serious infraction. In more serious cases, a person may serve up to 90 days in county jail and/or pay fines up to $400.

Legal Defenses (PC 415):

It is often difficult for prosecutors to prove that a person violated California’s “disturbing the peace” statute, making it easier for our criminal defense attorneys to help you avoid a conviction.

Under California Penal Code 415, it is illegal for a person to do any of the following:

  1. Unlawfully fight in a public place or challenge another person in a public place to fight;
  2. Maliciously and willfully disturb another person by loud and unreasonable noise; or
  3. Use offensive words in a public place which are inherently likely to provoke an immediate, violent reaction.

Actions that can result in a disturbing the peace charge include challenging another person to a physical fight in a bar, playing music at a high volume to disturb your neighbors and repeatedly using racial or ethnic slurs in a verbal confrontation.

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Identity Theft

Identity Theft (PC 530.5):

Identity theft is one of the fastest growing crimes in California. Identity theft is essentially the taking of another person’s identify for use in an unlawful or fraudulent manner. Several unlawful examples of identity theft include (but are not limited to): to secure a personal financial benefit by using another person’s bank information to obtain a monetary gain, to cause the victim whose identity has been stolen to suffer a financial or emotional loss, or to escape criminal liability by using another person’s identifying information.

Penalties (PC 530.5):

Identity theft in California is considered a “wobbler,” giving the prosecutor the decision as to whether charge you with a misdemeanor or a felony.

  • If convicted with a felony under this statute, you can expect to serve up to three years in county jail and/or pay fines up to $10,000.
  • If convicted with a misdemeanor under this statute, you can expect to serve up to one year in county jail and/or pay a maximum fine of $1,000.
  • If you are convicted by the federal government, you face increased fines and up to 30 years in federal prison.

Legal Defenses (PC 530.5):

In order to be prosecuted with identity theft, the prosecutor must prove that you had criminal intent, and that there was an unlawful purpose in carrying out the crime. You may be the victim of mistaken identity or be falsely accused. Or you may protest that you did not use the information in connection with an unlawful or fraudulent manner. Our team of experienced defense attorney’s will review the evidence against you to create the best possible defense on your behalf.

IDENTITY THEFT

Identity theft is someone taking personal information like your name, Social Security number, or financial account number and using it for an unlawful purpose. Everyday people, business owners, well-known celebrities, and children are prey to it. In California, all forms of identity theft are crimes (Penal Code section 530.5 et. seq.).

Identity thieves do many things in a victim’s name. They open new credit accounts, take out auto loans, enjoy medical services (and make insurance claims), and even commit crimes and generate criminal records.

Identity Theft Impacts

Identity theft does not discriminate. There were 13.1 million U.S. adult victims in 2013, or nearly one victim every two seconds. That figure represents 5.5% of U.S. adults, including over a 1.6 million Californians. The number of victims increased from 12.6 million in 2012.

Identity theft is also expensive. The total cost of identity theft in 2013 was $18 million, down from $21 million in 2012 . The decrease is the result of a sharp increase in the share of fraud involving existing credit/debit card accounts, which is less costly than other forms of identity theft.

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Forgery

forgery

Forgery (PC 470):

You can get arrested for forgery if you knowingly intended to commit any of the following: sign another person’s name on a document, fake someone’s handwriting, change or falsify a legal document (a will or deed), or fake a document pertaining to money, property, or finances. However, you are not guilty of the crime of forgery unless you intended to commit a fraud.

Penalties (PC 470):

In most cases, forgery is a “wobbler” in California. Depending on the circumstances of the case, and the amount of money it is worth, you may be charged with a misdemeanor or a felony. If worth $950 or less, you can be charged with a misdemeanor and be expected to serve a maximum county jail sentence of 1 year. If charged with a felony, the maximum jail sentence is 3 years.

 Legal Defenses (PC 470):

Common legal defenses include: you did not intend to defraud anyone that you were falsely accused, and/or the document that was forged did not deprive anyone else of their legal rights. If you did not intend to defraud someone, you did not commit the California crime of forgery. We will work with the facts of your case to determine the best possible defense to have this charge reduced or dismissed.

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Fraud

fraud

Fraud (PC 484):

A person who commits an act that results in unfair or undeserved benefit for yourself and/or causes loss or harm to another person, then you have violated California’s criminal fraud laws. Generally, there are two main motives for violating the statute: financial gain and/or to escape criminal culpability.

 Penalties (PC 484):

Many California fraud cases are wobbler offenses, giving the prosecutor the discretion whether to charge it as a misdemeanor or felony; the decision largely depends on the facts of the case and your criminal record. Some are treated as automatic felonies and a majority of offenses are federal crimes, subjecting you to both state and federal courts, which in turn subject you to increased penalties. In addition, California fraud convictions subject legal resident aliens to deportation or removal.

