In California, when a spouse dies, the surviving spouse generally has the right to transfer assets and property in their name but there are exceptions. First, the surviving spouse would need a certified copy of your spouse's death certificate and certificates of marriage to show that you married the deceased.
Does a Surviving Spouse Automatically Inherit Everything in California?
California is a community property state, as such upon the death of a spouse, the surviving spouse is entitled to one-half of the community property. Pursuant to California Family Code section 760, community property is defined as “all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in the state.” At the end of a divorce, community property is generally split 50/50.
What Happens If My Spouse Dies Without a Will or Trust in California?
In California, if a spouse dies intestate, meaning there is no will or trust, then surviving spouses may inherit half of the community property, as well as, one-half of the deceased spouse's separate property.
Can You Disinherit a Spouse in California?
In California you generally cannot disinherit a spouse unless, your spouse waived such rights to inherit from you in a valid, signed agreement, known as a "pre-marital agreement".
California Probate Attorney
For more information regarding the rights of a surviving spouse or probate in California, we invite you to contact a California probate attorney at KAASS LAW today at (310) 943-1171.
Creditor creates a judgment liens on real property by registering an abstract of a money judgment with the county registrar. It can apply to real or personal property, including jewels, art, antiques, and other valuables.
How to Create a Judgment Lien?
California law regulates the lien judgment. A title search revealing a judgment lien means the judgment creditor has registered a Judgment Abstract in the debtor's district.
How to Obtain a Judgment Lien in California?
To get the debtor's judgment on California property, a creditor must mail or take the Abstract of Judgment to the county registrar's office in any California county where the debtor currently owns property or plans to own property in the future. An abstract of judgment is a written summary of a judgment, showing the amount the losing party pays to the winner, the interest rate, court costs, and any special orders to follow. If the lien will attach to personal property, the creditor must file the Abstract of Judgment notice with the California Secretary of State. The lender may also notify the debtor of an examination.
Protection of minor's rights has always been one of the most important goals in any democratic society. Besides insurance of minor's rights, it has also been essential to criminalize and punish perpetrators of sexual abuse. Penal Code defines various types of sexual abuse of minors, including aggravated sexual assault of a child under Penal Code section 239 PC.
What is Considered an Aggravated Sexual Assault of a Child?
The crime defines committing "a certain offense" against a child. Special elements must exist to criminalize the action as aggravated sexual assault of a child. First is the age of the minor- the latter shall be under the age of 14. It means that children aged 14 or older cannot qualify as victims under this section. The second element is the age difference between the perpetrator and the victim. Under Penal Code section 239 the victim shall be seven or more years younger than the perpetrator. If this element is absent, the action will not qualify as aggravated sexual assault of a child. The third is the commitment of “the certain offense”. Not any sexual abuse of a minor under the age of 14 and with 7 or more years of age difference with the perpetrator shall fall under section 239. The listed crimes are rape, sodomy, oral copulation, and sexual penetration. Assaulting a child under Penal Code section 240 removes the third element since it’s not a “certain offense.”
What Actions Criminalize Under Penal Code 20410 PC??
Pursuant to Penal Code 20410 PC it is unlawful to:
manufacture any belt buckle knives;
causes manufacturing;
import any belt buckle knife;
sell belt buckle knives;
give or lend any belt buckle knife; or
posses any bely buckle knife
Examples of Violating Penal Code 20410
Let’s examine the following scenario: Your friend gives his belt buckle knife to you in order to keep it in your house for 4 days. You are aware of what the instrument it is. Since, you knowingly agree to keep the belt buckle knife, this means that the item is in your possession and that you have control over it. Thus, authorities may charge you under Penal Code section 20410 PC.
Description of Belt Buckle Knife
California law prohibits weapons such as wallet guns, firearms mounted or enclosed in a case, lipstick case knives, knives in lipstick cases, and belt buckle knives. Under the above-mentioned section, a belt buckle knife is " a knife, which is an integral part of a belt buckle and consists of a blade with a length of at least two and one-half inches. Generally, the law allows certain people, such as law enforcement officers or antique dealers, to possess belt buckle knives.
