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Attention always competes for multiple inputs with smart devices and, along with text messages, emails, and calls coming in. With technology comes convenience, but there is no doubt that it has elevated the level of distracted driving on our roads. California as a state has had its fair share of accidents since people are not mindful of their surroundings while driving. Assembly Bill Number 47 (AB 47) marks an important development in California's longstanding battle with distracted driving. At KAASS LAW, we cover cases of distracted driving and legal disputes related to it. Additionally, at the same time, we are advocates for road safety. The following will shine a light on AB 47 and what it means for drivers in California.
Ignoring the issue of distracted driving is closer to ignoring danger altogether; it accounts for a large number of road traffic accidents, injuries, and deaths. People are so wired up to their phones that all the actions listed above are deemed socially acceptable. All of these interfere with reactions, the ability to focus, and attention. Each one of them is bound to increase the time taken to respond to changes on the road. Given the seriousness of the problem, lawmakers in California have always been in search of ways to encourage people to consider relinquishing their stranglehold on distractions when driving.
Assembly Bill Number 47, signed into law, specifically targets repeat offenders of California's hands-free cell phone law. While the state already prohibits holding and using a cell phone while driving (with limited exceptions), AB 47 aims to increase the penalties for drivers who repeatedly violate this law within a 36-month period.
AB 47 underscores the seriousness with which California views distracted driving. It sends a strong message that repeated violations of the hands-free law will not be tolerated and will have tangible consequences for a driver's record and driving privileges. This law has several important implications:
While AB 47 specifically targets handheld cell phone use, it's crucial to remember that distracted driving has a range. Any action that diverts a driver's attention from the primary task of operating a vehicle safely can be dangerous. This includes:
While AB 47 focuses on handheld cell phones, drivers should be aware that engaging in other forms of reckless or negligent driving due to distraction can still lead to traffic tickets, accidents, and civil liability.
If you have been injured in a car accident caused by a distracted driver, you have the right to seek compensation for your injuries and losses. At KAASS LAW, serving various communities throughout California, our experienced personal injury attorneys can help you:
Alternatively, it is worth mentioning that distracted drivers are one of the most dangerous drivers for a motorist.
Mental health diversion is explained under Penal Code 1001.36. In California, a defendant is able to receive treatment if they suffer from a mental disorder. Therefore, people refer to this as a 'pretrial diversion'.
A pretrial diversion postpones a defendant from taking further action on their case so that they may participate in a mental health treatment program. Thus, this allows the defendant to attend treatment and avoid jail time.
The treatments that are available under the mental health diversion can be any of the following:
It is important to note that the judge must approve of the treatment plan the defendant wishes to receive prior to attending.
The treatment the defendant seeks can last anywhere up to two (2) years, which can be conducted either as an outpatient or inpatient treatment.
Governor Newsom signed Assembly Bill 1950 into law on September 30, 2020, significantly changing the length of probation for certain offenses. Under this law, the probationary period now caps at 1 year for most misdemeanors and 2 years for most felonies, reducing the time individuals remain under court supervision and limiting the risk of additional penalties for technical violations.
The key difference between misdemeanors and felonies lies in the severity of the penalties. A misdemeanor carries a maximum sentence of up to one year in county jail, while a felony involves a sentence of at least one year in state prison. In general, people view misdemeanors as less serious offenses with lighter consequences compared to felonies.
According to the language of Assembly Bill 1950, the cap on the probationary period for certain misdemeanors and felonies took effect on January 1, 2021. This means that as of that date, probation for qualifying offenses is limited to 1 year for misdemeanors and 2 years for felonies.
Assembly bill (AB) 3234 is a bill that was approved by the governor of California on September 30, 2020, which allows a judge to offer diversion on a criminal misdemeanor charge. This is similar to the existing law that expired in 2018. However, this new law allows a judge to consider diversion on misdemeanors charges not eligible under the prior law.
AB 3234 took effect on January 1, 2021.
Both informal and formal diversions exist on criminal matters.