Legal Defenses (PC 484):

There are a variety of ways to defend fraudulent cases. The best case scenario is to prove to the court that you did not have fraudulent intent. If didn’t intend to commit a fraud, you cannot be guilty of committing fraud.

 

1. California Insurance Fraud Offenses

You commit California insurance fraud when you attempt to obtain insurance payments or benefits to which you are not otherwise entitled.  Examples of California insurance fraud include violations of

1.1. California’s automobile insurance fraud laws

You violate California’s automobile insurance fraud laws when you attempt to obtain money fraudulently from an auto insurance carrier by engaging in acts such as

  • “staging” an accident,
  • inflating the price of a claim, or
  • setting fire to your vehicle and reporting it stolen.

1.2. California’s health care insurance fraud laws

Doctors, pharmacists, medical equipment suppliers and hospital employees are just some of the players that may be involved in violating California’s health care insurance fraud laws. Examples of these types of violations include (but are not limited to):

  • charging for medical services that were not provided,
  • receiving “kickbacks” for prescribing certain drugs,
  • engaging in California doctor shopping or prescription fraud by securing multiple prescriptions for the same drug, and/or
  • double billing or over-billing for services rendered.

1.3. California’s Medi-Cal insurance fraud laws

Most acts that violate California’s Medi-Cal insurance fraud laws are simultaneously violations of California health care fraud.  For example, a doctor who bills Medi-Cal (California’s health insurance program for low income people) for services he/she did not perform, commits Medi-Cal fraud as well as the more generic crime of health care fraud.

1.4. California’s unemployment insurance fraud laws

California’s unemployment insurance fraud laws prohibit intentional attempts to increase, reduce or deny an unemployment insurance benefit.  Examples include (but are not limited to):

  • falsifying your work-search efforts,
  • collecting benefits in two or more states, and
  • intentionally providing false information about why an employee was terminated…or about his/her wages…to avoid contributing to the unemployment insurance program.

1.5. California’s welfare fraud laws

You violate California’s welfare fraud laws when you try to obtain or increase welfare benefits to which you are not legally entitled.  There are two types of California welfare fraud:

  1. recipient fraud (which includes trying to secure fraudulent benefits), and
  2. internal fraud (where an employee of a government agency that distributes welfare benefits attempts to collect or distribute unlawful benefits from that agency).

1.6. California’s workers’ compensation laws

You violate California’s workers’ compensation laws when you try to make a fraudulent claim against this state’s workers’ compensation insurance program.  Examples of this type of fraud include (but are not limited to):

  • faking an injury (or exaggerating the extent of the injury),
  • claiming that a non-work injury is work-related, and
  • failing to disclose a prior injury that would be relevant to your current claim.
2. California Real Estate & Mortgage
Fraud Offenses

California’s real estate and mortgage fraud laws punish any deliberate false representation that is made in connection with any portion of a real estate transaction.

The most common examples of real estate and mortgage fraud include (but are not limited to):

2.1. California foreclosure fraud

California foreclosure fraud is one of the most frequently prosecuted types of California real estate fraud.  In simple terms, foreclosure fraud takes place when a person…often a self-proclaimed foreclosure “consultant”…represents that he/she can postpone or prevent a pending foreclosure.  More generally, you commit this type of fraud anytime you engage in a fraudulent activity that has to do with a foreclosed home or a home that is involved in the foreclosure process.

2.2. California’s laws against forging deeds

Forgery is defined as knowingly altering, creating or using a written document with the intent to commit a fraud.  As a result, California’s laws against forging deeds prohibit

  1. attempting to file, register or record a forged deed, and/or
  2. filing a forged deed.

2.3. California predatory lending schemes

Predatory lending refers to unlawful practices by banks and other lending institutions that take advantage of unsuspecting borrowers.  Simply put, you violate California’s laws against predatory lending when you…as a lender…manage a loan transaction to extract the maximum value for yourself without regard for the borrower’s ability to repay the loan.

2.4. Illegal property flipping in California

Property flipping is generally a legal practice.  It typically involves a buyer who purchases a property below market value, upgrades it and then quickly sells it for a profit.

Illegal property flipping in California…a violation of California’s real estate and mortgage fraud laws…occurs when you create fraudulent appraisals and/or loan documents to justify an inflated asking price.

2.5. California’s rent skimming laws

You violate California’s rent skimming laws when you

  1. use rent proceeds from your residential rental property at any time during the first year after acquiring the property without first applying that amount to your mortgage, or
  2. rent a property that you don’t own or have the authority to rent and collect the rent for your own use.

Generally, rent skimming is a civil offense, subjecting you only to fines.  However, if you engage in rent skimming with five or more properties within in any two-year period, the acts will be prosecuted criminally as well.

