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In California, there are many different health and safety codes and statutes in place to protect citizens. Some of these focus on illegal substances, such as methamphetamine, and the consequences one may face for possessing them.
Being accused of possessing meth is a serious crime because it is a controlled substance under the California Uniform Controlled Substances Act. Under California Health and Safety Code Section 11377, the mere possession of meth is considered a misdemeanor, which involves a penalty of up to $1,000 and a year in prison. However, these repercussions can be far more severe, depending on how the drug was found and whether or not the prosecutors determined if there was an intent to sell or distribute the drug. Therefore, it stands to reason that you should be aware of the ways in which a prosecutor can prove meth possession. So...
In order for a prosecutor to convict you of meth possession under Health and Safety Code Section 11377, they must be able to prove or show beyond reasonable doubt that: (1) you had actual possession of the drug in question; (2) you knew the drug was methamphetamine, a controlled substance, and (3) you had possession of usable amounts of the drug, i.e. more than just trace amounts of methamphetamine.
While the burden to prove these things falls on the State, you should be prepared with ample evidence to show otherwise, just in case they do manage to produce sufficient evidence in the courtroom. Bear in mind there are two different kinds of possession for which you may be convicted. The first kind is actual possession, which entails that the authorities discovered the drug on your person, meaning in your pocket, clothes, or bag. The second kind is constructive possession, which simply means that the authorities found the drug in a place that you have access to, such as your house, car, or office. If you did not expressly admit to having knowledge of the illegal substance of methamphetamine being in your possession, the prosecutor will have to meticulously prove that through evidence. Evidence can include the way you behaved or reacted during the search or arrest process. As an example, if you attempted to hide or get rid of the drug, then they could reasonably assume that you had knowledge of the drug and its illegality. However, assumptions can work against the prosecutor as well.
One of the first things your lawyer will do is to determine whether the police encounter that led up to the discovery of the meth was legal. In other words, the prosecutor cannot use evidence against you in a court of law if it was obtained illegally. Remember that the police must adhere to strict laws which are upheld by the United States Constitution, including when they stop and search vehicles, when they enter into private property, and even when they arrest or detain someone on suspicion of illegal substance possession. Should a law enforcement agent knowingly, or inadvertently, violate the suspect’s constitutional rights, then your lawyer can request to suppress the evidence being presented against you.
There are many different avenues and possibilities that a lawyer can explore with you in order to best gauge what your next optimal move will be. Getting charged with possession of a controlled substance may seem overwhelming and getting out of that situation even more so, but we will guide you through the criminal justice process and get you the best possible result. We invite you to give KAASS Law a toll free call at (310) 943-1171 to have a free consultation with our skilled defense attorneys.
Restraining orders are commonly referred to as "RTO"s. Being served with a restraining order can be stressful, especially if it is a domestic violence restraining order. In California, there are a few different types of restraining orders such as civil harassment, domestic violence restraining orders, restraining orders involving elder abuse, workplace violence, emergency protective orders, and criminal protective orders. Each type of restraining order has various components of which the person who filed the restraining order has the "burden of proof" in order to obtain the restraining order, the duration of the restraining order, and the legal elements required to prove in order to obtain that restraining order. The following tips may help you successfully defend a California restraining order action.
The first essential preparation for an effective restraining order defense is to carefully review the allegations made against you order to determine if those allegations do or do not apply to each element required for the particular order of protection being requested.
In 2003, patent No. 6630507 was granted to the Department of Health and Human Services. Cannabinoids have been found to have antioxidant properties. Patent No. 6630507 also references 12 other U.S. patents related to cannabis dating back to 1942. U.S. Patent No. 6630507 covers the potential use of non-psychoactive cannabinoids to protect the brain from damage or degeneration caused by certain diseases, such as cirrhosis.
The U.S cannabinoids patent lists the use of certain cannabinoids found in cannabis sativa plants as useful in the treatment of certain neurodegenerative diseases such as Parkinson’s, Alzheimer’s, and HIV dementia. The cannabinoids are found to have particular application as neuroprotectants, which is any substance that helps to shield nerve cells from damage or death. As such, said cannabinoids aid in limiting neurological damage following ischemic insults, such as stroke and trauma, or in the treatment of neurodegenerative diseases Moreover, this newly discovered property makes cannabinoids useful in the treatment and prophylaxis of wide variety of oxidation associated diseases, such as age-related, ischemic, inflammatory, and autoimmune diseases. One particular disclosed class of cannabinoids useful as neuroprotective antioxidants is formula (I) wherein the R group is independently selected from the group consisting of H, CH, and COCH.