In a criminal case, formal diversion occurs when the court provides the defendant the opportunity to complete terms of their probation. If the defendant successfully completes the terms of probation, the court dismisses the charges. However, the defendant may have to plead guilty to the crime they have been accused of.
Alternatively, an informal diversion continues a criminal case for the probationary period without entering any plea. The court requires the defendant to fulfill obligations during their probationary period. Should the defendant fulfill their obligations, the case will be dismissed.
Penal Code 25859 PC, makes it a crime to carry a loaded firearm in either a public place, on a public street, or in a vehicle in California.
Penal Code section 25859 PC is considered a misdemeanor. Penalties for carrying a loaded firearm conviction include:
Yes, carrying a loaded firearm may be charged as a felony, should any of the following occur:
Penalities for a carrying a loaded firearm felony charges include:
Miranda warnings are an individual’s constitutional right that protects them against being forced to incriminate themselves. This law is derived from Miranda v. Arizona. The court ruled that the 5th Amendment privilege against self-incrimination is intended to protect individuals from being forced to incriminate themselves.
Miranda warnings are the notification given by a police officer to a defendant once they are:
An individual will know they have been provided their Miranda warning when a police officer states the following: “you have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read you? With these rights in mind, do you wish to speak to me?” This is also referred to as being “Mirandized.”
An individual will be Mirandized when the following two things occur:
Harvey waiver is a rule that came out of the court case People v. Harvey (1975) 25 Cal.3d 754. The court ruled that facts supporting charges which are dismissed may not be used to impose sentencing consequences unless the parties waive this right. In other words, a Harvey waiver is a stipulation or agreement, by a defendant that any charges dismissed in his case can be considered against him at sentencing.
Harvey waiver applies to criminal cases. Although a defendant’s charges will be dismissed, under Harvey waiver, charges will be considered against him or her during sentencing. Sentencing is a form of a criminal hearing in which the judge enforces penalties on the defendant who has been convicted of a crime.
Harvey waiver applies to a restitution hearing since the defendant’s charges, though otherwise dismissed, will be used to determine the following:
However, in some cases, restitution may be provided at the beginning rather than at the end of a criminal matter. Should this occur, a civil compromise is conducted in that the judge can dismiss the defendant’s criminal charge once they have compensated the victims for any damages caused due to the crime.
The State of California has fair, but strict gun laws and isn't lax on gun control regulations. For reference, Proposition 63 was passed in 2016, which further strengthened these regulations by mandating background checks for all ammunition purchases. As a result, the purpose of this pass was meant to close a perceived loophole. To expand, this loophole in question was allowing individuals, who were prohibited from owning firearms, had the ability to purchase and acquire ammunition. Understanding the intricacies of Proposition 63 is crucial for gun owners, ammunition vendors, and anyone concerned with firearm safety in California. At KAASS LAW, serving California, we aim to provide clarity on this significant piece of legislation and its implications.
Proposition 63, " is a safety-for-all-all initiative to keep guns and ammo out of the hands of violent offenders. The law attempts to close gaps to prevent the mentally ill and dangerous criminals from obtaining guns by strengthening background checks. The law also requires defendants to relinquish all firearms in their possession and/or control upon conviction". Prior to its passing, advocates of Proposition 63 argued that this created a dangerous loophole for allowing individuals who were legally barred from owning guns to easily obtain ammunition. Therefore, the initiative went ahead and rectified this by extending the existing background check system to all ammunition sales, thereby enhancing public safety.
According to California Penal Code Section 459.5, shoplifting is entering a commercial establishment during regular working hours, with the intent to commit larceny, where the value won’t exceed $950.
To be convicted of 459.5 PC shoplifting, the prosecutor must establish that the defendant:
Penalties for a misdemeanor shoplifting conviction include:
The defendant may also serve probation time of up to 3 years while participating in community service.
Penalties for a felony shoplifting conviction include:
This program provides individuals who live in their vehicles with a safe space to park and sleep overnight.