2.6. California straw buyer schemes

California straw buyer schemes wreak havoc on those deemed the “straws”.  These individuals are recruited by real estate agents or brokers because of their good credit.  The professional convinces the straw to use his/her information to secure a loan for another buyer…or even a fictitious buyer…who allegedly can’t acquire the loan because of poor credit.

Once the loan is processed, the agents…and any other players such as a mortgage broker…collect the loan money and run.  The straw is then left responsible for the mortgage, which ultimately causes him/her to generally declare bankruptcy and face possible criminal charges.

2.7. California phantom help schemes

California phantom help schemes are specifically prohibited under California’s foreclosure fraud law.  There are three types of phantom help schemes:

  1. A so-called “foreclosure consultant” or “mortgage modification specialist” charges a homeowner who is facing foreclosure a fee to delay or prevent the foreclosure process when he/she in fact does little or no work towards this goal,
  2. A seller markets a home that is pending foreclosure to an unsuspecting buyer who is unaware of the foreclosure.   The “seller” collects a down payment and delivers a fake or unrecorded deed that does not convey any title to the property.
  3. A “consultant” convinces the homeowner to make his/her mortgage payments directly to the consultant who claims that he/she will serve as a liaison between the homeowner and the bank in an effort to slow or stop the foreclosure process.
3. Generic Types of California Financial Fraud

There are a number of generic California fraud offenses that involve undeserved financial gain.  Some of the more prevalent offenses include

3.1. California check fraud

You commit California check fraud by making, using or possessing…or attempting to make or use…a check when you

  1. intend to defraud the payee, and
  2. reveal that intent by representing the check to be genuine.

This is not the same as California’s bad checks law which prohibits passing or attempting to pass a check knowing that there are insufficient funds to cover the full amount of the check.  Trying to pass a check in violation of California’s bad checks law also constitutes California check fraud.

3.2. California credit card fraud

California credit card fraud, not surprisingly, involves any fraudulent transaction that is made or attempted with respect to a credit or debit card or with the account information that is linked to a credit or debit card.

Typical examples of this offense involve

  • using someone else’s credit card without their authorization,
  • selling counterfeit credit cards, and/or
  • using your own credit/debit card knowing that the card is expired or has been revoked.

3.3. California securities fraud

California securities fraud …also known as stock fraud or investment fraud…involves practices that encourage investors to make decisions based on false information.  This type of fraud can include stealing from investors, misstating a company’s value or even counterfeiting or altering a company’s financial statements.

  • Stock traders,
  • promoters,
  • accountants, and
  • traders

are the typical players that are involved in these types of schemes.

4. Forgery and Identity Theft

Forging any type of document is a fraudulent offense.  And because many forged documents have to do with one’s identification, these types of offenses not only violate California’s fraud laws but California’s forgery laws and California’s identity theft laws as well.

Some of the most common types of fraud offenses that fall under these categories are listed below.

4.1. California’s laws against forging, counterfeiting or possessing a fraudulent public seal

California’s laws against forging, counterfeiting or possessing a fraudulent public seal prohibit just that.  What’s interesting is that this crime is not limited to California seals. You can be convicted of this offense for engaging in any of the above activities with respect to any public seal, whether it is the seal of any government, government agency or corporation.

And if you violate this law by forging a public seal on a document that lends you someone else’s identity, you violate California’s identity theft law as well.

4.2. California’s laws against forging or counterfeiting a driver’s license or
ID card

Similarly, if you violate California’s laws against forging or counterfeiting a driver’s license or ID card…and you assign yourself a different name…you would also be guilty of identity theft.  However, it isn’t necessary that you commit identity theft in order to violate this law.

All that is required under this California fraud offense is that you alter a government issued driver’s license or ID card…again, any government will do, this law does not exclusively pertain to California-issued cards…or make a counterfeit one.

And it is important to note that possessing a fake or counterfeit driver’s license or ID card is also a violation of California’s fraud laws.

4.3. California’s False Personation Law

You violate California’s false personation law when you pose as another person in order to secure a benefit for yourself and/or to harm the other individual.  This is a clear violation of California’s identity theft law.

Common examples include

  • signing someone else’s name to a check and trying to cash it as if you’re that individual…which is also a violation of California’s check fraud law, or
  • using someone else’s name to obtain welfare benefits…which is also a violation of California’s welfare laws.

Oftentimes this type of offense takes place over the Internet – common examples include

  • using someone else’s credit card to make an on-line purchase, or
  • posing as someone in an on-line “chatroom” or by hacking into someone else’s social networking profile.

Both of these examples are also examples of California Internet fraud, discussed below.

4.4. California Internet fraud

California’s Internet fraud laws prohibit any fraudulent activity that takes place on a computer, such as in a chat-room, e-mail, or on-line store.

are all examples of California Internet fraud.