In California, anyone who owns property has a legal obligation to keep it safe from hazards. When determining who is liable in a premises liability or slip and fall case, the plaintiff must show that the defendant(s) had ownership, possession, and control of the premises. The individual(s) who owns, possesses, or controls the premises is the one responsible for any injuries arising from a hazardous or dangerous condition of the premises. Therefore, without the crucial element of "control over the premises", no duty to exercise reasonable care to prevent injury on the property can be found.
In California, the owner, operator, and/or lessor of property owe a duty to visitors to ensure that the property is in a reasonably safe condition. Furthermore, another crucial element in premises liability cases is the element of "foreseeability" .The foreseeability of harm is a prerequisite for the recovery of damages. The foreseeability of the danger establishes the duty owed.
Some common personal injury cases include:
There are two types of damages that are recoverable in California personal injury cases, which include special damages and general damages. Special damages are those damages that are financial in nature, such as hospital and medical bills or lost wages. On the other hand, general damages are those that are non-financial losses, including pain and suffering, loss of consortium, and emotional distress.
To successfully bring a wrongful death cause of action in California, the plaintiff typically must show the following: 1) The death of a human being; 2) Caused by another's negligence, or with intent to cause harm; 3) The survival of family members who are suffering monetary injury as a result of the death, and; 4) The appointment of a personal representative for the decedent's estate.
If someone dies due to the negligence or misconduct of someone else, the survivors or the decedent's estate may file a lawsuit for "wrongful death". A wrongful death claim is one when a person dies due to the legal fault of another person. The at fault party in wrongful death claims can be a driver at fault in a car accident, motorcycle-auto accident, or a medical professional that misdiagnosed or acted in a negligent manner that caused the death of another.
Wrongful death lawsuits is generally the personal representative of the decedent's estate, and may include a surviving spouse, children, or immediate family members. There are
California Proposition 213 restricts uninsured drivers from recovering general damages, or compensation for pain and suffering, following a car accident. Unfortunately, often times, insurance gaps happen, and so do auto accidents. In California, drivers are required to carry liability insurance when operating a motor vehicle on a public road.
California Prop 213 was created to prevent uninsured drivers from recovering money for pain and suffering following an accident. However, it does not limit your ability to recover medical costs, lost wages, or compensate you for future medical charges, if your accident was caused by a negligent driver. There are exceptions to the rule, and with a knowledgeable Glendale personal injury attorney, you can receive the compensation you deserve. Prop 213 does not apply to:
Being injured in a slip and fall can leave you with immense pain. Often, not knowing what steps to take in the immediate aftermath can result in prolonged and unnecessary suffering. In order to strengthen your chances of receiving fair compensation that helps you recover, be sure to:
California Identity Theft , under Penal Code 530 PC usually occurs when: a defendant unlawfully gained unauthorized access to a computer’s information or someone else’s sensitive personal information and used that information for financial or personal gain. This can be achieved by creating a credit card or opening up an account under someone else’s identity in order to obtain money or items which they are not entitled to.
As discussed above, identity theft under California Penal Code Section 530 occurs when a person unlawfully and intentionally acquires and retains possession of personal identifying information of another person. In other words, identity theft occurs when a person uses your personal identifying information without permission to commit fraud or other theft related crimes. Identity theft crimes can include obtaining a consumers:
The Elder Abuse Protection Acts focuses on protecting older adults by punishing perpetrators who exploit, abuse, and harm vulnerable seniors.
Elder abuse can occur in various forms such as, physical, mental, emotional, financial and even sexual. Often, the abuse is physical or results from neglect. The law recognizes that factors which contribute to abuse, neglect, or abandonment of elders and dependent adults are economic instability of the family, resentment of caretaker responsibilities, stress on the caretaker, and abuse by the caretaker of drugs or alcohol. Elder abuse can occur in cases involving nursing home negligence. Some of the type of injuries that may appear as:
If you are defending against a restraining order, you have to keep in mind that the court doesn't have all day to listen to your case and thus you must be prepared when you come into court. First, it is important that you prepare your evidence and bring them with you to court. You may bring declarations from other people that have personal knowledge of the facts that surround that basis of your restraining order, your own declaration, along with any photographs, videos, text messages, emails, or any other piece of evidence you intend to show to the court.
