Theft and Fraud
Our lawyers defend theft cases of all scales and levels of complexity, from simple misdemeanor shoplifting (Penal Code sections 459.5, 484/488) to complicated mail fraud, wire fraud, bank fraud and embezzlement cases in state and federal courts (Penal Code sections 459.5, 484/487, 503; 18 U.S.C. sections 1341, 1343). Other charges we have successfully fought against include petty and grand larceny (Penal Code section 487), automobile theft (Penal Code section 487(d)(1) and Vehicle Code section 10851), identity theft (Penal Code section 530.5) and credit card theft (Penal Code sections 484(e)-(i)). We also represent people under investigation before charges have been filed, often successfully negotiating with prosecutors to not file charges at all.
Our lawyers are especially attentive to the long-term consequences of any theft or fraud conviction because they are deemed to involve “dishonesty” or “moral turpitude.” A conviction for these types of offenses is not only embarrassing to disclose, but may create real adverse consequences for employment and professional licensing. For non-citizens, a conviction of any theft offense constitutes a crime of moral turpitude and may trigger significant immigration consequences. (8 U.S.C. section 1227.)
Whether a case is charged as a misdemeanor or felony will largely depend on the amount or value at stake and the person's criminal history. If the nature of the theft is especially complex or if the value of the loss or intended loss is especially high, the case may be handled by the federal courts, though Santa Clara and San Mateo counties are aggressive in pursuing embezzlement, trade secret theft, securities violations, computer crimes, real estate frauds, insurance frauds, workers compensation frauds and contracting/construction frauds. For larger scale and more complex cases of theft or fraud, whether in state or federal court, it is often necessary to consult with accountants, computer scientists and other experts with special knowledge related to the charges.
The attorneys at Nolan Barton Olmos & Luciano are experienced in handling complex cases with voluminous technical evidence. We have achieved acquittals at jury and court trials in cases of petty theft, grand theft, theft of trade secrets and fraud.