5. California Fraud Offenses Involving Elders

There are also a number of California fraud offenses that specifically deal with seniors.  These include

5.1. California senior fraud

You violate California’s elder abuse laws when you emotionally, physically or financially abuse an elder…that is, a person 65 years or older.  When this type of abuse is financial, it typically qualifies asCalifornia senior fraud.

Examples of the types of schemes that frequently qualify as financial elder abuse include (but are not limited to):

  • telemarketing schemes,
  • credit repair schemes,
  • home repair schemes,
  • funeral and cemetery senior fraud, and
  • real estate predatory lending elder abuse.

5.2. California nursing home fraud

Like elder abuse, nursing home abuse can be physical, emotional or financial.  Instances of financial abuse are considered acts of
California nursing home fraud. This type of fraud can include acts such as

  • being an employee of the facility and convincing one of the elderly residents to sign over his/her property to the employee,
  • overbilling for care, and/or
  • forging the elder’s name on a check.
6. Miscellaneous California Fraud Offenses

Finally, there are a few other miscellaneous commonly prosecuted California fraud offenses worth mentioning.

6.1. Mail fraud

Mail fraud is actually a federal offense. It includes any fraudulent activity that utilizes the postal system during the commission of the offense.  This means that if, for example, you

  • use the mail to advertise fraudulent services,
  • send a forged check through the mail, or
  • intentionally fail to deliver a product that was ordered through the mail,

you may be convicted of mail fraud.

6.2. California handicapped parking fraud

You commit California handicapped parking fraud when you illegally use, misuse or lend to another person a handicapped parking placard.  There are a variety of ways you can commit this offense, including (but not limited to):

  • using someone else’s placard to park when you are not disabled…and the true owner of the placard is not with you,
  • lending your placard to someone who isn’t entitled to use such a placard, or
  • displaying a fake, forged or expired handicapped placard.

6.3. California’s law against fraudulent vehicle registration stickers

If…in an effort to secure a financial gain and/or to avoid paying DMV taxes or fees…you intentionally interfere with

  • a license plate,
  • registration stickers, or
  • a registration card,

you are guilty of violating California’s law against fraudulent
registration stickers.  And…depending on how you interfere with these items…you could face additional charges for violating California’s law against forging, counterfeiting or possessing a fraudulent public seal.

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Arson

arson

Arson (PC 451/452):

California’s arson laws make it a crime to willfully or recklessly set fire to any building, forest land, or property. Acting in a reckless manner is often called “reckless burning” or “reckless arson.” It is also a crime to set fire to your own property on fire if your property is a form of real estate, if you do it for a fraudulent purpose or if it causes injury to another person or another person’s property, land, or home.

Penalties (PC 451/452):

The penalties for arson or reckless burning depend on certain key factors. For instance, it depends on the type of property that was burned, whether or not someone was injured due to the fire, and if it was done in a willful or reckless manner. The lesser crime, “reckless burning” is considered a misdemeanor under California law. However, it becomes a “wobbler” if you burn a building or forest land, or if the act causes great bodily injury to someone other than yourself. Being a “wobbler,” the prosecutor has the discretion as to whether charge you with a misdemeanor or felony.

Basic reckless burning is a misdemeanor charge and it usually carries up to six months in county jail and/or fines up to $1,000. Reckless burning that is treated as a felony case carries up to 2 to 3 years in state prison. For reckless burning that causes great bodily injury, you can be expected to serve 1 year in county jail under a misdemeanor charge and 2 to 4 years in state prison if treated as a felony.

It is a felony to willfully and maliciously set fire to a building, forest land, or property. If in the process of committing the crime of arson, you accidently kill someone, you may be subject to Penal Code 187 murder under California’s “felony-murder rule.”

Under the law of aggravated arson, you may face enhanced sentencing of 1 to 5 years in state prison if any of the following factors exist: if you have a prior conviction of arson on your criminal record, if a firefighter or other emergency personnel suffers great bodily injury because of the fire, if more than one individual suffers great bodily injury as a result, and/or if you cause multiple structures to burn. If you are convicted of malicious arson or attempted malicious arson, you must also register as a convicted California arson offender.

Legal Defenses (PC 451/452):

In order to be convicted of arson, the prosecutor must prove that you acted maliciously or recklessly. The best legal defense in fighting an arson charge is to prove that the fire was a result of an accident, and that it was unintended and it was a noncriminal accident. However, it is very difficult to prove it was an accident if you were under the influence. However, most arson cases are built on circumstantial evidence, making it easy for defense attorneys to prove that you were not the one responsible.