In order to understand the limitations of the law, it is essential to first understand what is an imitation or fake firearm. The imitation firearm is described to be a device, a toy gun, a replica of a firearm that is
substantially similar to a real firearm;
the similarity is revealed usually on the basis of similar colors and overall appearance, and
the similarity shall cause a reasonable person to believe that the firearm was real.
Thus, this is a device that looks really similar to a real firearm and can make the person believe and fear its harm.
Penal Code 417.4 Brandishing an Imitation Firearm in California
Penal Code 417.4 PC is the California makes it a crime for a person to: (1) draw or brandish an imitation firearm in a threatening manner; (2) such that it causes a person to fear bodily harm for himself or another person; and (3) it was reasonable to fear the harm. To convict a defendant for brandishing a weapon or firearm under Penal Code 517.4, the prosecutor must be able to establish the following:
Bump stocks laws are considered to be illegal both under federal law since March 2019 and under California law.
What is a Bump Stock?
A bump stock is described as:
a "multiburst trigger activator" which increases the rate at which semi-automatic rifles fire;
a firearm modification, which modifies semi-automatic rifles so they can fire shots continuously as long as the shooter keeps the rifle against his or her shoulder.
Thus, with the help of a bump stock, a shooter can shoot almost as fast as in case he uses an automatic firearm. Though it shall also be noted, that bump stocks do not convert semi-automatic guns into automatic ones.
What Actions are Illegal Under Penal Code 32900?
The actions, which are considered illegal, are the following ones:
manufacturing or causing to be manufactured of the bump stocks
In order to prevent the commitment of new possible crimes in custodial facilities. California Law criminalizes actions of bringing contraband to those facilities. Penal Code 4373.5 PC defines it as a felony to bring contraband into a state prison, prison farm, prison camp, or other custodial facilities where authorities hold prisoners. This applies to any manner, shape, form, dispenser, container, or instrument for injection without proper authority under the facility's rules.
What is "Contraband" as Defined in Penal Code 4373.5?
Contraband, under Penal code section 4373.5 PC, are alcoholic beverages and drugs other than controlled substances. Examples of such drugs can be cough and cold medicines, pain relievers, cough suppressants, etc., as well as medication prescribed to treat different medical conditions, such as infections, diabetes.
What is Essential to Consider While Criminalizing Actions Under PC Section 4373.5?
The main element of the crime is the intent of the person to commit it, in other words, the person shall knowingly bring the contraband to the jail. Let’s consider this example. You bring clothes to the jail, however before you reach the place, someone drops off a small bottle of vodka into the box with clothes. In case you can prove that you were not aware of how the bottle of vodka can appear in her box with clothes, you can be released from punishment. It shall also be considered that prohibitions and sanctions shall be clearly posted near and outside of the detention facilities.
DUI means driving under the influence of alcohol or any substance that impairs one’s ability to drive.
What Happens to First-Time Offenders?
A first time offender is someone who has never received a DUI in the past ten years. Should you face a first-time DUI charge in California, you likely face a misdemeanor charge punishable by 3 to 5 years of probation and up to $1,000 in fines. You will also likely have your driver’s license suspended and need to take rehabilitation classes, such as DUI school.
What Happens After Receiving a DUI?
Once you are arrested for a DUI, you will face a criminal trial and/or a DMV hearing.
Criminal Trial
Here, the prosecutor has discretion as to whether to charge the defendant as well as on what and on how many counts. Keep in mind that a criminal charge is difference from a DMV hearing in that criminal court is mandatory. In other words, it is important that the defendant be present for the entirety of their criminal case.
The Vehicle Identification Number (VIN) permanently identifies the vehicle on the road. It can be both a motor number, a serial number, or other distinguishing information. Its main purpose is a registration of the motor vehicle in the Department of Motor Vehicles, DMV, or its tracking. The VIN usually appears in visible places on the motor vehicle, such as a metal plate attached to the dashboard, and in hidden locations like the engine frame. California law makes it a crime to intentionally or knowingly alter or destroy a vehicle identification number (VIN) or misrepresent the vehicle's identity for selling or transferring it.
Vehicle Code section 10802 Tampering with a Vehicle Identification Number (VIN)
California Law criminalizes several actions that aim to hide or destroy VIN for different purposes. This article will examine California Vehicle Code section 10802 tampering with a Vehicle Identification Number (VIN).
