Criminal Defense

October 28, 2015

Two Parents Arrested After Child Found in ‘Deplorable Conditions’

The parents of two children allegedly found in ‘deplorable conditions’ were arrested in San Jacinto, according to the Riverside County Sheriff’s Department. Deputies and Child Protective Services (CPS) arrived at the 1600 block of Santa Fe Avenue after receiving a report about child abuse. The report to CPS came from an employee of the children’s school district. Authorities said they found two children “deliberately confined” to a room under “deplorable conditions” without access to a restroom or basic necessities. Deputies believe the children lived in that condition for more than one year. It was determined that this confinement occurred only during night time.

The children’s parents, Emily Tardy, 29, and Steven Crane, 38, were arrested for alleged child abuse. The Riverside County District Attorney’s Office decided not to charge the couple with felony child abuse and instead charge them with misdemeanor child endangerment. Both are being held on $35,000 bail. They each pleaded not guilty to all counts and are scheduled to be back in court on Oct. 9.

California Penal Code 273(a) – Child Endangerment

October 23, 2015

Two Missing Boys Believed to be Abducted by Mother after Visit to California

by David M. Boertje

A search is underway for two missing boys who detectives believe were abducted by their mother at the end of August. Sage, 14 and Isaac Cook, 9, reportedly visited their mother Faye Ku in California. The boys live in Washington State with their father, who has had full custody since the couple divorced in 2009. Ku allegedly gave her ex-husband a “supervised visit” court order to force him to allow the boys to visit her. She left a written letter at her home blaming her ex-husband for trying to control her and her children. The boys were last seen at Los Angeles International Airport on August 28.

According to court documents, this is not the first time Ku has tried to take her boys. Back in June, she was arrested and charged with custodial interference for trying to board a flight with her boys to Taiwan.

What is Custodial Interference?

October 20, 2015

SANDAG Report: Crime Rate is Steady but Robberies Spike in La Jolla

by David M. Boertje

According to a San Diego Association of Governments (SANDAG) report, the San Diego region’s overall crime rate, violent-crime rate, and property-crime rate has remained relatively stable, and is even down 1 percent. While some categories of violent crime showed a few upticks, it is telling that the crime rate in the region has remained stable given the legislative changes enacted in the recent years that have allowed ex-offenders returning to local communities. A total of 5,335 violent crimes (those involving homicide, rape, robbery, and aggravated assault) were reported to local police in the region between January and June of 2015; an average of 29 per day. Domestic violence incidents are also up 4% from 2014.

While property crimes such as burglaries are reported to have dropped by approximately 13% throughout the San Diego region, the La Jolla area has seen an increase in crime. Reported robberies in La Jolla have doubled from five to 10, and rapes have increased from zero to eight incidents the first half of the year. Thefts over $400 and motor vehicle thefts have also increased from 49 to 54 incidents.

What is Robbery?

In California, Penal Code 211 defines the crime of robbery as taking personal property that belongs to someone else from the victim’s person or immediate presence, and against the victim’s will, through the use of force or fear.

Robbery is different from theft in that it must occur when the victim/property owner is present during the crime. The crime of robbery can also occur during a burglary of a home if the residents happen to be inside at the time. Robbery is always a felony under California law.

Robbery is considered a first degree felony if:

It is committed against any driver or passenger of a vehicle
It takes place in an inhabited structure
It takes place at an ATM after someone has just used it

It is punishable by up to six years imprisonment, a fine of $10,000, or felony formal probation.

Robbery in the second degree is committed whenever it does not meet the definition of first degree robbery. It is punishable by up to five years imprisonment, felony probation, and a $10,000 fine. Continue reading

October 16, 2015

Salinas Councilman Charged With Kidnapping, False Imprisonment, and Felony Domestic Violence

by David M. Boertje

Earlier this month, the news reported Salinas Councilman Jose Castaneda’s new slew of legal problems, and this time they go beyond whether or not he is legally holding two elected offices. Salinas police announced that Castaneda was arrested and charged with kidnapping, false imprisonment, and felony domestic violence. According to reports, Castaneda was waiting for his ex-girlfriend when she arrived at her home on Friday night. He allegedly forced the woman into a van, drove away to another location, and held her hostage for several hours. During that time, police believe he assaulted her, leaving her with the bruises that led to the felony charge of domestic violence. Castaneda allegedly eventually released the woman and allowed her to walk home.