Safe parking is available in the neighborhoods such as Reseda, East Hollywood, Echo Park, Downtown Los Angeles, Melrose Hill, Sawtelle, Westchester, Culver City, and West Los Angeles.
The program provides the following to those who qualify for the program:
To sign up to participate in this program, an individual must fill out a form called the interest form. This form asks general questions such as the applicant’s name, date of birth, gender, ethnicity, as well as the location preferred to be in. Once the interest form is complete, the applicant will also need to provide vehicle registration, insurance, and a driver’s license. This can be accomplished by filling out the vehicle form.
If and when a defendant successfully completes their treatment, their criminal charges will be dismissed and will be as though the defendant had never been arrested to begin with. Furthermore, their record of the arrest will be sealed.
If the defendant fails to complete their treatment plan, the court will reinstate their criminal charges. In other words, the criminal charges pending before the defendant may not be dropped and the defendant’s case may proceed forward.
Some examples of why a defendant may fail to complete a treatment plan include:
Defendants who qualify for mental health diversion must meet the following conditions:
The following list includes examples of violations ineligible for mental health diversion:
The Mental Health Diversion Program offers a unique opportunity to avoid criminal penalties. Instead, defendants undergo treatment. It is important to note, however, that the program has strict requirements and limitations.
Mental health professionals play a critical role in the mental health diversion process. Based on their evaluation, the court decides whether the defendant can participate in the program. Experts:
It is important, however, that the expert's opinion confirms that treatment will be beneficial.
After a defendant begins a mental health treatment program, the court and other agencies continue to monitor the defendant's condition. This includes:
If the treatment does not produce the expected results, the court may decide to reopen the criminal case.
In order for a defendant to participate in the program, he or she must meet a number of conditions. It is necessary that the mental illness affect the defendant's behavior at the time of the offense. It is also important that the defendant agree to participate in treatment and waive the right to a speedy trial.
There are times when a defendant may not complete the program. This can happen if the professionals feel that the defendant's efforts are not sufficient. In addition, if the defendant re-offends, the program may be terminated and the criminal case reopened.
If you or someone you know has been charged with a crime eligible for a mental health diversion, contact KAASS LAW at (310) 943-1171 for a free consultation. Our attorneys will evaluate the details of your case and let you know what to expect and how you can proceed.
A mental health diversion program offers a chance for rehabilitation rather than punishment. This can be vital for people suffering from mental illness. However, participation in the program requires responsibility and a willingness to comply with all conditions. It is important to remember that this opportunity is not available to everyone and requires a professional evaluation of the defendant's condition. If you or a loved one is facing charges and believe you may be eligible for the Mental Health Diversion Program, contact KAASS LAW. Our experts will evaluate all the circumstances of your case and help you determine the best course of action. Call 844-522-7752 for a free consultation. https://www.youtube.com/watch?v=eU04weKKtjA
Assembly Bill 1950 excludes the following violations from its impact:
A mandatory probation period is a term that accompanies certain misdemeanors and felonies. In other words, some misdemeanors and felonies include a mandatory length for probations within the sentencing provisions. Examples of this include domestic violence charges or Driving Under the Influence (DUI) offenses. Thus, these charges do not qualify for a shorter length for probation under the terms of the bill.
A violent offense includes charges such as those for child abuse, domestic violence, domestic abuse, felony assault, assault with a deadly weapon, murder, and arson. Thus, the law considers these charges serious and excludes them from qualifying for a shorter probation period under the bill.
Charges of a felony financial offense include theft, embezzlement, and fraud. Therefore, these charges, as a result, do not qualify for a shorter probation period under the terms of the bill.
Reducing the length of probation reduces the likelihood of recidivism, allowing defendants to:
Reducing probation limits the number of offenses that previously triggered additional penalties, such as incarceration. This change allows individuals to avoid harsh consequences for minor violations and supports a more rehabilitative approach to sentencing.
