The U.S. Attorney’s Office for the Southern District of California announced on March 4 that seven individuals have been taken into custody for allegedly stealing Electronic Benefits Transfer data and then using the information to withdraw public-assistance benefits from ATMs. Some of the scheme’s victims are said to have discovered that their benefits had been taken when they tried to use EBT cards to purchase groceries. The suspects were taken into custody by a law enforcement task force led by U.S. Secret Service agents during a three-day crackdown. Skimmers According to federal prosecutors ..read more

A California man has been sentenced to 10 years in a federal prison for fraudulently seeking more than $10 million in tax refunds from the Internal Revenue Service and more than a dozen state tax authorities. In late 2023, a federal jury found the 66-year-old Victorville resident guilty of aggravated identity theft, conspiracy to commit wire fraud and conspiracy to defraud the United States government. The case was prosecuted by the U.S. Attorney’s Office for the Central District of California. Identity theft During the trial, federal prosecutors established that the man used Social Security n ..read more

Criminal defense attorneys in California and around the country challenge toxicology evidence or question the behavior of the police officers involved in drunk driving cases, but there are situations where they may choose to mount affirmative defenses. The defendants in these cases admit that they got behind the wheel after consuming alcohol or taking drugs, but they introduce evidence that they believe will negate their criminal liability. The affirmative defenses mounted in drunk driving cases fall into two broad categories. Defendants either argue that they did not know they were impaired ..read more

First-degree murder is the most serious form of homicide in California. The state defines this crime as the intentional killing of another person. Building a defense against such a charge isn’t easy. However, there are some defenses a defendant can use against a charge of first-degree murder. Punishment Murder is one of many violent crimes that can land a person in jail. Possible punishment can include life in prison with a chance of parole, life in prison with no chance of parole and the death penalty. Considering the serious consequences of committing murder, a defendant will desire to build ..read more

In California, police make traffic stops as part of their job. People who are nervous or fearful about the reason for the stop – especially if it is for a serious offense like driving under the influence – might feel apprehension about possible consequences. This could result in mistakes that can make the situation worse. Know what not to say to the officer after a traffic stop People who are subject to a traffic stop are prone to saying and doing things that could escalate the situation. For example, it is common to ask the officer why the stop was made. It is better to simply follow the offi ..read more

A married couple and their son-in-law are accused of collecting almost $200,000 by filing more than 40 fraudulent car insurance claims. The couple’s alleged activities were discovered when the California Department of Investigations launched an investigation after receiving a tip about suspicious claims from a car insurance company. The couple was taken into custody on Dec. 21, 2023. Their son-in-law surrendered to authorities on Jan. 29. The three defendants face a raft of felony charges and are scheduled to appear in court on April 10. Car rental business The couple own and operate a car ren ..read more

If the police see a vehicle operating erratically in California, they might pull the driver over. A sobriety check could follow, and the driver may face a subsequent arrest. Results from roadside field tests for drugs may support the validity of the arrest and serve as evidence in court. However, the tests could have serious problems, such as false positives leading to wrongful arrests. Roadside drug test troubles The Quattrone Center for the Fair Administration of Justice released a study with alarming results. The study suggests that roughly 30,000 people face arrests annually because of unr ..read more

In recent years, media outlets in California and around the country have reported on a worrying rise in organized retail theft. The basis for many of these stories is a report released in 2022 by the National Retail Federation. In that report, the trade association claimed that organized retail theft cost the industry $45 billion in 2021 alone. The organization now concedes that the $45 billion figure is inaccurate. Senate testimony The figure was taken from testimony given to a Senate committee in 2021 by the president of the National Coalition of Law Enforcement and Retail. When the COAL pre ..read more

Geofence warrants have become more common over the past decade in California and across the country. These warrants seek location data for every person located at or near a crime scene to allow law enforcement officers to track down people who might have witnessed or participated in the events under investigation. A recent decision by Google might effectively end geofence warrants without their constitutionality being addressed. Understanding geofence warrants Google has historically collected location data from individual smartphones through GPS. While turning a phone off will make location t ..read more

You might have to take a California walk-and-turn sobriety test if you’re stopped for drunk driving. The test is sometimes given by officers when they suspect a driver is under the influence of drugs or alcohol. The test is approved by the National Highway Traffic Safety Administration (NHTSA) and is given across the United States. The procedure The walk-and-turn test is a way to determine if a driver is intoxicated. The test involves walking in a straight line, turning around and walking back to the starting point. Failing to successfully complete the test could result in a DUI arrest. The of ..read more