January 15, 2023
In California, Business & Professions Code 11022 makes it a criminal offense to make false or misleading statements in real estate advertising. Specifically, the law prohibits any person from advertising or offering to sell real property by making any false or misleading statement or representation. Violations of this law can result in serious criminal penalties, including fines and imprisonment.
If you have been charged with violating BP 11022, it is important to understand the seriousness of the charges and the potential consequences of a conviction. In this situation, it is crucial to hire a criminal defense attorney who has experience defending clients against these types of charges.
An experienced lawyer will be able to review the details of your case and advise you on the best course of action. They will be able to inform you of your rights and the potential penalties you may be facing. Additionally, they will be able to provide you with an evaluation of the strengths and weaknesses of the prosecution’s case against you, and develop a strategy to defend you in court.
One of the most important aspects of your defense will be to challenge the prosecution’s evidence. An attorney will be able to review the evidence presented by the prosecution and identify any weaknesses or inconsistencies. They will also be able to identify any potential violations of your constitutional rights that may have occurred during the investigation or arrest.
Another important aspect of your defense will be to challenge the prosecution’s witnesses – i.e., cross-examine the prosecution’s witnesses and challenge their credibility. Our office will also be able to present evidence and testimony from your own witnesses to support your defense.
In addition, the false or misleading statement in question could arguably be protected by the First Amendment. The First Amendment of the United States Constitution guarantees the freedom of speech, and this freedom may extend to false or misleading statements made in real estate advertising.
This defense may be particularly relevant if the false or misleading statement was made in a non-commercial context, such as on a personal blog or social media account, rather than in a professional or commercial context. In such cases, the defense may argue that the statement was made as a form of expression rather than as a means of inducing someone to purchase real property.
The defense may also argue that the statement was not made with the intent to deceive, but rather as a form of satire or parody. In these cases, it may be difficult for the prosecution to prove that the defendant had the intent to deceive.
In some cases, the prosecution’s case against you may be weak and the best course of action may be to negotiate a plea bargain. A skilled criminal defense attorney will be able to negotiate with the prosecution on your behalf and try to reach a plea bargain that is favorable to you.
In some cases, it may be possible to have the charges against you reduced or dismissed. A criminal defense attorney will be able to review the facts of your case and determine if there are any grounds for a reduction or dismissal of the charges.
It’s important to note that hiring an attorney is not a guarantee of a favorable outcome in your case. However, an experienced attorney will be able to provide you with the best defense possible, and will increase the chances of a favorable outcome.
If you have been charged with false or misleading real estate advertising, then give us a call. Speak with an experienced Orange County criminal defense attorney.