Castaneda and his attorney, Anthony Prince, eventually contacted police and said he would turn himself in to police. They asked police if it could wait until after a press conference Castaneda had scheduled for Thursday morning. Police took him into custody at the press conference. If convicted of the felony charges, California law would disallow Castaneda from holding any state office, and he would also face the legal ramifications associated with those charges. His bail is currently set for $100,000.

California False Imprisonment Law

October 9, 2015

Three Deputies Face Criminal Charges for the Beating of Francis Pusok

by David M. Boertje

Back in April, we discussed the beating of Francis Pusok as he was trying to escape from police on horseback in the Southern California desert. Now, the three California deputies from San Bernardino County, Nicholas Downey, Michael Phelps, and Charles Foster will face criminal charges in the beating of Pusok. Each were charged with one count of assault by a public officer, and all three deputies are scheduled to appear in court for arraignment on Sept. 8. If convicted, each deputy faces between 16 months to three years in prison. They all remain on paid administrative leave pending the outcome.

Pusok’s attorney James Terrell believes eight of the 10 deputies should have been charged (not just the three involved in the incident). The other seven deputies who responded are not being criminally charged because of what was said on the voice recorders that the deputies carry on their belts. The helicopter footage that caught the incident indicated that Pusok appeared to have been kicked 17 times, punched 37 times, and struck with batons four times, a review of the video showed, and 13 blows appeared to be to the head. Mr. Pusok did file a lawsuit in response to the beating and settled it with San Bernardino County for $650,000. There has also been an internal probe of 10 deputies, along with an FBI civil rights probe.

Help for Police Misconduct

September 30, 2015

Placer Sheriff’s Office Receives Grant to Help Curb Underage Drinking

by David M. Boertje

In lieu of the start of the school year for many college and school-aged students, the Placer County Sheriff’s Office in Northern California has received a $50,000 grant from the California Department of Alcoholic Beverage Control (“ABC”) for programs to combat underage drinking and alcohol sales to minors. The Roseville Police Department will participate in the grant, assisting the Sheriff’s office in providing training regarding alcohol-related crimes and their effects for school staff members, parents, students, and the community. The Sheriff’s Office plans to target ABC licensed stores that sell alcoholic beverages to minors and obviously intoxicated adult patrons. Minor-decoy and shoulder-tap operations also will be conducted countywide in an effort to reduce minors’ access to alcohol.

Counties throughout the state are cracking down on alcohol sales to minors. Earlier this summer, an undercover operation across the state called Operation “Shoulder Tap” led to the arrest or citation of over 400 people in San Diego for purchasing alcohol for a minor.

Minors in Possession of Alcohol

September 25, 2015

Delays in California Death Penalty to be Decided by Higher Court

by David M. Boertje

As I mentioned last month, the recent Supreme Court ruling upholding the constitutionality of a drug called Midalozam for use in lethal injection has brought the debate about the death penalty in California back into the spotlight. Back in 2006, a district judge stopped all death-row executions in the state (citing the delays in the system as being unconstitutional), and now California has the largest death row backlog in the nation. Now the topic of California’s death penalty has come up again – this time not in the context of the type of drugs that may be used, but to the original debate of wait time that an inmate faces while on death row in the state.

Last year, U.S. District Judge Cormac Carney explicitly ruled that California’s death penalty system was unconstitutional in Jones v. Chappel, smiting the long wait that comes before execution. California Attorney General Kamila Harris appealed this decision and seeks to overturn it. As a result, on August 31, the 9th Circuit Court of Appeals will hear the oral arguments over the constitutionality of the death penalty in Jones v. Davis.

