Los Angeles Criminal Defense Blog

Is California a “Stand Your Ground” State?

By Los Angeles Criminal Defense Attorney on February 20, 2023

In the 1980s, a group of states including Georgia, Florida, Kansas, and Idaho passed laws that were commonly referred to as “make my day” laws. Named after a line from the Dirty Harry movies, these laws explicitly state that a person who is not engaging in unlawful activity has the right to “stand your ground” and defend themselves by using deadly force against a violent attacker.

On the other hand, states such as Hawaii, Maryland, Iowa, and Massachusetts have “duty to retreat” laws that require an individual to attempt to escape from imminent danger if possible before resorting to physical force to defend yourself.

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Posted in: Criminal Defense

What Constitutes “False Evidence”?

By Los Angeles Criminal Defense Attorney on February 10, 2023

Knowingly preparing false evidence or offering false evidence in a legal proceeding or investigation is a serious legal offense in California. In fact, it’s a felony that carries a maximum penalty of three years in prison.

The courts have a keen interest in protecting the integrity of the judicial process. That’s why judges and prosecutors aggressively pursue defendants when they suspect that evidence has been tampered with.

Defendants who are accused of submitting false evidence will want to find an experienced criminal defense attorney to protect your freedom.

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Posted in: White-Collar Crime

How Money Is Laundered

By Los Angeles Criminal Defense Attorney on January 20, 2023

When people earn money through illegal activities, they need to find ways to make it appear as though this money came from a legitimate source to avoid legal penalties. This process is known as money laundering.

California has strict legal penalties against money laundering, and this offense is vigorously prosecuted by the federal government, particularly in cases involving drug trafficking, organized crime, income tax evasion, and international terrorism.

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Posted in: Financial Crimes

Were You Charged with DUI on St Patrick’s Day in SoCal?

By Los Angeles Criminal Defense Attorney on January 10, 2023

You don’t have to be Irish to celebrate St. Patrick’s Day. In fact, it’s become one of the biggest drinking days of the year for a lot of adults who like to get out and socialize. There are several opportunities to tie one on, including parades, pub crawls, and block parties.

But there can be a downside to all that partying. During the St. Patrick’s Day period, the nation averages about 72 deaths caused by drunk driving crashes, according to the National Highways Traffic Safety Administration.

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Posted in: DUI Defense

What Is a Fraudulent Insurance Claim?

By Los Angeles Criminal Defense Attorney on December 20, 2022

Fraud allegations against you or your business can seriously harm your reputation. In addition to civil penalties, insurance fraud can also result in criminal prosecution. There are several types of activities that fall under the heading of insurance fraud. These offenses are vigorously investigated and prosecuted in California. If convicted, you face stiff fines and serious jail time.

State and federal prosecutors advance their careers by getting high conviction rates. They hate to lose, and they’ll come after you with everything they’ve got to win a case.

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Posted in: Financial Crimes

Legal Penalties and Defenses for Fraudulent Asset Transfer

By Los Angeles Criminal Defense Attorney on December 10, 2022

Concealing assets from creditors is the most common form of bankruptcy fraud. Hiding assets during bankruptcy proceedings is a criminal offense under federal and state law in California that carries strict penalties including jail time.

If you are being investigated or facing charges for bankruptcy fraud, contact the experienced criminal defense attorneys at Werksman Jackson & Quinn LLP right away. We have a proven track record of success defending clients in state and federal prosecutions.

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Posted in: Financial Crimes

Who Is Held Responsible for Invoice Fraud?

By Los Angeles Criminal Defense Attorney on November 20, 2022

Invoice fraud is a type of expense fraud that involves sending fake or inflated invoices to a business. Perpetrators may intentionally invoice for more than the correct amount, prompting companies to overpay, or they may invoice for goods or services the company never received. This crime may also involve double invoicing – sending duplicate invoices for the same products or services.

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Posted in: White-Collar Crime

Personal Use of Business Funds: How Is It Prosecuted?

By Los Angeles Criminal Defense Attorney on November 10, 2022

When business owners use business funds for personal expenses, it is bad practice that can lead to operational, legal, and tax problems. Using company funds as a personal piggy bank for one’s own benefit is not only a breach of fiduciary duty, but also unlawful. For one thing, according to the IRS, personal expenses are not eligible as business expense deductions.

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Posted in: White-Collar Crime

Can You Still Be Charged with Arson if You Start a Fire Accidentally?

By Los Angeles Criminal Defense Attorney on October 20, 2022

Under California law, the legal definition of arson reads as follows at California Penal Code Section 451: “A person is guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, forest land, or property.” This offense is charged as a felony.

To charge you with the crime of arson, the prosecution must prove that you acted both willfully and maliciously. “Willfully” means the act was committed willingly and on purpose. “Maliciously” means it was done with the intent to commit a wrongful act, or with unlawful intent to injure, defraud, or annoy another person. If you accidentally started a fire, you cannot be charged with arson, because you did not start it intentionally.

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Posted in: Criminal Defense

What Are “Cooked Books”? What Charges Could It Lead to?

By Los Angeles Criminal Defense Attorney on October 10, 2022

“Cooked books” is a slang term for accounting records in which facts or figures have been altered illegally or dishonestly. Some companies use various tactics to manipulate their financial records and improve their results. Sophisticated accounting techniques can be used to overstate a company’s profitability.

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Posted in: Financial Crimes