 

 

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Child Abuse/Endangerment

Child Abuse

Child Abuse/Endangerment (PC 273 (d)/PC 273 (a)):

Penal Code 273(d) is known as “Corporal Injury on a Child,” or more commonly known as “Child Abuse.” There is also PC 273 (a), known as Child Endangerment, which differs from Child Abuse (where there must be physical harm done to the child). To be convicted under PC 273 (d) Child Abuse, the prosecutor must prove that you willfully (on purpose) inflicted upon a child cruel or unusual (physical) punishment, with an injury resulting in a traumatic condition.

Child endangerment is considered a domestic violence offense and to be convicted under PC 273 (a) Child Endangerment, a prosecutor must show several factors: the defendant was criminally negligent, he/she did not act reasonably in disciplining a child, there were conditions present that could likely produce great bodily harm, and that the defendant intentionally inflicted cruel or unusual punishment while the child was in his/her custody. For example, if a woman who in care of her infant allows her boyfriend to stay in her home and during his stay finds unusual bruises and injuries on her child, this woman can be prosecuted under child endangerment for she willingly allowed the child to be in this situation by allowing her boyfriend to stay in the same home.

Penalties (PC 273 (d)/PC 273 (a)):

If convicted of 273 (d) Child Abuse, the prosecutor will decide whether to treat your case as either a misdemeanor or felony violation. If convicted of misdemeanor 273 (d), you may face up to a year in county jail, fines around $5,000, probation for 3 years, successful completion of a child abuser treatment program, and/or there will be a protective order to protect the child from future harm.

If convicted of 273 (d) Child Abuse, felony, you may face up to 6 years in California State Prison, up to $6,000 in fines, formal probation for a minimum of 3 years, all the terms and conditions of a misdemeanor conviction, and additional years in state prison if convicted of the same offense in a ten year period.

To be convicted of a misdemeanor under PC 273 (a) Child Endangerment, the defendant can be sentenced up to 6 months in county jail, court fines, and parenting classes. Treated as a “wobbler,” if the child endangerment involved great bodily harm or death, the prosecutor will likely charge you with a felony. If charged as a felony, the defendant can be sentenced up to 4 years in prison. If the child suffers a death due to your actions, the prosecutor may file serious manslaughter or murder charges.

Legal Defenses (PC 273 (d)/PC 273 (a)):

If you are charged with child abuse- whether it be physical, emotional, or sexual- our defense team can devise a sound strategy to help cast doubt on the prosecution’s case against you. Child abuse laws aim to protect children and defending yourself against a child abuse/child endangerment charge could be quite difficult, especially if there is testimony by the child involved. While parents are generally given leniency on how to raise their own, there are limits as to what parents can and cannot do. It is also quite common for ‘false accusations’ to be brought by one parent against the other, especially in child custody disputes between parents.

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False Imprisonment

false imprisonment

False Imprisonment (PC 236):

In order to be guilty of False Imprisonment in the state of California, the prosecutor must show that two factors were present, the defendant intentionally restrained another person or confined another person by violence and/or threats of violence, and, the defendant made the other person stay in a confined place or made the victim go somewhere, against his/her consent and/or without legal justification.

 Penalties (PC 236):

False Imprisonment can be charged as a felony or a misdemeanor under Penal Code 236. If charged with a misdemeanor, the defendant can expect to serve up to 1 year in county jail. If charged with a felony, the defendant can expect to serve up to 3 years in California State Prison. However, in addition to the jail terms, there are other severe consequences in being charged with false imprisonment. For example, there are fines, immigration consequences, employment loss, civil lawsuits, increased insurance rates, mandatory rehabilitation classes, restraining orders and more.

Two closely related crimes to False Imprisonment include: Penal Code 237 PC, False Imprisonment with violence- it is considered a felony or misdemeanor with a maximum sentence of 3 years. Penal Code 210.5 PC, False Imprisonment of a hostage- it is considered a felony, with a maximum of 8 years.

Legal Defenses (PC 236):

There are many defenses to the crime of false imprisonment depending on the circumstances of each case. It is very possible to reduce false imprisonment charges to a less severe charge or to reduce the amount of jail time associated with the charge.

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Juvenile Crimes

juvenile

Juvenile Crimes

Juvenile crimes are any crimes committed by a person under the age of 18 being handled in the Juvenile Court system. The Juvenile Court system seeks to rehabilitate young offenders rather than punish them so it offers a wide range of jail alternatives, including:

  • Treatment programs
  • School-based programs
  • Social service programs
  • Juvenile detention
  • Probation
  • Community service

If your young person is involved with the California juvenile justice system, you need a strong legal advocate on your side to see that your child and your family comes out of this with the best chance for a good future.

We have been representing juveniles facing all types of criminal charges, both in California Juvenile Court and in adult courts, for many years. You won’t find many attorneys with more experience than we have in criminal defense. We’ve represented young people charged with:

  • Theft crimes, including auto theft, joyriding, shoplifting, petty theft, and burglary
  • Trespassing
  • Underage drinking and drunk driving
  • Drug crimes, such as possession of marijuana, possession of meth, possession with intent to sell, and distribution and manufacture of drugs
  • Sex crimes, including date rape, sexual battery, and child molestation
  • Gang-related crimes
  • Weapons offenses
  • Juvenile violent crimes, such as assault and battery, assault with a deadly weapon, kidnapping, manslaughter or murder

Depending upon the severity of the crime, the young person’s history of criminal offenses and the strength of the case, many young people will find alternatives to jail time available to them.

What to do as a parent

If your child is involved in a juvenile delinquency case that means he or she is accused of breaking the law.

The court will consider how old your child is, how serious the crime is, and the child’s criminal record if any. The court can order that:

  • Your child live with you under court supervision.
  • Your child be put on probation. He or she may have to live with a relative, in a foster home or group home, or in an institution.
  • Your child be put on probation and sent to a probation camp or ranch.
  • Your child can be sent to the Department of Corrections and Rehabilitation, Division of Juvenile Justice (also called “DJJ”). If your child is tried in adult court, he or she will be sent to the Department of Corrections and Rehabilitation, Division of Adult Operations (also called “CDCR”).

If your child is sent to the California Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ), he or she will go to a “reception center” for the first 30 to 90 days. The center will find out what education and treatment your child needs. Then your child will go a correctional facility or youth camp.

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Probation & Parole Violations

probation

Probation & Parole Violations

If you violate the terms and conditions of your California misdemeanor or felony probation, you will have to attend a California probation violation hearing. Depending on the circumstances of your case, the judge may go several different routes: he/she may reinstate your probation with existing terms and conditions, he/she may change the terms to make them more stringent, or, revoke your probation and send you to jail.

All parolees are entitled to a California parole revocation hearing before a parole violation can be sustained. When a California state prison inmate is placed on parole, it means that he/she has agreed to abide by certain terms and conditions upon his/her release from prison. There are a variety of defenses that are applicable to parole revocation hearings that can convince the deputy commissioner that you should remain under your current parolee status.

Tips:

IT’S YOUR CHOICE – SUCCESSFUL PAROLE 1
A GOOD ATTITUDE IS A KEY TO SUCCESS 2
THINGS YOU NEED TO DO IN PRISON 3
THINGS YOU MUST DO WHEN YOU GET OUT OF PRISON 3
REGISTERING WITH THE POLICE OR SHERIFF 5
FINDING A PLACE TO LIVE, FOOD, AND OTHER SERVICES IN YOUR AREA 5
SOME THINGS YOU SHOULD KNOW 6
FINDING A JOB 7
THINGS TO KNOW ABOUT PAROLE 8
WHAT YOUR CONDITIONS OF PAROLE MEAN 9
AMERICANS WITH DISABILITIES ACT 12
GETTING AN EDUCATION 14
GETTING BETTER AT READING 14
TRAINING 15
RESTRAINING ORDERS 15
POLICE ASSISTANCE 15
THREE STRIKES, YOU’RE OUT NOTIFICATION 16
FINDING THE RIGHT ONE TO TALK TO 18
KNOW YOUR BENEFITS 20
DIVISION OF ADULT PAROLE OPERATIONS COMMUNITY PROGRAMS 26
OFFICE OF SUBSTANCE ABUSE PROGRAMS 28
WHAT THE INITIALS (ABBREVIATIONS OR ACRONYMS) STAND FOR 29
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Probation Modifications

probation modification

The judge has the sole discretion in modifying the terms of probation. A modification request can be initiated by the judge, the defendant, or by the prosecutor. Depending on the circumstances of each case, a modification may or may not be helpful to the probationer. In order to be considered for early termination of probation, the judge will want to ensure that you have successfully completed the terms of your probation and there are circumstances that justify early termination. Judges usually like to see at least 12 to 18 months completed before deciding to terminate the probation. Valid reasons for early termination include: your probation is keeping you from securing gainful employment, it is preventing you from advancing at work, or it is restricting necessary travel.

Legal Definitions

(a) The court shall have authority at any time during the term of probation to revoke, modify, or change its order of suspension of imposition or execution of sentence. The court may at any time when the ends of justice will be subserved thereby, and when the good conduct and reform of the person so held on probation shall warrant it, terminate the period of probation, and discharge the person so held. The court shall also have the authority at any time during the term of mandatory supervision pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170 to revoke, modify, or change the conditions of the court’s order suspending the execution of the concluding portion of the supervised person’s term.

(b) The exercise of the court’s authority in subdivision (a) to revoke, modify, or change probation or mandatory supervision, or to terminate probation, is subject to the following:

(1) Before any sentence or term or condition of probation or condition of mandatory supervision is modified, a hearing shall be held in open court before the judge. The prosecuting attorney shall be given a two-day written notice and an opportunity to be heard on the matter, except that, as to modifying or terminating a protective order in a case involving domestic violence, as defined in Section 6211 of the Family Code, the prosecuting attorney shall be given a five-day written notice and an opportunity to be heard.