What Actions are Prohibited Under Vehicle Code Section 10802?
To charge the defendant for violating VC section 10802, the prosecutor must prove beyond a reasonable doubt that the defendant committed the following actions with the VIN: The defendant (1) knowingly altered, destroyed, disguised, falsified, forged, removed, defaced, or counterfeited a VIN; (2) with the intent to: misrepresent the identity of, or prevent the identification of a motor vehicle or motor vehicle part; (3) for the purpose of: transfer, sale, import or export.
Road debris accidents occur when objects that don't belong on the road cause harm. Road debris can result from any number of sources, both vehicular and non-vehicular. Examples include:
Tire that fell off of a truck
Cardboard box
Tree branch
Mattress
Loose/broken car part
Road debris is hazardous to drivers, cyclists, and even pedestrians. Accidents caused by road debris usually happen when a driver hits the object itself, or when a driver swerves to avoid the object and hits another vehicle or another object.
How is Fault Determined for Road Debris Accident?
A few questions to ask that can help determine who is at fault for a road debris accident are:
What type of debris is it?
Where is it?
How did it get there?
How long has it been there?
Who’s jurisdiction is the road?
Did the road hazard cause the damages?
When an object falls off of a vehicle and into the road, the driver often does not notice and immediately drives away, making it difficult to assign blame to the party who dumped the debris.
A property lien in California can remain in the possession of property or personal property for up to 10 years, even when the property is not the property of the debtor. In addition, before it expires, a creditor should renew the lien. When the lien expires, it is no longer compulsory and the lender can not get the cash. You cannot renew the lien for 5 years after renewing it. Make sure to renew the lien in California every 10 years before the estate decision ends. A creditor must remember that several variables affect the ability to collect under a judgment lien. This involves a fixed amount that the creditor can not touch if the attached property is the debtor's primary residence, other replaceable liabilities, and bankruptcy or foreclosure proceedings.
How is a Judgment Lien Satisfied in California?
If the Judgment is still in effect, there is usually only one way to release the lien of decision, and that is through Judgment Satisfaction. The lender of the judgment must record a Judgment Satisfaction or alternative type of lien discharge. In California, there is no statutory right to introduce a motion to terminate the Judgment Abstract. KAASS LAW helps you create, renew, and satisfy judgment liens in California.
What Are the Restrictions on Judgment Liens in California?
Judgment liens in California place restrictions on foreclosures. However, they do not always guarantee collection of the debt. For example, if a mortgage already encumbers the property, a judgment lien holds lower priority. It cannot be discharged until senior creditors are satisfied. In addition, if the debtor files for bankruptcy, the court may stay the lien. Or cancel it as part of a debt relief proceeding. If the property is owned by more than one person, the judgment lien may only attach to the debtor's interest. This limits your ability to collect. Especially if the other owners oppose a foreclosure sale.
How Does a Judgment Lien Affect The Sale of Real Estate?
The presence of a judgment lien significantly reduces the likelihood of a successful sale of a property. Buyers typically avoid purchasing a foreclosed property because of the legal risks involved. When a sale is completed, the lien must:
either be extinguished
the buyer must agree to purchase the property with the existing lien
If the debtor decides to sell the property, the proceeds of the sale must be used to pay off the judgment lien. The provisions of the California Code of Civil Procedure govern this.
How Can a Judgment Lien be Removed?
The debtor can remove a judgment lien only after fully paying the amount specified in the writ of execution or obtaining a court order. After receiving the full amount owed, the creditor must file an acknowledgment of satisfaction of the judgment. Without this record, even if the debt is actually paid, the lien will remain in the system. And while it is in the system, it will restrict the disposition of the property. If the creditor fails to file a notice of discharge, the debtor has the right to go to court. With a motion to compulsorily remove the lien.
Contact KAASS LAW
If you are a creditor seeking to:
enforce
extend
remove the lien
Or a debtor who wants to get rid of a wrongful or overdue encumbrance, the specialists at KAASS LAW are ready to help. We provide qualified legal assistance at every stage of the process. Call us at (310) 943-1171 or visit our Glendale office for a free consultation and evaluation of your situation.
What are the Penalties for a Penal Code 239 PC Conviction?