Reducing standard probation terms also reduces the burden on the court system and probation services. Services will now be able to focus on supervising those who truly pose a threat to public safety. This will allow for more efficient use of state resources and focus on those in need of intensive support and supervision.
Individuals sentenced before January 1, 2021 may also benefit from the provisions of AB 1950. They will be able to petition for a review of their probation. While the law does not automatically apply to past cases, a defendant can ask the court to reduce probation under the new rules. It is critical to have the assistance of a qualified criminal defense attorney who can properly prepare the paperwork.
Despite the benefits, it is important to keep in mind that not all crimes fall under AB 1950. If the judgment states that the sentence includes mandatory probation, the court is precluded from reducing the probationary period. Therefore, it is important to carefully analyze each individual case.
If you or someone you know has been charged with a misdemeanor or felony that may qualify for a shorter probationary period, contact KAASS LAW at (310) 943-1171 for a free consultation. Our attorneys will evaluate the details of your case and let you know what to expect and how you can proceed. https://youtu.be/44V-YGHbNg0
Assembly bill 3234 allows a judge to do the following, even if objected to by the prosecuting agency:
The following types of misdemeanor charges qualify under Assembly Bill 3234:
Violent offenses include charges such as those for child abuse, domestic violence, domestic abuse, felony assault, assault with a deadly weapon, murder, and arson. Thus, the law considers these charges serious and excludes them from qualifying for diversion.
The following misdemeanor charges do not qualify for diversion under Assembly Bill 3234;
Another change associated with the passing of AB 3234 is that now individuals are eligible for the Elderly Parole Program at the age of 50 rather than 60 years old. This would apply after a minimum of 20 years of continuous incarceration rather than 25 years of continuous incarceration.
If you or someone you know has been charged with a misdemeanor that may qualify for a diversion, contact KAASS LAW at (310) 943-1171 for a free consultation. Our attorneys will evaluate the details of your case and let you know what to expect and how you can proceed.
Assembly Bill 3234 offers significant benefits to those facing criminal charges for the crime of sabotage. A diversion program allows a defendant to avoid criminal penalties and have a chance at rehabilitation. But only if certain conditions are met. Participation in the program can significantly improve a defendant's future. Especially when it comes to low-level offenses.
In order for a defendant to qualify for diversion, his or her case must meet a number of requirements. 1. The offense must be a misdemeanor. It must not involve violence. For example, it could be a misdemeanor drug offense or a traffic violation. 2. The defendant must agree to the terms of the program. For example: perform community service, participate in substance abuse treatment programs.
Under Assembly Bill 3234, the court can give the defendant up to 24 months to comply with the terms of the program. This gives the defendant an opportunity to:
Assembly Bill 3234 provides important options for people facing low-level offenses. They can choose a diversion program and avoid serious consequences to their lives. However, the program is only available to those whose crimes are non-violent and serious. If you or a loved one is facing charges that may qualify for diversion under this law, contact KAASS LAW. our attorneys can evaluate your situation and offer the best possible solution. Call us at 844-522-7752 for a free consultation.
A firearm is defined as, "any device designed to be used as a weapon and from which a bullet is discharged through a barrel by an explosion". Common examples of firearms include:
The law in California deems a loaded firearm if the firearm:
An defendant that has been convicted of felony possession of a loaded firearm is prohibited from acquiring or possessing a gun in California. In other words, an individual will lose their rights to own and possess a firearm.
Yes, in some instances, there are exemptions that make it legal to carry a loaded firearm. These exemptions include:
If you or someone you know has been charged with carrying a loaded firearm, contact our Los Angeles criminal defense attorneys at (310) 943-1171 for a free consultation. Our attorneys will evaluate the details of your case and let you know what to expect and how you can proceed.
cannot ask the individual any questions such as about their name and address. It is important to note that even if an individual is in police custody, they may still not be given Miranda warnings unless police officers intend to ask incriminating questions from the individual.
