Criminal Law Newsletters

Red Flags and Mortgage Fraud

Due to the popular refinancing boom of the last few years, mortgage fraud has been on the rise. Unfortunately, borrowers tend to be the victims of the offense. The parties involved in mortgage fraud may include mortgage companies, mortgage brokers, appraisers, or borrowers.

Motion to Disclose the Identity of a Confidential Informant

A defendant may file a motion requesting that the prosecution disclose the identity of their confidential informant. Typically information received from the confidential informant may be the basis of probable cause to support the issuance of an arrest warrant for the defendant.

Search and Seizure - An Overview

The Fourth Amendment to the United States Constitution has been the subject of thousands of legal opinions. The Fourth Amendment guarantees that all people in the United States shall be free from unreasonable government searches. The Fourth Amendment provides: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

THEFT OF SERVICE

A person commits the offense of theft of service when he or she, with the intent to avoid payment for a service that is provided only for compensation: (1) intentionally or knowingly secures the performance of the service by deception, threat, or false token; (2) intentionally or knowingly diverts the service to his or her own use; (3) holds personal property beyond the expiration of a rental period; or (4) intentionally or knowingly obtains the performance of the service by agreeing to provide compensation and fails to make payment after receiving notice of a demand for payment.

Juvenile Arrests and Procedures

When a juvenile is arrested they are entitled to many of the same rights that an adult is entitled to upon arrest.