California punishes aggravated sexual assault of a child as a felony with a minimum sentence of 15 years to life in state prison. The criminal can also face consecutive prison terms, which means that the latter can face sentences under section 239 back to back. A Penal Code 239 PC conviction also requires registering as a sex offender.
Negative Consequence of Being Required to Registrar as Sex Offender
Besides the negative reaction of the society and public contempt and hatred, registration as a sex offender interferes with several rights of a person such as the right of freedom of movement, right to privacy, right to work, and several other protected rights by the Constitution. Each State in the US has its separate database for registration of the sex offenders. This means that in case the sex offender changes the state where he lives, he shall each time register in the database of the state he moved to and become subject of legislation of that state concerning sex offenders. Thus, relocation to a new state will not help to avoid the consequences of such registration. The sex offender can also face difficulties in employment. After conviction, there can be limitations to work in certain places which are near schools or kindergartens.
California's Jessica's Law
In 2006, California adopted "Jessica's Law", a ballot initiative that prohibits registered sex offenders from living within 2,000 feet of a school, park or similar location where children gather. As such, often times California registered sex offenders may have a difficult time finding suitable tenancy. Thus, besides long imprisonment, registration as a sex offender and remaining as it unless the court determines otherwise, can limit and restrict many of the rights of the offender and leave negative consequences in his life after conviction.
Long-term Legal and Social Consequences of a California Penal Code Section 239 Conviction
A conviction for aggravated sexual abuse of a child under California Penal Code Section 239 has serious and lasting consequences. Individuals found guilty are required to register with the state as sex offenders. However, the legal and social consequences do not end there 1. Registration as a sex offender significantly limits housing options. Under Jessica's Law, a person on the registry cannot live within 2,000 feet of where children are typically found. As a result, convicted offenders may be denied rental housing. Even in populated areas, it is extremely difficult to find housing. 2. Convicts face employment restrictions. For example, they cannot hold positions that involve working with minors. This includes positions in the following areas:
education
medicine
sports
The existence of a criminal record under article 239 automatically excludes the possibility of employment in government and licensed organizations. that require security clearance. 3. Registering as a sex offender makes it difficult to move to another state. Federal regulations require a registrant to re-register with the appropriate database in the new state within a specified time frame. Failure to do so may result in additional criminal liability. In summary, a conviction under Section 239 not only deprives one of liberty, but also comes with numerous consequences. which limit basic constitutional rights and make further social rehabilitation much more difficult.
Aggravated Sexual Assault of Child Defense Attorney
If you or a loved one has been charged with Aggravated sexual assault of a child or other related crime, we invite you to contact KAASS LAW at (310) 943-1171 for a free constellation and case review.
What are the Penalties for a Penal Code 20410 Conviction?
The offense is a wobbler, meaning prosecutors can charge it as either a felony or a misdemeanor, depending on the case facts and the defendant's criminal history.
What are the Penalties for a Misdemeanor Penal Code 20410 Conviction?
Penalties for a misdemeanor Penal Code 20410 conviction are:
imprisonment in a county jail for a term up to 1 year; and/ or
a maximum fine of $1000.
What are the Penalties for a Felony Penal Code 20410 Conviction?
Penalties for a felony Penal code 20410 conviction are:
Imprisonment in a county jail for a term up to 3 years; and/ or
a maximum fine in the amount of $10,000
California Belt Buckle Knives Defense Attorney
If you or a loved one has been charged with violation of Penal Code section 20410 belt buckle knives, we invite you to contact KAASS LAW firm at (310) 943-1171 for a free consultation on your case and further assistance.
Possible Defenses Under Penal Code 20410 PC.
1. You Did Not Know You Were In Possession of a Buck Knife One of the most common defenses is lack of intent. For example, if the knife was built into a belt that was given to you and you were unaware of the presence of the blade. This could be grounds for dismissal of the charges. Under California law, intentional possession of a prohibited object is a required element of the crime. Thus, lack of knowledge of the nature of the object may be an effective line of defense. 2. You Are an Exception to the Law Certain categories of citizens, such as:
sworn law enforcement officers
antique dealers
persons authorized to possess certain weapons for educational or display purposes
May not be covered by this article. It is important to provide proof of your membership in one of these categories if you wish to use it as a defense. 3. Item Does Not Meet the Definition of a Switchblade Knife In order for an item to qualify as a switchblade, it must be part of a belt buckle and contain a blade that is at least two and a half inches in length. If the blade is shorter or the design is not integrated with the buckle, then the item does not meet the legal definition. The defense may be based on a technical examination of the article and its failure to meet the statutory definition.
Related Offenses
1. California Penal Code 21510 PC - Throwing Knife (Switchblade) This statute prohibits:
possession
sale
carry
Knives that open automatically by pressing a button or lever. Like a buckle knife, an ejector knife is considered a concealed and potentially dangerous weapon. A violation can also be classified as a misdemeanor with a penalty of up to one year in jail. 2. California Penal Code 20200 PC - Open Carry Exceptions Certain knives are permitted as long as they are carried openly, in a sheath on a belt. However, this rule excludes belt sheath knives, since the law defines them as concealed. 3. Legal Consequences of a Conviction under Article 20410 PC In addition to jail time and fines, a conviction under Article 20410 may have other legal and social consequences. Courts may consider your criminal record in future cases. A criminal record can also affect:
gun ownership
professional licenses
immigration status if you are not a U.S. citizen.
It is important to discuss all possible consequences with an experienced attorney.
Contact The KAASS LAW Law Firm
If you have been charged with a violation of California Penal Code 20410 PC, we strongly recommend that you consult with a qualified attorney. Contact KAASS LAW at (310) 943-1171 for a free consultation and analysis of your case. Our offices are located in Glendale and Los Angeles. We speak English, Russian, Armenian, Spanish, and French.
The defendant drew or exhibited a firearm or deadly weapon in the presence of someone else;
The defendant did so in a rude, angry or threatening manner;
or the defendant used the firearm or weapon in a fight or quarrel;
and the defendant did not act in self defense
Among the existence of the above mentioned elements, the prosecutor shall also prove that the person who draws an imitation firearm, does not act in self-defense or does not try to defend another person.
What are the Penalties for Brandishing a Imitation Firearm Penal Code 417.4 Conviction?
The penalties for brandishing an Imitation firearm in California misdemeanor offense. The penalties for a Penal code 417.4 conviction include:
imprisonment in a county jail for a term up to 30 days;
it is also possible to penalize a defendant with misdemeanor probation instead of jail time.
Other Negative Legal Consequences for Brandishing a Replica Firearm Penal Code 417.4 Conviction
Having a conviction of brandishing a replica/imitation firearm can also affect your career by causing non-pass of the background check in order to receive professional licenses such as a license to practice for such jobs as nurses, doctors, lawyers, teachers, etc. The conviction can also have negative effects on immigration cases and lead to denial of neutralization and, even, to deportation.
Possible Defenses for Penal Code Section 417.4 PC Offense
A possible defense for a Penal Code section 417.4 PC offense include the following:
The firearm was not brandished or used in a threatening manner. For example, you made a joke by showing an imitation firearm among your friends and this act cannot reasonably cause them to fear for themselves or third parties.
You acted in self-defense or you tried to defend another person by brandishing a firearm.
Related Offenses to Penal Code 417.4 PC Offense
Related offense to Penal Code section 417.4 PC offense include:
These are only several examples of defenses. However, it is better to apply to professional attorneys who will assist you to create the right defense technique for your individual case.
Los Angeles Criminal Defense Attorney
KAASS professional team is ready to give you a consultation and further assistance on your case. If you or someone you know have been charged with brandishing a weapon or firearm, it is critical that you consult with a Los Angeles Criminal Defense Attorney For more information about brandishing a weapon or firearm and schedule your free consultation, contact Los Angeles Criminal Defense Attorney at Kaass Law at (310) 943-1171. We are located at 815 E. Colorado Street Unit 220, Glendale, CA 91205 with additional offices in Los Angeles located at 633 West 5th St., 26th Floor, Los Angeles, CA 90071.
Additional Office Locations
KAASS LAW Woodland Hills Office 6320 Canoga Ave Woodland Hills, CA 91367 KAASS LAW San Bernardino Office 570 West 4th Street, #300, San Bernardino, CA 92401 KAASS LAW San Diego Office 4445 Eastgate Mall Suite 200, San Diego, CA 92121
Is Anyone Entitled to Legally Possess a Bump Stock?