Deciding to wave Miranda rights is tricky. Once a police officer Mirandizes an individual, that individual has the right to remain silent. However, if the defendant choices to speak to the police, the individual is deemed to have waived his/her right. Should an individual choose to waive their right, they should be very careful as to what they tell the police officer without their attorney present. Typically, police officers are looking for specific information from the suspect so as to assess whether the suspect will agree to specific facts or not. Although an individual may believe they have not done anything wrong, speaking to a police officer openly and without an attorney present may lead to stating things that can be taken out of context that may ultimately lead to the individual being charged with a crime.
Miranda warnings do not work the same for DUI arrests. This is because a police officer does not necessarily have to provide the individual with Miranda warnings since the police officer may have enough evidence (i.e. from the way the individual was driving or from the smell of alcohol on their breath) to justify the DUI arrest without interrogating them.
If you or someone you know has been arrested without proper Miranda rights given, contacting Los Angeles Criminal Defense Attorneys at KAASS Law at (310) 943.1171 for a free consultation.
A restitution hearing is a hearing that occurs in a criminal case. The court determines how much the defendant should pay the victims that have been harmed as a result of the crime committed by the defendant. Thus, the court will order the defendant to pay the restitution.
Under California Penal Code Sections 1377 and 1378, a civil compromise is a method that allows people charged with misdemeanors to have their cases dismissed after compensating the victims for the caused damages.
Under California law, victims are entitled to recover the full amount for any reasonable loss or expense. However, if the full amount for restitution is not known at the time of the defendant’s sentencing, the judge can include a provision that the victim compensation will be ordered based on the amount “to be determined.”
The difference between a restitution order and a restitution fine is:
The California Victim Compensation Board is a program that can help pay bills and expenses that result from violent crime. Additionally, victim compensation directly reimburses victims who face expenses that resulted from the crimes committed against them. These expenses may include but are not limited to, medical costs or lost wages.
For more information about how Harvey waiver can affect your case, schedule a consultation by contacting Los Angeles Criminal Defense Attorneys at KAASS Law at (310) 943.1171.
Prop 63 brought several key requirements for ammunition purchases in CA, such as:
Since then, there have been several significant impacts due to the passing of the prop. For starters, there has been an increased scrutiny on ammo purchases that some gun owners have been arguing. This vetting process has been challenging for gun owners and a burden on Vendors. Additionally, Proposition 63 has been subject to legal challenges, with arguments raised regarding its constitutionality and impact on Second Amendment rights.
California's gun laws, including Proposition 63, can be complex and challenging to navigate. At KAASS LAW, serving California, we provide legal guidance and representation to individuals and businesses dealing with firearms-related issues. Our services include:
At KAASS LAW, we believe that Proposition 63 represents a major importance of California's attempt in regulating firearms and ammunition. Whether you're a gun owner, an ammunition vendor, or simply a concerned citizen, understanding these laws is extremely important for everyone. Give us a call or contact us to your convenient preference. Our team from KAASS LAW can help and provide some type legal service and or help. Alternatively, we can also offer guidance and help navigating on understanding if you're allowed to carry a weapon in public.
Penal Code section specifically requires, “entering a commercial establishment during regular business hours, with the intent to commit larceny.” The "intent" is a critical aspect of this charge. This means that the defendant must have intended to take the property. As such, if the defendant mistakenly walked out with the property, the "intent" element is not satisfied.
The prosecutor must be able to prove that the defendant was present at the time the merchandise was stolen and was the cause of the incident. Usually, this information is provided by merchants and eyewitnesses and that were present at that time.
Under California law, if the shoplifter agreed to repay the owner of the business for all losses or damages a civil compromise can be redefined.
The defendant may be prone to some forms of police misconduct including:
If you or a loved one has been charged with Penal Code Section 459.5 Shoplifting, we invite you to contact our Los Angeles criminal defense attorney at (310) 943-1171 for a free consultation.
The primary eligibility for enrollment for Safe Parking are:
As mentioned, an individual interested in the Safe Parking Program also needs to fill out both an interest and vehicle form, which can be found here:
Safe Parking may be available to the following individuals: