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Pleasanton Criminal Defense Law Blog

A paring back of Obama-era college sex-crimes policies?

If currently expressed sentiments in the Trump presidential administration regarding college campus sex-crimes policies and procedures take the shape of new standards and legal imperatives, says one Obama-era official, the United States will be taken back to the days "when colleges swept sexual assault under the rug."

That is emphatically untrue, counters one advocate for individuals accused of campus-based sex crimes. He states that opinions expressed recently by U.S. Secretary of Education Betsy DeVos are "being secretly cheered by every university general counsel in the country."

House passes bill to curb IRS asset seizures

IRS agents, as well as federal and state criminal task forces across the country, have routinely defended the confiscation of assets from individuals and families under asset forfeiture laws. The oft-advanced argument touting program policies and results is that law enforcers are merely going after bad guys, that is, depriving law breakers of the spoils derived from ill-gotten gains.

That principally means things like caches of cash hauled in through cartel-organized drug trafficking. Authorities have also seized automobiles, personal items of myriad variety, and even homes, when such possessions are alleged to have been purchased through profits linked with unlawful activity.

Court: Warrant overbroad, so toss gun-related evidence

We submit in today's blog post that even some people who disagree with the recent ruling of a U.S. federal appellate court regarding warrants and the suppression of evidence can understand the court's reasoning and its rationale for ruling against the government.

In the case before the tribunal, it was uncontested that a criminal suspect was seen tossing a gun out of an apartment window as police were about to enter the abode pursuant to a search warrant. Authorities used that evidence to convict the man on a criminal weapons charge.

Sometimes a slippery slope: Was that tax fraud or just negligence?

As duly noted in an online overview of tax-focused subject matter, the Internal Revenue Service understands that the federal tax code and attendant rules "are difficult for most people to decipher."

Candidly, that admission is well warranted, states that primer, given the reported 17% of taxfilers across the country who annually "fail to comply with the tax code in some way."

A clear and progressive ramping up of white collar crime probes

Persons who take more than a passing interest in criminal law matters -- as we know our readers in Alameda County and across California do -- are certainly aware that law enforcers now deem white collar crime to be a focal point of highest concern.

We stressed that in a recent blog post, noting in our June 9 entry that "white collar probes have been on the front burner for state and federal agents and task forces over the past several years." We additionally stated therein that heightened regulatory and enforcement scrutiny, coupled with related probes aimed at convictions and harsh penalties in this singular area of law, "will likely continue unabated" in the future.

New upcoming rules re CA police stops: reasonable or burdensome?

Clearly, there is a problem linked with a fair number of police-citizen interactions during police-initiated traffic and pedestrian stops in California communities, and rules have been authored that seek to address that and to reduce encounters resulting in negative outcomes.

Those rules were recently issued by California Attorney General Xavier Becerra and are now the subject of widespread scrutiny and comment. In a report from National Public Radio published earlier this month, an ex-California judge offered her take on the revisions.

U.S. Attorney General: Yes, police misconduct is a material concern

It wasn't exactly as though U.S. Attorney General Jeff Sessions had to be corralled and cajoled unmercifully to utter a comment that a large American demographic has been impatiently waiting to hear for months.

It certainly might have seemed like that, though, to a broad swath of the public, which myriad and broad-based sources indicate has strongly opposed many of the AG's continued tough-on-crime pronouncements and related calls of seemingly unbridled support for police policies and actions across the country.

Entertainer's weapon offense, resulting charge instructive

For singer Scotty McCreery, a former winner of American Idol, the recent weapon-related snafu he was involved in had nothing to do with his concealing of a gun without a legal permit to carry.

Although that allegation is what frequently presents problems for individuals in California and nationally who face criminal weapons charges, it was not McCreery's dilemma. Rather, what created an instant problem for the entertainer at an airport recently was his attempt to bring a duly licensed handgun -- which McCreery has a permit for -- through a checkpoint.

Director of Bitcoin exchange BTC-E accused of facilitating crime

A Russian man who “directed and supervised” the operations of a popular bitcoin exchange known as BTC-E has been indicted on a range of charges. He was arrested recently in Greece.

The federal indictment, which was just unsealed in California, claims that BTC-E was the nexus for several criminal enterprises. The site allegedly facilitated ransomware, identity theft, drug trafficking, money laundering and public corruption, among others. The indictment also claims the director had co-conspirators.

Dennis Hastert quietly leaves federal prison

O.J. Simpson’s parole hearing garnered national headlines this week. Indeed, some may believe that he is still receiving unfair celebrity treatment for simply being granted a hearing. This sentiment arguably spilled over when the commissioners voted unanimously to grant parole.

In the midst of this news, former speaker of the House of Representatives Dennis Hastert was recently released from federal prison. Hastert was sentenced to a 15 month sentence for bank fraud stemming from his actions in making patterns of payments to avoid federal reporting requirements. Hastert was initially investigated for making more than $900,000 in small withdrawals across a number of his personal accounts to avoid federal scrutiny. 

Recent Case Results

  • Juvenile Charges

    A juvenile was arrested for 2nd Degree Robbery. After 6 months the case was dismissed.

    A juvenile was arrested for Sexual Battery. After 6 months and 80 hours of Community service, the case was dismissed.

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  • Drunk Driving Offenses

    A client with a 1st DUI arrest. Fearing she would go to jail; lose her license for a year and lose her job. Got a wet reckless and minimal fines.

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  • Drug Charges

    A client with 4 Felony charges on a Transportation Charge, a Attempt to Sell, Possession of Marijuana, (50 pounds), Conspiracy Charge all where reduced to 1 Misdemeanor. No Jail.

    Client was charged with 6 Felony drug possessions. Facing jail time. The results: Client got a deferred entry of judgment and then dismissed.

    Client charged with several felony counts of possession of Marijuana with intent to sell. Client was involved in a medical marijuana grow. Case was reduced and later dismissed.

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  • Sex Crimes

    A client with alleged 2 Felony Sex charges and he faced jail and sex registration. The case was entirely dismissed.

    Client charged with prostitution; facing jail time and sex offender registration. Result: NO JAIL TIME AND NO SEX OFFENDER REGISTRATION Deferred Entry of Judgment.

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  • Domestic Violence

    Client charged with domestic violence, with great bodily injury. Case reduced to a misdemeanor with time served.

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