There are a handful of people and or entities whom are legally allowed to possess a bump stock. The people and or entities whom are entitled to legally possess a bump stock include the following:
historical societies, museums, and people who sell bump stocks to them;
law enforcement bodies’ staff,
participants of different shows, videos, movies.
It is to be noted that those listed above must have a permit in order to have the right to possess bump stocks.
What Are the Penalties for Penal Code 32900 Conviction?
The offense is a wobbler offense, thus, depending on the facts and criminal history of the defendant, it can be charged either as a felony or a misdemeanor.
What are the Penalties for Penal Code 32900 Misdemeanor Conviction?
The penalties for a Penal Code 32900 misdemeanor conviction include imprisonment in a county jail for a term of up to one year.
What are the Penalties for Penal Code 32900 Felony Conviction?
The penalties for a Penal Code 32900 felony conviction include imprisonment in a county jail for 18 months to three years.
Is A Bump Stock Illegal Under Federal Law?
Since March 2019, bump stocks are considered to be a type of machine gun and are also illegal under Federal Law. Bump stock owners need to destroy them or transfer them to law enforcement agencies. Possessing a bump stock can lead to the following penalties under federal law:
imprisonment in federal prison for a term up to 10 years, and/or
a fine of up to 250.000$.
Common Defenses for Penal Code Section 32900
There are some common defenses for Penal Code section 32900, which are possible to use in order to avoid penalties. Examples of such are:
the defendant has a permit for a bump stock;
the defendant was not aware that the bump stock is under his possession.
Los Angeles Criminal Defense Attorney
If you or a loved one has been charged with Penal Code 16930 we invite you to contact our Los Angeles criminal defense attorney today at (310) 943-1171 for a free consolation and case review. We are located at 815 E. Colorado Street Unit 220, Glendale, CA 91205 with additional offices in Los Angeles located at 633 West 5th St., 26th Floor, Los Angeles, CA 90071.
Let’s consider the following scenario. You bring ibuprofen to your friend because you are aware that only this pain reliever is effective for him. Then, when charged for violation of Penal Code section 4373.5 PC, you claim that you were not aware that law prohibits bringing to jail this drug and you only had the intent to help your friend. You cannot rely on ignorance of the law because the rule and its sanctions exist outside the jail.
Penalties for Penal Code Section 4373.5 PC Conviction
You cannot rely on ignorance of the law because authorities wrote the rule and its sanctions outside the jail. It is punishable in state prison for 16 months or 2 years or 4 years, depending on the circumstances, as well as the criminal history of the person committing the violation. The judge can also award with a felony or formal probation.
Other Related Offenses
Another related offense is the violation of section 4573.6 of the California Penal Code. The section stands for bringing controlled substances to the prison, jail, any detention facility knowingly.
What is a Considered a Controlled Substance?
US "Controlled substances act" regulates the manufacture, possession of such controlled drugs. Examples of these are heroin, cocaine, or drugs similar to them. If the violation is charged as a felony and is punishable by imprisonment for up to 4 years in county jail.
Los Angeles Criminal Defense Attorney
If charged under Penal Code 4373.5 PC for bringing contraband into a jail or prison, consult a Los Angeles criminal California Penal Code 4373.5 PC makes it a felony to bring contraband into custodial facilities, aiming to prevent new crimes in jails and prisons.nal defense attorney. For more information contact Los Angeles Criminal Defense Attorney at KAASS LAW. (310) 943-1171 We are located at 815 E. Colorado Street Unit 220, Glendale, CA 91205. Additional offices in Los Angeles located at 633 West 5th St 26th Floor, Los Angeles, CA 90071.
Possible Defenses to a Charge of Violation of California Penal Code 4373.5
Despite the seriousness of the consequences, a defendant has the right to defend himself against the charges. Here are some possible legal strategies: 1. Lack of intent One of the key elements of the crime is the presence of intent to bring illegal substances or items into the prison. If the defense can prove that the defendant did not realize that the item was a prohibited item, this may be grounds for dismissing or reducing the charges. For example, if the defendant was carrying someone else's bag, was unaware of its contents, and had no intent to violate the law. 2. Failure to Give Notice of Prohibitions While ignorance of the law does not absolve one from liability, the defense may allege a lack of proper notice. The law requires that warnings of the prohibitions and possible penalties be posted in conspicuous places on the premises. Failure to post such notices may be used as a mitigating factor. 3. improper handling of evidence As in other criminal cases, any irregularities in the process of:
the gathering of evidence
searches
arrests
Can lead to the exclusion of evidence from the case. If the defense can prove that the contraband was seized as a result of an illegal search, it could have a significant impact on the outcome of the case.