If you are also facing criminal charges which stem from the matter of which is the basis for the restraining order, keep in mind of your Fifth Amendment right against self-incrimination. This means, if you testify during a restraining order trial, your testimony may and most likely will be used against you in the pending criminal case. Therefore, being mindful of the statements you make during court is very important. The prosecutors can request the transcript of your testimony from the restraining order hearing from the court, which may aid them in building their case against you in the pending criminal case. If you are in a situation where you face both criminal charges and a restraining order action, it is imperative that you seek legal help in order to insure the best possible outcome, as these types of criminal matters become extremely tricky.
Keep in mind that if the person that intends to file a restraining order against you, they are further legally obligated to have you personally served with the restraining order.
It is always wise to consult with an experienced local attorney who has vast experience in defending against restraining orders to discuss your various options. In order to ensure you have the best possible outcome and an effective defense is to have an experienced restraining order lawyer handle your case for you. Your restraining order lawyer will prepare a solid defense and attempt to persuade the court that the allegations asserted by the other party do not fit the definition of abuse.
Often times, defendants are not properly prepared for these type of hearings and almost immediately make damaging admissions that necessitate a restraining order be issued, even if the admitted activity was in fact innocent. Defending yourself against a restraining order can be difficult if all that you have are the statements made by the victim against your own word where there are no pictures or witnesses to support your side of the story. Further, if the person who filed the restraining order against you is represented by an attorney, it is even more imperative for you consider hiring a restraining order attorney immediately, as opposed to defending yourself If you were served with an restraining order or temporary restraining order, our knowledgeable restraining order attorney in Los Angeles, CA with KAASS LAW can help defend you. We are highly dedicating to serving the needs of all our clients. Call us at (310) 943-1171, 24 hours a day, 7 days a week for a free consultation tailored to the specifics of your case, our attorneys speak English, French, Spanish, Russian, Armenian, and Italian. You may also get directions to our law firm on Google Maps fast and easy.
Recently, legal-marijuana pioneers have experienced a rising concern in retaining a marijuana intellectual property lawyer in order to protect their creations from imitators, as well as from multinational corporations in the agriculture, tobacco and pharmaceutical industries that appear to be keeping a close eye on the fast-growing marijuana industry from the sidelines. For instance, in 2013 the first marijuana strain patent containing significant amounts of THC ever granted, patent No. 9,095,554. Accordingly, the patent provides compositions and methods for the breeding, production, processing and use of specialty cannabis.
If you have questions regarding marijuana laws or or are seeking to start a recreational marijuana business in California, we invite you to call our office for a consultation with a Los Angeles recreational marijuana business lawyer today.
If property owner(s) fail to properly maintain the premises and someone suffers injury as a result, they may be liable for damages under premise liability law. As in any other negligence action, the injured person must establish the following: (1) the existence of a duty on the part of the defendant to use due care; (2) a breach of this legal duty; and (3) the breach as the proximate or legal cause of the resulting injury. If you or a loved one suffered damages associated with an accident which occurred on someone else’s property, you may be entitled to compensation for your injuries. We invite you to contact our Glendale personal injury attorneys at (310) 943-1171, for a free consultation.
Common causes of slip and fall accidents occur when property owners fail to exercise reasonable care in preventing slip or fall hazards, such as:
Property owners are legally responsible to inspect the property for any hazard risks and maintain the property in a safe manner. If there are any latent or concealed perils on the land, the possessor is under a duty to exercise ordinary care either to make the condition reasonably safe for those coming onto the land or to give such persons a warning adequate to enable them to avoid injury. Failure to repair or fix a slip hazard, resulting in a preventable invitee or customer injury, is an act of negligence.
Premises liability claims against government entities, due to injuries sustained on public property are often very challenging to litigate. Government entities enjoy greater protections against premises liability claims than do ordinary private persons and businesses. In California, to bring a successful premises liability claim against a government entity, one must prove an additional element that does not exist in premises liability claims against private entities - under Government Code section 835, the injured party must prove either: (a) a negligent or wrongful act or omission of an employee of the public entity within the scope of his employment created the dangerous condition; or (b) the public entity had actual or constructive notice of the dangerous condition under Section 835.2 a sufficient time prior to the injury to have taken measures to protect against the dangerous condition. Are you wondering how to prepare for a slip and fall claim? If you were injured due to a slip and fall accident, our knowledgeable Los Angeles personal injury attorneys can help you get the compensation you deserve. Call us at (310) 943-1171, 24 hours a day, 7 days a week for a free consultation tailored to the specifics of your case, our attorneys speak English, French, Spanish, Russian, Armenian, and Italian.
