CPC 518.  Extortion is the obtaining of property from another, with his consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=518-527

In non-legal terms, this means you break the law if you scare a person into handing over money, property or services in exchange for not being harmed. Blackmail is also covered in this code. If you leak some information about someone that is not known to the general public and that information could damage or harm that person, you are also in violation of the California Penal Code (PCP 518-527).

In  Extortion, the “force or fear” provoked by the offender is the cause of the “consent” of the victim. If there is a different primary cause of the victim’s consent, it is not extortion.

How can the offender invoke fear in his victim?  To summarize CPC 519, “Fear” may be induced if you:

• Injure a person or the victim’s property
• Accuse the victim or a victim’s relative of a crime
• Expose embarrassing or damaging information about the victim or victim’s relative
• Reveal or expose a secret about the victim or his family

California Extortion Penalties

In California, extortion is charged as a felony. Punishments include

• up to four years in state prison
• fines of up to $10,000

Attempted extortion is punishable as a misdemeanor / felony (wobbler)

• county jail sentence of up to one year or
• up to 2 years in state prison

Extortion may also be charged as a federal crime when the extortion is committed by computer (email), by mail, phone or using any other instrument of interstate commerce.

Have you been charged with Extortion in California? Have your rights in California been violated? Have you been falsely accused? Call our office today at 619-330-5881 or simply fill out the secure mailing form. The best way to protect your rights is to hire an experienced California attorney. Attorney Elliott N. Kanter has been a Criminal Defense Attorney in California for over 30 years. He is here to help you.

CPC451:  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.

CPC452:  A person is guilty of unlawfully causing a fire when he recklessly sets fire to or burns or causes to be burned, any structure, forest land or property.

California Arson laws usually do not apply to setting your own property on fire unless you do it for fraudulent reasons; with the most common being to collect a fire insurance policy payment. Or if the fire on your property causes injury to another person or to another person’s home, property, or land, you will also be in violation of the California Arson Code.

Arson is defined in CPC451 as the malicious burning of another’s dwelling. It is thus a specific intent crime in that accidentally setting a fire is not arson–the crime requires the additional mental culpability of malice. Under California arson law, arson must be willful or malicious.

In California, the violation of the arson law includes setting fire to and burning or causing to be burned. It also includes the aiding, counseling or soliciting burning. Like most other states, California arson law does not limit the crime to the burning of a house. Willful or malicious burning of any structure, forest land or property constitutes arson as stated in CPC 452.

What are the penalties for a California Arson Charge?

There are various serious penalties you may face if you are facing an arson charge. Penalties for arson in California are the following: If the arson:

• Causes an inhabited property to burn, you will face 3-8 years in prison
• Causes great bodily injury to someone, you will face 5-9 years
• Is committed on a structure or forest land you will face 2-6 years
• Is committed on uninhabited property you will face 16 months-3 years

Additional penalties may be enforced, as follows:

• Previous arson violation: additional 3, 4 or 5 years
• Great bodily injury to a peace officer or firefighter: additional 3, 4 or 5 years
• Multiple structures were burned: additional 3, 4 or 5 years

San Diego Criminal Defense Attorney Elliott N. Kanter can offer you a free consultation if you are facing any type of arson charge. Attorney Kanter will work diligently to defend your rights and freedom at every step of the criminal process. Call our office today at 619-330-5881 our simply fill out our secure mailing form for more information.

This information is provided for educational purposes only and does not create an attorney-client relationship.

California Vehicle Code (CVC) Section 20001 http://www.dmv.ca.gov/pubs/vctop/d10/vc20001.htm mandates the duty of the driver involved in an accident, where another person is injured or killed, to stop at the scene of the accident:

CVC 20001.  (a) The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004.

Hit and run felony charges have severe consequences. Following an accident, the driver must stop immediately and give the other parties involved his/her name and vehicle registration. The police should be contacted immediately, even if you were not at fault.

If the accident results in bodily injury or death, then leaving the scene is a California hit and run felony. It is also considered a felony if you don’t help the injured. You can be fined anywhere from $1000 to $10000 and go to jail. Points will be added to your driving record and your California driver’s license will be suspended. You may also lose your insurance coverage. The amounts of fine and jail time generally depend on the severity of the injury, your cooperation with the police and your criminal history.

You will be charged with vehicular manslaughter or homicide if you leave the scene of accident and the victim dies.

What are the defenses for a felony hit and run?