(A) If the sentence or term or condition of probation or the term or any condition of mandatory supervision is modified pursuant to this section, the judge shall state the reasons for that modification on the record.

(B) As used in this section, modification of sentence shall include reducing a felony to a misdemeanor.

(2) No order shall be made without written notice first given by the court or the clerk thereof to the proper probation officer of the intention to revoke, modify, or change its order.

(3) In all probation cases, if the court has not seen fit to revoke the order of probation and impose sentence or pronounce judgment, the defendant shall at the end of the term of probation or any extension thereof, be by the court discharged subject to the provisions of these sections.

(4) The court may modify the time and manner of the term of probation for purposes of measuring the timely payment of restitution obligations or the good conduct and reform of the defendant while on probation. The court shall not modify the dollar amount of the restitution obligations due to the good conduct and reform of the defendant, absent compelling and extraordinary reasons, nor shall the court limit the ability of payees to enforce the obligations in the manner of judgments in civil actions.

(5) Nothing in this section shall be construed to prohibit the court from modifying the dollar amount of a restitution order pursuant to subdivision (f) of Section 1202.4 at any time during the term of the probation.

(6) The court may limit or terminate a protective order that is a condition of probation or mandatory supervision in a case involving domestic violence, as defined in Section 6211 of the Family Code. In determining whether to limit or terminate the protective order, the court shall consider if there has been any material change in circumstances since the crime for which the order was issued, and any issue that relates to whether there exists good cause for the change, including, but not limited to, consideration of all of the following:

(A) Whether the probationer or supervised person has accepted responsibility for the abusive behavior perpetrated against the victim.

(B) Whether the probationer or supervised person is currently attending and actively participating in counseling sessions.

(C) Whether the probationer or supervised person has completed parenting counseling, or attended alcoholics or narcotics counseling.

(D) Whether the probationer or supervised person has moved from the state, or is incarcerated.

(E) Whether the probationer or supervised person is still cohabiting, or intends to cohabit, with any subject of the order.

(F) Whether the defendant has performed well on probation or mandatory supervision, including consideration of any progress reports.

(G) Whether the victim desires the change, and if so, the victim’s reasons, whether the victim has consulted a victim advocate, and whether the victim has prepared a safety plan and has access to local resources.

(H) Whether the change will impact any children involved, including consideration of any child protective services information.

(I) Whether the ends of justice would be served by limiting or terminating the order.

(c) If a probationer is ordered to serve time in jail, and the probationer escapes while serving that time, the probation is revoked as a matter of law on the day of the escape.

(d) If probation is revoked pursuant to subdivision (c), upon taking the probationer into custody, the probationer shall be accorded a hearing or hearings consistent with the holding in the case of People v. Vickers (1972) 8 Cal.3d 451. The purpose of that hearing or hearings is not to revoke probation, as the revocation has occurred as a matter of law in accordance with subdivision (c), but rather to afford the defendant an opportunity to require the prosecution to establish that the alleged violation did in fact occur and to justify the revocation.

(e) This section does not apply to cases covered by Section 1203.2.

– See more at: http://codes.lp.findlaw.com/cacode/PEN/3/2/8/1/s1203.3#sthash.s0KCJQ3H.dpuf

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Expungements

expungement

Expungements

Once you have completed summary probation, you can apply to have your initial charges “dismissed in the interest of justice.” Having a conviction(s) expunged can be very beneficial for those involved, especially since an expunged conviction would not be reported on Criminal Records Background Checks in California. If you successfully complete the terms of your probation- you and your criminal defense attorney can clean up your Rap Sheet in the state of California.

In the United States, criminal records may be expunged, though laws vary by state. Many types of offenses may be expunged, ranging from parking fines to felonies. In general, once sealed or expunged, all records of an arrest and/or subsequent court case are removed from the public record, and the individual may legally deny or fail to acknowledge ever having been arrested for or charged with any crime which has been expunged.

However, when applying for a state professional license or job that is considered a public office or high security (such as security guard, law enforcement, or related to national security), you must confess that you have an expunged conviction or else be denied clearance by the DOJ. There is no post-conviction relief available in the federal system, other than a presidential pardon.[2]

Congressman Charles B. Rangel proposed the Second Chance Act in 2007, 2009, and 2011, which was intended to “[amend] the federal criminal code to allow an individual to file a petition for expungement of a record of conviction for a nonviolent criminal offense”.

Permissibility

Eligibility for an expungement of an arrest, investigation, detention, or conviction record will be based on the law of the jurisdiction in which the record was made. Ordinarily, only the subject of the record may ask that the record be expunged. Often, the subject must meet a number of conditions before the request will be considered. Some jurisdictions allow expungement for the deceased.