Loss of consortium is a claim for damages suffered by the spouse or children of a person who has been injured or killed as a result of the defendant's negligent or wrongful acts. Generally, claims for loss of consortium are not awarded unless the person injured dies or suffers a severe and enduring injury. The suing party must show that the injured or deceased family member cannot provide his or her spouse or family member with the same love, affection, companionship, comfort, society, or sexual relations that were provided before the accident.
Statute of limitations is the period of time you have to file a claim or suit. Personal injury cases have a statute of limitations varies depending on the type of case, but generally, the time limit usually starts on the day the accident or injury occurred and can last anywhere from 1 to 2 years. However, in claims involving government tort or injury involving government entity, such as an car accident with a government city vehicle, requires the injured party to first file a claim with the appropriate governmental agency within 6 months from the date of the accident. Finally, depending on the outcome of the claim, the injured party will then have either 6 months or two years to file suit. If you fail to follow the guidelines for the statute of limitations, you may lose your right to file a claim. Thus, it is vital you speak to a Los Angeles personal injury lawyer immediately to preserve your claim! Our lawyers in Glendale, Los Angeles, California, will be happy to help you through every step of your personal injury case.
Our personal injury attorneys specialize in various personal injury matters including complex personal injury cases, government torts specifically related to auto accidents, motorcycle accidents, left turn motorcycle accidents, truck accident, multi-car accidents, which involve a government vehicle such as Metro Bus, fire truck, U.S Postal Service, and Water & Power Truck. If you have been in an accident involving an Government vehicle, give our office a call at (310) 943-1171 for a free consultation! This content is for educational purposes only. KAASS LAW is authorized to practice law in California. The above content is for California residents only. This content provides only general information, which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, North Hills, Porter Ranch, Chatsworth, Reseda, San Diego, La Jolla, El Cajon, Chula Visa, Del Mar
In a California wrongful death lawsuit, the estate generally seeks compensation for the survivors' loss, such as financial support the decedent would have contributed to the family during the lifetime of the decedent or the plaintiff, loss of companionship, and funeral and burial expenses. The damages in wrongful death lawsuits are by "pecuniary and/or financial losses". Courts have interpreted "pecuniary injuries" as including the loss of support, services, medical and funeral expenses. Finally, a damage award may also include interest from the date of the decedent's death. Moreover, the estate of the decedent may also seek non-economic damages including loss of decedent’s love, companionship, loss of support, comfort, care, assistance, protection, affection, loss of the enjoyment of sexual relations, loss of decedent’s training, and guidance.
We invite you to contact our Glendale personal injury attorney today for a free consultation and case review. KAASS LAW has successfully represented victims in California wrongful death lawsuits. Call us at (310) 943-1171, 24 hours a day, 7 days a week for a free consultation tailored to the specifics of your case, our attorneys speak English, French, Spanish, Russian, Armenian, and Italian.
This content is intended for educational purposes only. KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information, which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, North Hills, Porter Ranch, Chatsworth, Reseda, San Diego, La Jolla, El Cajon, Chula Vista, Del Mar
If you were uninsured and injured in a auto accident, our knowledgeable accident attorneys can help you get the compensation you deserve. Call us at (310) 943-1171, 24 hours a day, 7 days a week for a free consultation tailored to the specifics of your case. Attorneys at KAASS Law speak English, French, Spanish, Russian, Armenian, and Italian.
Slip and fall accidents require a lawyer for a number of reasons, including the complexity of a given case. Every slip and fall case is unique and may require a alternative approach in order to successful recover on a claim or lawsuit. Most common slip and fall accidents are usually caused by the following:
The absences of warnings or caution signs situated near the hazard that caused you to slip and fall, can be a indicator of the property manager’s negligence. However, there are specific elements that must be proven and evidence that must show. Such as that the property manager failed to put a warning sign within a reasonable time of discovering the hazard or failed to notice the hazard within a reasonable time. The complexities of this type of claim can make it difficult for you to fight alone. Let us do the legwork on your claim so you can focus on your recovery. If you were injured due to a slip and fall accident our knowledgeable personal injury attorneys can help you get the compensation you deserve. Call us at (310) 943-1171, 24 hours a day, 7 days a week for a free consultation tailored to the specifics of your case, our attorneys at KAASS LAW speak English, French, Spanish, Russian, Armenian, and Italian.
