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Articles by Topic or Issue (Theft Offenses Continued - Traffic / Driving Offenses)

Theft Offenses Continued

Burglary Continued

  1. Conviction Reversed for Possessing Burglary Tools (Penal Code § 466)

  2. Can There Be Residential Burglary of an Uninhabited House?

  3. Can Residential Burglary Happen If from Closet in Entryway?

  4. Burglary by Trick - Putting Laptops in Printer Box

  5. Conviction Reversed for Commercial Burglary Despite Evidence

  6. Is It Burglary to Seek a Full Refund for Items on Sale?

  7. Is Burglary a Crime of Violence under Immigration Laws?

  8. Can First Degree Burglary Occur If an RV Is the Dwelling?

  9. Prop 47: Is Burglary from Employee Only Area Shoplifting?
  10. Possession of Burglary Tools – What Intent Required?
  11. First Degree Burglary, Uninhabited Detached Garage?

Car Theft

  1. What Is Carjacking, Its Defenses and Punishment?

  2. What Is Tampering with a Vehicle (Vehicle Code § 10852)?

  3. Is Vehicle Code § 10851 Eligible for Prop 47 Relief?

  4. Do You Face Charges Related to a Chop Shop (VC § 10801)?

  5. Does Proposition 47 Apply to Joyriding (VC § 10851(a))?

  6. Prop 47 Can Apply to a Conviction for Joyriding (VC § 10851)

  7. Is Attempted Burglary of a Vehicle Covered by Prop 47?

  8. What Is Grand Theft Auto? Defenses? Punishment?

Grand Theft

  1. Can One Be Convicted of Grand Theft for Not Paying Rent?

  2. When Can Grand Theft Via Embezzlement Be Many Charges?

  3. New Petty Theft Limit Changes Some Grand Theft Convictions

  4. What Is Grand Theft Auto? Defenses? Punishment?

  5. Prop 47 Relief Denied on Grand Theft Conviction – Why?

Theft / Other

  1. What Is Receiving Stolen Property (Penal Code § 496)?

  2. Is Receiving a Stolen Motorcycle Prop 47 Eligible?
  3. Dine and Dash Can Be Charged As Felony Petty Theft?

  4. What Is a Motion for Civil Compromise and How Does It Work?

  5. Does Prop 47 Apply to Offenses Related to Drugs or Theft?

  6. Prop 47 & PC § 484e(d)– A Liberal View of Theft Offenses

  7. Does Prop 47 Apply to Theft of a Cell Phone from a Locker?

  8. Do Community Property Principles Bar Inter-Spousal Theft?

  9. Theft by False Pretenses by Not Paying Cab Driver?

  10. Does Penal Code § 459.5 Include Theft by False Pretenses?

  11. What Is the Taking and Receiving Doctrine for VC § 10851?

  12. Identity Theft Double Jeopardy under Civil & Criminal Law
  13. What Is Organized Retail Theft (P.C. § 490.4)? Punishment?
  14. How is a Vehicle Defined Under Vehicle Code § 10851?
  15. Is Hobbs Act Violated by Threat of Sham Litigation?
  16. Felony Theft: Is Kelley Blue Book Value Admissible?


  1. Conspiracy Liability Very Broad for Robbery – Beware

  2. What Is Robbery, Its Defenses and the Possible Punishment?

  3. Punishment for Attempted First Degree Residential Robbery
  4. Can One Commit Robbery If the Victim Never Put in Fear?
  5. Is There an Attempted Estes Robbery under P.C. § 663?
  6. What is a Substantial Step for a Hobbs Act Robbery?
  7. Theft of a Rental Car and Location Privacy Rights
  8. What is an Estes Robbery?  Why is it a Strike?
  9. Is a Hobbs Act Robbery a Crime of Violence under USSG?
  10. Defendant Not Liable for Aiding and Abetting Robbery

Three Strikes

  1. Can the Unfairness in the Three Strikes Law Be Fixed?

  2. Court Vacates 150 Year Sentence by Dismissing 3 Strikes

  3. Two Attacks Thirty Minutes Apart, Is It One or Two Strikes?

  4. Eighth Amendment (Cruel and Unusual Punishment) & 3 Strikes

  5. Under Romero, Not All Strikes Must Be Dismissed from One Act

  6. Resentencing 3 Strike Sentence Has Documentary Challenges

  7. Motion to Withdraw a Plea When Judge & DA Said No Strike

  8. New Three Strikes Law No Help to Spousal Rape Conviction

  9. Can an out of State Conviction Count As a Strike in CA?

  10. In Resentencing a Third Strike, is Stalking Eligible?
  11. What Crimes Are Strikes under the Three Strikes Law?

Traffic / Driving Offenses


  1. Cell Phone Ticket - Driving Includes Being Stopped at Light?

  2. Red Light Camera Ticket Thrown Out When Records Improper

  3. Conviction by Red Light Camera Is Upheld on Appeal

  4. Traffic Stop for Texting Proper When Driver Parked, Texting?

  5. I Missed Court for a Traffic Ticket Trial: What Should I Do?

  6. Texting While Driving with Accident - Beware of a Civil Case

(Traffic / Driving Offense Articles Continued on Next Page)


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