If you have been charged with a felony hit and run, but you believe you have been falsely accused, there are several defenses that could reduce or dismiss your charge.  These include:

Mistaken Identity

It was your car but you were not driving.  Perhaps your car was stolen, or you were lending it to a friend or relative.  If the car was stolen, it would have had to been reported as stolen to make this defense valid.

Lack of Knowledge

If you didn’t know that you were involved in an accident, you can’t be convicted of  felony hit and run.  Similarly, if you didn’t know there were any injuries (or didn’t have reason to suspect that there were any injuries), you can’t be convicted of felony hit and run.

Fleeing the scene or failing to leave your information wasn’t willful

Perhaps it was not safe to remain at the scene of the accident because of threats to your life. You may have been forced to flee.

You were the only person injured in the accident

The CVC 20001only applies when another party is injured by your negligence.

If you have been charged with a felony hit and run, call our office today at 619-330-5881.    Mr. Elliott N. Kanter has over 30 years’ experience as a Criminal Defense Attorney.  He will advise you of your legal rights and represent you in court.  We are here to help you.  Call today or fill out the secure mailing form for more information.

This information is provided for educational purposes only and does not create an attorney-client relationship.

California V C Section 20002 details the steps to be taken after an automobile accident involving any kind of property damage. The damage could be to another vehicle, or to any other personal property, such as a free standing mail-box, a fence around someone’s home, landscaping around someone’s home, bikes parked in a driveway, or someone’s dog or cat.

If both parties are present the following information should be given to the owner of the property:

• Your  Legal Name
• License Number
• Vehicle Identification Number
• Insurance Carrier’s Name and Address
• Insurance Policy Number

If you cannot locate the owner of the damaged property, you should not leave the scene until you have left the contact information with a note explaining what happened. Then you need to report the accident to the California Highway Patrol (CHP) or local police. It does not matter if the accident was not your fault, these steps still must be taken.

If you were charged with a misdemeanor hit and run, but  you feel you are not responsible, there are defenses that can clear you of your charges.  If the damage was only to your car, or you lacked knowledge about the property damage or if it was not you who caused the accident, your lawyer will be able build a defense.

But if you left the scene of an accident, without first identifying yourself to the other party or parties involved, and another’s property was damaged in the accident you could be charged with California misdemeanor hit and run.

 Hit & Run Penalties in California

California enforces strict penalties for hit and run cases. If found guilty of a misdemeanor hit and run, you may face a county jail term of up to 1 year and a fine of $1,000 to $10,000.

Call our office today 619-330-5881 for more information.  Mr. Elliott N. Kanter has over 30 years’ experience defending San Diego drivers charged with Hit and Run violations. We are here to help you. It is critical to have an experienced criminal defense attorney in your corner.

This information is provided for educational purposes only and does not create an attorney-client relationship.

This document

• formally suspends your license
• Provides a temporary driving privilege for 30 days
• Explains your rights to an administrative hearing to contest the suspension and force the DMV to return the license

You or your attorney must contact the DMV’s local Driver Safety Office (DSO) and formally demand a hearing WITHIN 10 CALENDAR DAYS of the arrest. If the call is not made, on the eleventh day the right to contest the suspension is lost and it will begin 30 days from the arrest regardless of any possible defenses.

If you have been charged with a DUI you will also be scheduled to appear in court.  This is not the same as a DMV (Department of Vehicles) hearing.  The DMV investigation is only an administrative hearing regarding the suspension or revocation of your driving privilege. Even though you have a court date, the DMV offers you the right to a hearing. This is because both the State and Federal Constitution insure that no one shall be deprived of property without due process of the law. Because your license may be taken away, you are given the chance to attend a hearing.  However, you are not required to request a DMV hearing.

How is the DMV hearing different from the court trial for DUI?

The DMV hearing does not prove if you are guilty or innocent of a criminal act.  The only concern of the DMV is your driving privilege and the circumstances surrounding your arrest.

The following issues will be discussed at your DMV hearing:

If you took  a blood or breath or urine test:

• Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of California Vehicle Code Section 23140 , 23152 , or, 23153 ?
• Were you placed under lawful arrest?
• Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood?

If you refused or failed to complete a blood, breath test, or  urine test:

• Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of CVC 23140, 23152, 23153?
• Were you placed under lawful arrest?
• Were you told that if you refused to submit to or failed to complete a test of your blood, breath, or urine. that your driving privilege would be suspended for one year or revoked for two or three years?

