Fuller Law Firm
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In 2020, there were nearly 1.4 million reports of identity theft across the country. That is a 113 percent increase from the year before. If state and federal authorities were not already prioritizing investigating identity theft crimes, they most likely are now. California was actually ranked the most dangerous place for fraud and identity theft.
The Federal Trade Commission, which is tasked with leading the charge against identity theft, defines it as a type of fraud in which you use or attempt to use a person’s identifying information without permission. Like most states, California law regarding identity theft mirrors that definition. While there are many similarities between the two, state law has some specifics. So, what is identity theft in California?
Identity theft laws are concerned with the misuse of personal information, so the first important question to ask is: what is considered personal information? Well, it is a wide range of things. It could be a person’s social security number, maiden name, bank account or credit card information, passwords, or simply the person’s name.
Earlier this month, the San Jose Police Department announced they shut down a fencing operation involving the theft of high-end bicycles and construction equipment from the city’s downtown area. A “fencing operation” is a type of theft ring in which a central figure buys and sells stolen goods.
According to the SJPD’s press release, the suspect allegedly bought goods from a network of thieves for a fraction of the items’ actual value. Police executed a search warrant in May at the suspect’s house and found a cache of expensive bikes, crates of tools, stolen retail goods, and $20,000 in cash. They estimate the value of the stolen goods to be $100,000.
Given the transactional nature of the crime and the high dollar amount, what kind of crime is that exactly? At the end of it all, the suspect was arrested for receiving stolen property. In the state of California, that is considered a property crime, and it is called larceny.
Last month, the Santa Clara County District Attorney filed two separate cases in which a Bay-area woman allegedly embezzled more than $300,000 from her employer.
In one case, a San Jose woman allegedly used a company credit card to spend more than $300,000 on personal expenses over a two-year period. In the other case, a Dublin woman allegedly used a false name to gain employment at a construction company and then funneled some $480,000 to herself with company checks.
In both cases, the women allegedly used the money to pay for phone bills, rent, vacations, and more. It is a reminder that state, county, and local authorities are still investigating embezzlement and other fraud cases.
Embezzlement differs from traditional theft because, at the time of the theft, you have lawful control over the property or access to the money. However, it is also for that reason embezzlement cases can be complicated. While theft could be taking money from a register, embezzlement might involve using passwords or codes to gain access to an account. Oftentimes, embezzlement requires higher levels of trust and permission to finances.
A horrific shooting on the Costa Mesa highway has led to the announcement by the California Highway Patrol (CHP) that they may soon begin collecting road rage data that occurs on California roads. The shooting resulted in the killing of a six-year-old boy and, since the shooting, other drivers have reported multiple incidents involving the same couple who have been arrested for the boy’s murder. According to a CHP spokesperson, there are currently no vehicle code designations for road rage incidents for statistical purposes. Road rage incidents are not tracked because police say there is not a specific California law that makes road rage a crime.
The tragic incident occurred last month in the HOV lane of the 55 Freeway in Orange County at about 8 a.m. According to police, the boy’s mother was driving her son to kindergarten when another driver veered into her lane and then cut her vehicle off. As the driver sped away, she gave the mother a peace sign. A few miles later, as the mother exited the HOV lane, she drove by the driver and raised her middle finger at the driver and her male passenger.
According to studies and data collected by insurance companies, the majority of drivers – even safe ones – will be involved in three to four vehicle accidents over their driving lifetime. Even a minor accident can be traumatic but knowing what to do in the event of a crash will help ensure you are able to collect whatever damages you may be entitled to from the at-fault driver. The following steps are recommended by the Palo Alto car accident attorneys at Fuller Law Firm. For more detailed information regarding your particular situation, contact our firm directly.
California law requires all drivers who are involved in any type of accident to identify themselves to the others involved. Even if it appears no one has been injured or there is no property damage, you still need to stay at the scene. Not only could leaving the scene result in criminal charges, but it could also imply guilt of liability. Instead, pull your vehicle over in a safe area and out of traffic – if possible – and call 911 to report the crash.
