Fraud Offenses in California: Understanding the Basics

Under California law, there are a multitude of fraud offenses defined under many separate statutory provisions.  Basically, criminal fraud in this state involve engaging in unfair or dishonest practices that permit you to obtain undeserved benefits and/or cause harm to another individual. Crimes of fraud usually arise out of a desire to escape culpability for illegal actions or to obtain a monetary or other financial advantage.  There are many types of fraud under California law, including the following:

Insurance Fraud: California Insurance Fraud involves attempting to obtain insurance benefits or money to which the insured is otherwise not entitled.  This type of fraud can range from staging a car accident, misrepresenting the insured’s loss or injuries, to submitting false billing to a private health insurer or Medicaid/Medicare for services not performed.  Examples include California Healthcare Insurance Fraud, Medicare/Medicaid Fraud, and Worker’s Compensation. 

Mail Fraud: The offense is a federal crime that is subject to more serious penalties. A violation involves fraud committed through use of the mail to advertise fraudulent services, intentionally fail to deliver a product ordered through mail, or mail a forged check.

Real Estate/Mortgage Fraud: These types of fraud have become much more common in recent years.  These types of fraud schemes take many forms including predatory lending schemes, creation or use of a forged deed, illegal flipping schemes (e.g. use of false appraisal or loan documents), fraudulent offers of foreclosure avoidance services, false financial records to obtain financing, and similar acts involving misrepresentation or false statements.

Check Fraud: Making or issuing a check when you intend to defraud the payee and, you reveal that intent by representing the check to be genuine.

Credit Card Fraud: This form of fraud can take many forms, such as selling fake credit cards, unauthorized use of another person’s credit card, and using an expired or revoked credit card

Nursing Home or Elder Abuse: Fraud in this contact involves financial abuse of nursing home residents or other elderly people.  A caregiver who persuades a resident to sign over the senior’s property, forges the senior’s name on checks, or overbills for care can face criminal charges of fraud.

These are just a handful of examples of fraudulent schemes using dishonesty, misrepresentation, lies, deception, and other forms of unfair conduct to defraud individuals and entities out of money, property, services, or benefits.

If you commit a form of fraud in California, you can face incarceration, substantial fines, the obligation to pay restitution, probation, and other penalties.  Further, a fraud conviction generally will be considered a crime of moral turpitude, which can result in difficulty obtaining a professional license, such as a doctor, attorney, and other occupations, as well as resulting in adverse immigration consequences for non-citizens.

If you have been charged with a fraud offense in Southern California, San Diego Criminal Defense Lawyer Ashby Sorensen is committed to assisting people facing the potentially life-altering consequences of a criminal conviction.  Call the Law Offices of Ashby Sorensen today at (858) 999-6921 to schedule a free consultation. 

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Drug Crime Defenses to California Drug Possession Laws – Discussed by San Diego Drug Lawyer Ashby Sorensen

There are two main overarching types of drug laws in the state of California - those pertaining to the possession of drugs, and those that govern the distribution or intent to sell drugs. There are also distinctions surrounding the types of drugs and their possible offenses that distinguish marijuana, phencyclidine (PCP) and methamphetamine from other controlled substances (commonly called narcotics). According to Section 1170 of the California Penal Code, the prosecutor has the authority to charge an individual and the state has the authority to punish someone who has committed drug-related offenses. If the state feels the individual had intentions of “drug dealing,” they may be charged for possession with intent to sell, or transportation of narcotics, which can lead to increased penalties and punishments. 

Possible Drug Crime Defenses 

A knowledgeable San Diego drug crime defense lawyer will have a deep understanding of California’s drug laws and understand how to present the best possible defense on your behalf. There are a variety of applicable defenses a drug lawyer could offer, and Attorney Ashby Sorensen looks forward to discussing your best options with you. For example, an individual may require the possession or use of certain controlled substances or marijuana for medical reasons, which would make their actions completely legal. A physician or specialist may also have prescribed those controlled and therefore, the individual was allowed to possess and consume them.

Oftentimes, an illegal search or seizure takes place during an arrest and the police find or confiscate evidence or drugs illegally. If that is the case, the evidence may not be admissible in court and an attorney may argue they cannot be used against you on those grounds. There may also have been mishandling of the evidence or faulty lab testing which can lead to inconclusive results and ultimately provide a defense to the charges. A drug lawyer may also argue that there was improper conduct or entrapment on the part of the police officer either during the arrest, custody or the interrogation. Any of the aforementioned circumstances may create a possible defense for the drug charges you are facing. A skilled and experienced drug lawyer such as Ashby Sorensen will be able to assess the details of your circumstances and work hard to protect your legal rights and your freedom.  

Contact San Diego Drug Lawyer Ashby C. Sorensen to Best Defend Your Drug Crime Charges 

Whether you have been arrested for a drug crime, or you know of a loved one who has, there are options and possible defenses. San Diego Drug Lawyer Ashby C. Sorensen has years of experience helping clients protect their legal rights and their freedom. He strives to create the best possible resolutions for drug crime clients and looks forward to building a strong defense for your case. Call (858) 999-6921 today for a free consultation and learn how you can start defending your charges now. 

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