Why It is Important to Contact an Attorney
Prosecuting these cases is complex and requires a professional approach. A violation of PC 4373.5 can result in lengthy incarceration and a criminal record that will affect:
employment
Immigration status
And other areas of life. If you or a loved one is facing charges under California Penal Code Section 4373.5 PC, it is important to consult with an experienced attorney immediately. The legal team at KAASS LAW is experienced in defending clients charged with smuggling into detention facilities and is prepared to provide a quality defense at all stages of the case.
A DMV hearing is separate from a criminal trial and is not automatic. The defendant may choose to request this hearing within the first ten (10) days from their arrest date should the defendant choose to challenge the automatic driver license suspension.
California Vehicle Code Section 23152(a)
Under this section, it is unlawful for a person under the influence of alcohol to drive. Prosecutors may charge the defendant for signs of intoxication, using circumstantial evidence like swerving, slurred speech, and failing the field sobriety test.
Possible Defenses to a California DUI Charge
A defendant may be able to counter a Vehicle Code Section 23152(a) charge by showing that the accident occurred for non-alcoholic reasons. Consider health conditions as well. For instance, a person who suffers from type 1 diabetes may be able to show that they were in fact experiencing an insulin shock or hypoglycemia and therefore why they showed similar symptoms such as dizziness, shakiness, confusion, and poor coordination.
Additional Consequences of a First DUI in California
While a first DUI offense is generally classified as a misdemeanor, it can have serious and lasting consequences. In addition to:
fines
probation
driver's license revocation
The court may impose additional requirements on the defendant. For example, it may be mandatory to attend an alcohol abuse program. As well as participation in community service. In addition, even a first DUI conviction can affect employment. Especially if the job involves driving or requires a professional license. Some employers conduct periodic criminal background checks. A DUI may affect the hiring decision.
Administrative and Civil Consequences
It is important to realize that a DUI has not only a criminal component, but also an administrative component. If you do not request a DMV hearing within 10 days, your license will be suspended. The length of this suspension can range from 4 to 10 months, depending on the specific circumstances. In certain cases, if the DUI resulted in an accident with injuries, it is possible to file a civil lawsuit. This may result in additional financial obligations, including compensation for damages and moral injury.
Aggravating Factors for a First Offense
Although this is a first offense, the court may increase the sentence if there are aggravating factors. Such circumstances include:
having passengers under the age of 14 in the vehicle
exceeding the legal blood alcohol limit
being involved in an accident resulting in bodily injury
refusing to submit to a breathalyzer test upon arrest
The presence of one or more of these factors may result in more severe penalties. These include:
longer imprisonment
Increased fines
mandatory installation of an IID, even on a first conviction
Why You Should Contact a DUI Lawyer
Many people believe that when it comes to a first offense, it is best to simply admit guilt and accept the punishment. However, this may be a mistake. There are several defenses available, including:
challenging the accuracy of the breathalyzer test
evidence of an improper stop by the police
medical or physiological reasons that affected the driver's behavior
failure of law enforcement officers to follow protocol
An experienced DUI lawyer can:
identify procedural errors
reduce charges
obtain a complete acquittal
Glendale DUI Attorney
The attorneys at KAASS LAW carefully analyze the circumstances of each case and build a defense strategy to protect their client's rights. If you are facing a first-time DUI charge in California, contact KAASS LAW at (310) 943-1171 for a free consultation. Our attorneys can help you understand the legal details and offer the best solution for your situation.
What are the Penalties for a Vehicle Code 10802 Conviction?
California Vehicle Code section 10802 is known as a "wobbler offense", as such, it can either a be charged as a misdemeanor or a felony. Penalties for a misdemeanor Vehicle Code section 10802 conviction will differ from a felony VC 10802 conviction.