The Delayed Process

September 23, 2015

Five in Orange County Arrested in Fraud and Identity Theft Ring

by David M. Boertje

Earlier this month, five suspects from Santa Ana, Orange County were arrested for their suspected connection with a fraud and identity theft ring. Orange County Sheriff’s Deputies arrested Nhan Hoang Pham, 29, of Fountain Valley, Lam Thanh Bui, 30, of Garden Grove, Chieu Bach Nguyen, 29, of Santa Ana, and Keeta Thilauan, 25, for multiple alleged thefts and burglaries in the past several months. A fifth suspect, according to inmate records, is listed under two names.

The SWAT team and Sheriff’s investigators issued search warrants and did a parole and probation check on the suspects. The team raided the home of the five and found weapons, a half pound of methamphetamine, several thousand dollars, and gift cards. They also found fraudulently obtained credit cards, identity theft profiles, computers, cell phones, and data storage devices. Authorities believe the ring is operating throughout California in conjunction with a larger crime ring. They further believe there are hundreds of potential identity theft victims that they are trying to identify through financial information from the searches.

California Identity Theft Laws (CA Penal Code 530.5)

September 15, 2015

Fraud in California

by David M. Boertje

As shown by this month’s headlines, California seems to be plagued with fraud issues on the government level. Most of the fraud is allegedly being committed by government workers. The California Department of Insurance awarded $34.95 million in grants to district attorney offices across the state to help fight workers’ compensation insurance fraud. The grants were funded by employer fees and will be used to pay enforcement officials to investigate and prosecute fraud workers’ compensation system during fiscal year 2015-2016.

While the Department of Insurance was dealing with its own problems, it was discovered that California DMV workers traded cash for illegal licenses. At least 100 commercial truck drivers bribed DMV workers at $5,000/piece for trucking licenses. From 2011 to 2015, employees allegedly changed computer records to show that truck drivers passed their behind-the-wheel tests when they did not. Officials said up to 23 traffic accidents could be related to the fraud.

Fraud in California

Under the common law, fraud is generally defined as an intentional misrepresentation of existing fact made by one person to another with knowledge of its falsity and for the purpose of inducing the other person to act, and upon which the other person relies with resulting injury or damage.

Generally, you violate California’s criminal fraud statutes whenever you commit an act that results in an unfair or undeserved benefit for yourself, and/or cause harm or loss to another person. The California Penal Code addresses many types of fraud:

Car insurance fraud
Health insurance fraud
Unemployment insurance fraud
Welfare fraud
Worker’s compensation fraud
Check, credit card, and securities fraud (the 3 types of financial fraud)
Forgery and identity theft
Mail fraud
Check fraud (writing bad checks)
Foreclosure and real estate fraud

Penalties

The penalties for each individual type of fraud differ. For example, workers compensation fraud can be punished by two to five years imprisonment and a $150,000 fine. Fraud can be charged as either a misdemeanor or felony. Prosecutors typically decide this based on the amount of money involved and any prior convictions on one’s record. Continue reading

September 11, 2015

Former Oroville Mayor Pleads No Contest to Embezzlement

by David M. Boertje

Earlier this week, former mayor and CPA of Oroville California (north of Sacramento), Dennis Diver, pleaded no contest to two counts of embezzlement. Prosecutors from the Butte County District Attorney’s Office said the politician embezzled 400,000 dollars in the span of less than 2 years. Diver is accused of moving funds around between accounts. The victims were a regional district of several Northstate rotary clubs, three trusts and one estate, all of whom were clients of Diver. A forensic accountant was used by the DA’s office give forensic analysis of how fraudsters were moving money.

Diver will appear in Court on September 30 for sentencing. He faces up to four years in prison although he will likely be granted probation so he can repay back the embezzled funds. He has repaid $186,00 so far.

Embezzlement is a Kind of Theft