Requirements often include one or more of the following:

  • Fulfilling a waiting period between the incident and expungement;
  • Having no intervening incidents;
  • Having no more than a specified number of prior incidents;
  • That the conviction be of a nature not considered to be too serious;
  • That all terms of the sentence be completely fulfilled;
  • That no proceedings be pending;
  • That the incident was disposed without a conviction; and
  • That the petitioner complete probation without any incidents.

Types of convictions that are often not eligible for expungement include:[3]

  • Murder
  • Felonies and first degree misdemeanors in which the victim is under 18 years of age
  • Rape
  • Sexual battery
  • Corruption of a minor
  • Sexual imposition
  • Obscenity or pornography involving a minor
  • Serious weapons charges

In some jurisdictions, all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person’s detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system can be expunged. Each state sets its own guidelines for what records can be expunged, or for whether expungements are available at all. The petitioner requesting an expungement of all or part of their record will have to complete forms and instructions to submit to the appropriate authority. The petitioner may choose to hire an attorney to guide them through the process, or he/she can decide to represent themselves. This is called appearing pro se.

Most jurisdictions have laws which allow – or possibly even require – the expungement of juvenile records once the juvenile reaches a certain age. In some cases, the records are destroyed; sometimes they simply are “sealed.” The purpose of these laws is to allow a minor who was accused of criminal acts, or in the language of many juvenile courts, “delinquent acts,” to erase his record, typically at the age of 17 or 18. The idea is to allow the juvenile offender to enter adulthood with a “clean slate,” shielding him or her from the negative effects of having a criminal record.

Petition for Expungement

California‘s expungement law permits someone convicted of a crime to file a Petition for Dismissal[4] with the court to re-open the case, set aside the plea, and dismiss the case.[5] In order for one to qualify for expungement, the petitioner must have completed probation, paid all fines and restitution, and not currently be charged with a crime.[5] If the requirements are met for eligibility, a court may grant the petition if it finds that it would be in the interest of justice to do so.[5] A successful expungement will not erase the criminal record, but rather the finding of guilt will be changed to a dismissal.[5] The petitioner then can honestly and legally answer to a question about their criminal history, with some exceptions, that they have not been convicted of that crime.[5] What is actually stated on the record of the case is that the case was dismissed after conviction. If the petitioner is later convicted of the same crime again, then the expungement may be reversed.

Certificate of Rehabilitation

For persons who serve sentences in the state prison system (felons), they must apply to the Superior Court for a Certificate of Rehabilitation (CR).[6] The CR does not remove or expunge anything negative from the individual’s record; however, it places something positive on it. Among other requirements, the applicant must live in California and have done so for at least 5 consecutive years prior to applying, and been law-abiding for 7 years starting from the sooner of their release from prison or court supervision. After they meet all requirements and receive a CR, certain of their rights are restored.[7] and a request for apardon is automatically sent to the governor.[8]

Sealing juvenile records

Juvenile criminal court records remain unless the individual petitions to have them sealed. This may be done when they reach their 18th birthday.[9]

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Bankruptcy

bankruptcy

Filing for bankruptcy can be a stressful task, one of which you should not have to do alone. Our experienced team of attorneys will thoroughly guide you through the daunting process of going through a bankruptcy. Bankruptcy laws are complicated and changing regularly due to new legislation laws. Seeking the right representation is crucial for the outcome of your bankruptcy case and ultimately your financial future.

Types of bankruptcy

There are four common kinds of bankruptcy cases, named by the chapter of the federal Bankruptcy Code that describes them.

  1. Chapter 7 is the most common form of bankruptcy for individuals. It is a liquidation bankruptcy, which means that the court sells all your assets for cash and then pays your creditors. You can keep assets that are exempt from sale either under federal law or the law of your home state. Chapter 7 bankruptcy can wipe out most of your debts. There is a “means test” for filing this type of bankruptcy. You must make less than a certain amount of money. Talk to a lawyer to see if you qualify for this type of bankruptcy. You cannot repeat this type of bankruptcy filing for 6 years.
  2. Chapter 11 is a reorganization proceeding, usually for corporations or partnerships because of its complexity, but individuals can file too. The debtor usually keeps his or her assets and continues to operate the business and tries to work out a reorganization plan to pay off the creditors.
  3. Chapter 12 is a simplified reorganization for family farmers, where the debtor keeps his or her property and works out a repayment plan with the creditors.
  4. Chapter 13 is like Chapter 11 but for individuals. It is a repayment plan for individuals with regular income. Under this type of bankruptcy, you pay your debts off over a 3- to 5-year period and you keep your property. There are limits to how much debt and what type of debt you can owe to qualify for Chapter 13. Talk to a lawyer to see if you qualify for a Chapter 13.