When the COVID-19 pandemic hit the United States, the federal government took steps to financially assist the millions of Americans who faced financial difficulties the pandemic caused. Programs were set up that provided help to both businesses and employees through the Paycheck Protection Program, Economic Injury Disaster Loan program, and Unemployment Insurance programs. There were also relief funds established for health care providers. Unfortunately, while these programs have been critical to many people’s survival, they have also been the target of fraud.
According to the United States Department of Justice (DOJ), there have already been more than 500 people charged with attempted fraud, with the total amount of funds allegedly stolen exceeding $500 million. Attorney General Merrick Garland recently announced that the DOJ is ramping up its efforts nationwide to “detect and disrupt COVID-19 related fraud.”
The weather here in the San Jose area means that motorcycle enthusiasts get to enjoy riding for most of the year. For those riders that prefer the warmer weather, May’s arrival is the sign that it is time to get your bike out of storage and on the roads. Unfortunately, as enjoyable as riding a motorcycle is, it can also be one of the most dangerous, resulting in about 500 motorcycle accident deaths in California every year. Another 12,000 are injured. In order to remind everyone on the roads to watch out for motorcycles, the California Highway Patrol (CHP) has announced it is recognizing May as Motorcycle Safety Awareness Month.
May is designated as Motorcycle Safety Awareness Month across the country as a way to encourage motorists’ awareness, and to educate the public on safety. The goal of the campaign is to reduce the number of motorcycle crashes and save lives.
One of the most anxiety-inducing experiences a driver can have is seeing the blue lights flashing behind them, signaling them to pull over. Even a person who is innocent of any wrongdoing can become very nervous and worried that they are in trouble. Unfortunately, for some drivers, being pulled over by a police officer does lead to criminal charges. One of the most common types of cases we handle at our Santa Clara County criminal defense law firm is drug crime cases that resulted from a traffic stop.
It is important to keep in mind, however, that in order for a police officer to stop and question a driver, they must have probable cause to do so. In the United States, law enforcement is not allowed to just randomly pull vehicles over without a legitimate reason to do so. Something the driver did, or the vehicle needs to have repaired, alerted the officer that there is some kind of violation or crime being committed.
While any accident injury can have an impact on a victim’s quality of life, brain injuries are especially troubling. Even a minor brain injury can result in long-term effects. This is referred to as Post-Concussion Syndrome (PCS) in which the victim suffers symptoms for months following the injury. A recent study has found that women, in particular, may be more susceptible to PCS.
A concussion occurs when there is any kind of impact or sudden movement to the head that causes the brain to move or shake inside the skull, causing damage to brain tissue. The most common causes of concussions include car accidents, slip, and fall injuries, and sporting accidents.
Some concussions present symptoms right away, while others may take hours or even days before the victim realizes something is wrong. Victims often have difficulties with their thought process and memory. They may have issues with balance and sight. Language skills are sometimes impacted, and some victims also suffer from agitation, depression, and anger issues.
If you or a loved one is ever stopped for a traffic violation and suspected of drug possession or any other criminal offense, you will have several opportunities to make it either easier or harder for the police and prosecutors to arrest and convict you of such crimes. Here are some tips to protect yourself against common police tactics related to vehicle searches, which are purposely employed to intimidate, mislead, or lure you into self-incrimination.
If you are stopped on a traffic violation, that does not give the police an automatic right to search your car. Say you have been pulled over for speeding. After approaching your car window and scanning the interior of your car, the officer suspects you might have been consuming alcohol or marijuana while driving. But the officer sees nothing in plain sight that confirms his or her suspicion.
408-234-7563From our office in San Jose, California, we serve clients throughout the Bay Area, including but not limited to Campbell, Los Gatos, Cupertino, Santa Clara, Sunnyvale, Gilroy, Morgan Hill, Los Altos, Palo Alto, Saratoga, Milpitas, Mountain View, Fremont, Stanford, Union City, and Santa Clara County.
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