Felony identity theft charges in California carry punishment of 3 years in state prison, court order to pay compensatory damages to the victim(s) that suffered damages, other fines, parole, and/or probation. Call now for a free consultation and case review at (310) 943-1171. If you or someone you love got these accusations of identity theft in California, it is important to understand the penalties that accompany a identity theft conviction. We invite you to contact our Glendale criminal lawyers for a free consultation and case review. Call our office at (310) 943-1171, our attorneys at KAASS Law speak English, French, Spanish, Russian, Armenian, and Italian.
KAASS LAW is authorized to practice law in California. The above content is for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office.
KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock. Sunland, Tujunga, Sylmar, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
Common types of physical abuse include any unwarranted or unwelcome physical touching including:
California Welfare And Institutions Code §15600 provides legal protection and recourse for elderly who have suffered abuse under the Elder Abuse And Dependent Adult Civil Protection Act. The law recognizes that many elders and dependent adults who are at the greatest risk of abuse, neglect, or abandonment by their families or caretakers suffer physical impairments and other poor health that place them in a dependent and vulnerable position. Elder is defined in the statutes as any person 65 years of age or older who is residing in California at the time of the alleged abuse. The term “abuse” is interpreted broadly and includes any of the following:
Neglect means that the care giver acted unreasonably by failing to exercise that degree of skill or render that level of care for which a reasonable person would exercise or render under similar circumstances. Under the Elder Abuse Protection Act, you or a loved one are entitled to compensation for any type of abuse, negligence or recklessness on the part of the nursing home facilities caregivers. Further, you or a loved one are entitled to file for damages against each healthcare provider who was involved in the abuse. It is best to seek assistance from an experienced California nursing home attorney. Often times obtaining evidence of abuse and bringing charges against the company or corporation which operates the nursing home can be almost impossible without specialized and experienced legal representation. If you believe that a loved one may be subjected to elder abuse and wish to file a claim, it is imperative to act quickly. There is only a certain amount of time during which you can file a case. The time limits are complicated and strictly enforced by the courts. If you think you have a valid claim, consult with one of our Glendale elder care abuse attorney as soon as possible.
An Glendale elder care abuse attorney can help you review your case and explain the steps that must be taken in order to bring action against the person, nursing home, rehabilitation center, or elder care facility. Speak to one of our Los Angeles personal injury lawyers experienced with elder abuse and nursing home negligence cases. We offer a free consultation and case review. Call our office at (310) 943-1171, our attorneys speak English, French, Spanish, Russian, Armenian, and Italian.
The California Welfare And Institutions Code §15600 provides legal protection and recourse for elderly who have suffered abuse under the Elder Abuse And Dependent Adult Civil Protection Act and provides that: (a) The Legislature recognizes that elders and dependent adults may be subjected to abuse, neglect, or abandonment and that this state has a responsibility to protect these persons. (b) The Legislature further recognizes that a significant number of these persons are elderly. The Legislature desires to direct special attention to the needs and problems of elderly persons, recognizing that these persons constitute a significant and identifiable segment of the population and that they are more subject to risks of abuse, neglect, and abandonment. (c) The Legislature further recognizes that a significant number of these persons have developmental disabilities and that mental and verbal limitations often leave them vulnerable to abuse and incapable of asking for help and protection. (d) The Legislature recognizes that most elders and dependent adults who are at the greatest risk of abuse, neglect, or abandonment by their families or caretakers suffer physical impairments and other poor health that place them in a dependent and vulnerable position. (e) The Legislature further recognizes that factors which contribute to abuse, neglect, or abandonment of elders and dependent adults are economic instability of the family, resentment of caretaker responsibilities, stress on the caretaker, and abuse by the caretaker of drugs or alcohol. (f) The Legislature declares that this state shall foster and promote community services for the economic, social, and personal well-being of its citizens in order to protect those persons described in this section. (g) The Legislature further declares that uniform state guidelines, which specify when county adult protective service agencies are to investigate allegations of abuse of elders and dependent adults and the appropriate role of local law enforcement is necessary in order to ensure that a minimum level of protection is provided to elders and dependent adults in each county.