Burglary Lawyers in the USA
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Burglary Lawyers USA - Recent Legal Articles
- Expungement of Petty Theft Conviction a Mistake, Although Defendant Consequently Faces Deportation
In 2011, he again attacked his 1997 petty theft conviction, by way of an “invitation” that the court dismiss the judgment of conviction under Penal Code § 1385. It merits mention parenthetically that only prosecutor can move to dismiss a case under section 1385. Thus, a defendant must instead “invite” the judge to exercise his discretion under 1385 to dismiss the case.
- First Degree Residential Burglary is a Crime of Violence Under Immigration Laws
In 2007, Ramiro Ramos-Medina was convicted after a jury trial of First Degree Residential Burglary, a violation of Penal Code § 459. The judge sentenced him to two years in state prison. Mr. Medina was not a U.S. citizen. Immigration officers told him that his conviction was a “crime of violence” under 8 U.S.C. § 16(b) and thus, an “aggravated felony” under the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43) and § 1227(a)(2)(A)(iii).
- Conviction Reversed for Possession of Burglary Tools (Penal Code § 466)
In newspapers, one often reads of someone being arrested and charged with the possession of burglary tools. Perhaps one has even more personal knowledge of such charges. Rhetorically speaking, just what are “burglary tools?” If one is arrested while attempting to begin a residential burglary and is found to have blue latex gloves and a large black bag, are these “burglary tools?”
- What is Commercial Burglary (Penal Code § 459) and What Are the Defenses?
Commercial burglary, defined at Penal Code § 459, is the entering of a shop, store; office building, or any other commercial building with the intent to steal and then stealing something. This crime is also defined as entering a commercial building with the intent to commit a felony other than stealing the property of another.
- Opening a Garage Door with a Stolen Garage Door Opener is Only Attempted Burglary, Not a Completed Burglary
Our offense has received several calls over the years about a romantic relationship that ended, but one party retains possession of a remote control garage door opener to the garage of the other person. The caller asks us what we can do or they should do to prevent the other party from burglarizing their home, where they are no longer welcome.
- Overview of Misdemeanor Charges in Las Vegas
Misdemeanor Charges - A misdemeanor is an offense that the criminal justice system considers less serious than a felony. The offense is normally punishable by fines up to $1,000 and imprisonment for up to six months. Felony offenses are punishable by a year or more in prison. Misdemeanor sentences are typically served in a local jail.
- Five Men Charged with Armed Robbery in Newport Beach
The consequences of armed robbery in the state of California can be severe. Much of the penalties are determined on whether or not it was first degree robbery or a second degree robbery. If the suspect was carrying a dangerous weapon that obviously worsens the verdict.
- Judge Makes Mistake in Sex Offender Registration after Sentencing for Felony Child Endangerment
Defendant Toni Allexy, age 38, was a high school cheer leading coach. She invited a fourteen year old football player from the school to her house and encouraged him to drink alcohol with her. He did so. After getting the victim drunk and becoming, in her description, “beyond drunk,” she took the victim to her computer room, where alone with just him, she drew her initials on his check.
- The Rise of Auto Theft in Denver
It may surprise you to learn that a person living in Colorado is twice as likely to have their car stolen as a person living in New York City. According to the Colorado State Patrol, Denver has five thefts per 1,000 cars and a surprisingly large number of those thefts are carried out for the purpose of committing more serious crimes.
- Understanding Gun Laws in Your State
Do you know the laws regarding weapons in the state of Texas? Ignorance can cause unintended criminal charges regarding purchase, possession, and concealed/unconcealed carry. To prevent a mistake such as this, be sure to educate yourself on the laws regarding each of these areas, as well as what legal action you can take if you are faced with false weapons charges.