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September 2016 Archives

Identity theft and Credit Card Fraud are often linked

Credit card fraud and identity theft are often linked.  Credit card fraud generally occurrs in one of two ways.  Either someone unlawfully uses the personal information to get a credit card unlawfully in another person's name and then uses that credit card, or gets a stolen credit card and then gets false identity documentation in the name on the stolen cardholder in order to use it.

Who investigates theft cases in Carlsbad?

Carlsbad Police investigate theft cases in Carlsbad, however, California Highway Patrol may be  involved in auto theft cases.  The most common theft reported is the petty theft or shoplift. This offense usually involves the theft of retail merchandise valued $950 or less.  There are also more serious thefts which are usually felonies involving commercial burglary, embezzlement, fraud, identity theft and also residential burglary which  is always a felony and a strike under the three strikes law.

Marijuana Possession and Sales in Vista Courts

Marijuana Possession and sales  cases in Vista Courts could dramatically change with the upcoming election where the recreational use of marijuana will be on the ballot.  While marijuana is still an illegal drug federally, we have seen the federal government condone and not prosecute cases except where there are commercial grow  operations not regulated by state laws and illegal trafficing of marijuana.  California is still prosecuting marijuana possession, cultivation, and sales cases criminally unless they are in accordance with both state and local laws.

Military Diversion for DUI Cases Update

Military diversion for DUI cases was ruled on by 2 different appellate courts in California, each with a different opinion.  The issue has been whether or not military diversion per California Penal Code (PC) 1001.80 applies to DUI cases in California.  PC 1001.80 was enacted by the legislature, took effect in January 1, 2015 and authorized individuals who are currently or had been in the US military a diversion for a misdemeanor resulting in dismissal rather than a criminal conviction.