If your license was suspended at your DMV hearing, but you were found not guilty in criminal court, the DMV could reverse the suspension decision.

If you have been arrested for a DUI in California call our office immediately at 619-330-5881.  Mr. Elliott N. Kanter has over 30 years of criminal defense experience in San Diego and can advise you of your best defense.  Don’t take the chance of losing your driver’s license. We are here to help you.

This information is provided for educational purposes only and does not create an attorney-client relationship.

There have been several attempts to repeal this harsh sentencing system and California voters may once again have the opportunity to change the state’s three-strikes mandatory-sentencing law. An initiative to change the law has been cleared to gather petition signatures, a potential step toward the November 2012 ballot. The proposed change would reduce the sentences of some currently serving time, and reduce prison time for those who are convicted of nonviolent felonies and already have two prior felony strikes.

History of Three Strikes Law in California

California Legislators and voters approved a major change in the state’s criminal sentencing law, in 1994 (commonly referred to as Three Strikes and You’re Out).

http://legix.info/us-ca/statutes;1994;chp0012/doc contains the full text as enacted by the California Legislature and by the electorate in Proposition 184. It was voted in with a huge 71.8% approval. After several high profile murders committed by ex-felons, public fears were raised and most California citizens believed that violent offenders were being released from prison only to commit new, often serious and violent, crimes in the community.

Since then, several infamous cases brought negative attention to the law, and led to reform efforts.  Gary Ewing was sentenced to 25-to-life under the three strikes law after shoplifting golf clubs; Jerry Dewayne Williams was also given a 25-to-life for stealing a slice of pizza.

Three Strikes Defense Attorney 

Until this law is changed or repealed, it remains in effect as of this writing.  If you or a loved one have any questions or concerns about this law or if you are facing a strike case, contact the Law Offices of Elliott N Kanter at 619-330-5881.  Mr Kanter has over 30 years of  Criminal Defense experience in California.  He knows the law and its defenses.  The California Three Strikes Law is very  complex but there are ways to fight it.  Call today or fill out the secure mailing form for a prompt reply.

This information is provided for educational purposes only and does not create an attorney-client relationship.

In 2009, newly appointed members of the Board of Registered Nursing stepped up enforcement. The Board of Registered Nursing has the right to discipline a registered nursing license for violation of the Nursing Practice Act. The disciplinary action  is  based on a number of factors,  such as the severity and recency of offense, rehabilitation evidence, current ability to practice safely, and past disciplinary history.

If you are a registered nurse and you are being investigated by the Board of Registered Nursing and/or Department of Consumer Affairs for wrongdoing, charged with or have a BRN complaint filed against you, or are seeking an RN license in California but have some prior misdeed you are worried about, you will need an Attorney to handle these matters.

If you receive a telephone call from an investigator or a formal Accusation by mail, you will need to speak with a California administrative law attorney who has expertise in Board of Registered Nursing cases. An Accusation can be very alarming in part because when you read the last page it will imply that the BRN seeks to revoke the license. This is standard language in every Accusation and it allows the BRN to revoke a license if the facts merit it.

It is possible for the nurse to save his or her license. It will take a proactive approach, the filing of a mitigation package and a demonstration of why the discipline was not previously reported. Because it is difficult for the nurse to handle the legal parts of this process without assistance, it is imperative to consult with an administrative law attorney.

An experienced and professional California Defense Attorney will  provide aggressive representation to nurses investigated or accused of wrongdoing. We help protect your license, your reputation and your career. Please contact Elliott N. Kanter through the secure mailing form. You can also contact Mr. Kanter by telephone:  619-330-5881.

This article is for education and marketing purposes and does not establish an attorney-client relationship.

The California Vehicle Code Section 23222(a) states:

No person shall have in his or her possession on his or her person, while driving a motor vehicle upon a highway or on lands, as described in subdivision (b) of Section 23220, any bottle, can, or other receptacle, containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed.

Even if the alcoholic beverage in the vehicle is not being consumed, it is still against the law.  But the good news is that this violation is only an infraction and will not result in jail time. If it was open but not consumed, there may be a fine up to $250.  It may also result in a point on your record.

The Penalties are Most Severe for Drivers Under 21

The DMV stresses in their California Driver Handbook the severity for drivers under the age of 21 breaking the open container law.  The consequences are:

If you are a driver or passenger under 21 and are caught violating this law, you face a misdemeanor, punishable by up to six months in jail and a maximum $1,000 fine.

•  You may not carry liquor, beer, or wine inside a vehicle unless you are accompanied by a parent or other person as specified by law and the container is full, sealed, and unopened.

• If you are caught with an alcoholic beverage in your vehicle, the vehicle may be impounded for up to 30 days. The court may fine you up to $1,000, and either suspend your driving privilege for one year or require the DMV to delay the issuance of your first driver license for up to one year, if you are not already licensed.

Remember, even if the person is not under the influence of alcohol, an open container of alcohol found the vehicle can result in an open container arrest.  If you have been charged with open container violation, fill out the secure mailing form or call our office today at 619-330-5881.

Mr. Elliott N. Kanter has over 30 years of experience helping people like you in the San Diego area.  Don’t handle your open container case on your own.  Speak with Attorney Elliott N.  Kanter today and make sure that you get a fair trial as DUI charges can be serious and permanent.

This article is for education and marketing purposes only.  It does not in any way establish an attorney-client relationship.

According to the statement issued by San Diego County District Attorney Bonnie M. Dumanis,on January 4, 2012, an investigation during 2011 revealed pervasive ‘pay-for-play’ culture.  The DA states that felony charges include ” bribery, perjury, filing a false instrument, influencing an elected official and obtaining a thing of value to influence a member of a legislative body. Additional misdemeanor charges include wrongful influence.” If convicted of the charges, defendants face between four and seven years in state prison, as well as fines.

Understanding Bribery

Bribery is the giving or the offering of something of value with the intent of influencing another’s decision. It is clearly illegal to offer or make a bribe to the following persons:

• Judges and other judicial officers
• Jurors
• Referees and umpires
• Arbitrators
• Elected officials
• State, city or county government workers and members of public corporations; &
• Anyone else authorized by law to decide any question or controversy

How to Defend Against Bribery Charges

Bribery and corruption charges are serious criminal matters.  You will need expert criminal defense to represent you. You will have to prove your lack of contact with the official claiming bribery. A complete portfolio of bank statements, stock purchases and investments will be needed as you prepare to defend against bribery charges.

You will need to verify every interaction with any public officials involved in a bribery case to your attorney. Your attorney will need to know any conversations and actions that may be mistaken for bribery in an effort to build a good defense. Others involved in these meetings can be a witness to avoid guesswork and/or missed quotes

If you have any questions or concerns about a possible bribery case, please contact our office at 619-330-5881.  Or simply fill out the secure confidential mailing form and we will promptly respond to your inquiry. Mr. Elliott N. Kanter is an experience Criminal Defense Attorney in San Diego with over 30 years experience.  We are here to help you.

This article is for education and marketing purposes only.  It does not in any way establish an attorney-client relationship.

Pimping and pandering are two separate California sex crimes but their purpose is the same: to prevent people from trying to increase the number of available prostitutes.

California Penal Code (CPC) 266h defines pimping as:

Soliciting or advertising for prostitution and collecting money from either the prostitute and/or the customer.  Pimping involves finding customers willing to pay money in exchange for sexual acts. The Pimp advertises for the prostitute and then collects from the prostitute’s pay. Sometimes a pimp collects some of the prostitutes’ pay even when they had no part in finding the customer. The Pimp is the boss and the prostitute is the employee.

California Penal Code (CPC) 266i defines pandering as:

Procuring another person for the purpose of prostitution.  It includes recruiting individuals to serve as prostitutes for hire, encouraging someone to become or remain a prostitute and/or making a prostitute available to another person.  The most common violation of the pandering law is the organization  of a prostitution service or “brothel. You “pander” when you make prostitutes available for sexual services.

As stated in CPC 266h if someone is found guilty of Pimping  it will be considered a felony, and

“shall be punishable by imprisonment in the state prison for three, four, or six years.” 

And likewise for Pandering. In CPC 266i Pandering is also a felony and

“shall be punishable by imprisonment in the state prison for three, four,or six years”

Pimping and pandering are both serious offenses.  If you have had these types of charges brought against you it is essential to find an experienced criminal defense lawyer who specializes in this type of law. Your knowledgeable lawyer will assist you in knowing your rights and options.  Mr. Elliott N. Kanter has over 30 years’ experience in California Criminal Law. Call our office today at 619-330-5881 or fill out the secure mailing form for more information.  Your consultation is always strictly confidential. We are here to help you.

This article is for education and marketing purposes only.  It does not in any way establish an attorney-client relationship.