Penalties for a Misdemeanor Vehicle Code section 10802 Conviction
A misdemeanor Vehicle Code section 10802 conviction carries the following penalties:
imprisonment in a county jail for a term up to one year; and/or
a fine in the amount of up to $1000
Penalties for a Felony Vehicle Code section 10802 Conviction
A felony Vehicle Code section 10802 conviction carries the following penalties:
imprisonment in a county jail for a term of 16 month, two year, or three years; and/or
a fine in the amount of up to $25000
The facts of the case and the offender's history generally decide the type of conviction.
What Are the Possible Defenses for a Vehicle Code Section 10802 Offense
Possible defenses for a vehicle code section 10802 offense may be
You Defaced the VIN Accidentally
For example, you wished to replace your dashboard and accidentally damaged the VIN. You can use this technique as a defense method since you had no intent or purpose to commit the violation described in section 10802.
Someone Has Previously Changed the VIN Prior to You Acquiring the Vehicle
You Didn't Alter the VIN so That it Could be Sold
For example, you tried to hide the stolen car, by damaging its VIN, though you did not have the purpose to export or to sell the car to a third party.
Experienced Criminal Defense Attorney in Glendale
If you or a loved one has been charged with VC 10802 we invite you to contact KAASS LAW today at (310) 943-1171, for a free consultation and case review.
Additional Consequences and Important Nuances
In addition to the basic penalties, a conviction under California Vehicle Code 10802 can have long-term consequences. For example, a criminal record can:
affect your reputation
make it more difficult to get a job, especially if it involves driving, logistics, or selling cars
If you are convicted of a felony, the consequences may include:
disqualification from owning firearms
difficulty obtaining
licenses restriction of immigration rights
Additional Circumstances Affecting the Classification of the Offense
The court and prosecutor may consider such factors as:
prior convictions
participation in an organized scheme to sell vehicles with counterfeit VINs
the number of altered or damaged vehicles or parts
If there is evidence of intent and purpose, such as selling cars with counterfeit plates, the act will almost always be classified as a felony.
Other Possible Defenses
In addition to lack of intent and prior VIN damage, defenses may include:
Inadequate evidence: if the prosecution cannot reliably prove that you personally damaged or altered the license plate
law enforcement misconduct in gathering evidence
procedural violation of the arrest or search
Why is It Important to Contact an Attorney?
Because VIN violations can be either accidental or the result of serious criminal schemes, it is important to have an experienced attorney. One who can protect your rights and obtain the most favorable outcome possible. The attorneys at KAASS LAW can help you understand the charges against you. They will evaluate the evidence and present possible defense strategies. If you or a loved one is facing charges under California Vehicle Code 10802, contact KAASS LAW. phone (310) 943-1171 for a free consultation and legal assistance.
In some cases, the government can take responsibility for the accident. If the public entity in charge of that road had proper notice of the road hazard, and had ample time to take measures to protect against the hazard and failed to do so, then they may be at fault.
How Can I Avoid a Road Debris Accident?
To avoid a road debris accident, one should always:
Stay alert while driving
Look ahead on the road
Use turn signals when changing lanes to avoid a road hazard
Keep a safe distance from the car in front of you
Adhere to all other traffic safety rules
However, identifying the at-fault party can be a difficult process, especially when the at-fault party leaves the scene of the accident. In such situations, it can be virtually impossible to find him or her. Nevertheless, victims can seek compensation through their insurance company or, if there is sufficient evidence, file a civil lawsuit.
Liability of Government Agencies
If the government knew about the hazard on the road but failed to fix it in time, it can be held liable. For example, if the highway department ignored complaints about litter on the highway, the victim can file a lawsuit against the city. It's important to keep in mind that filing a lawsuit against government agencies is often subject to strict deadlines. There are also specific procedural requirements. Therefore, it is important to contact an attorney early.
Impact of Litter on Traffic Accidents
Focus on data from the US National Highway Traffic Safety Administration (NHTSA). Every year, thousands of accidents are caused by litter on the roadways. These accidents can have very serious consequences. Such as:
Damage to vehicles
Serious personal injuries
Fatalities
Debris falling from trucks is particularly dangerous. Also, poorly secured objects on passenger vehicles. They can become an unexpected hazard at high speeds. The driver has only a fraction of a second to react to keep himself and his passengers alive.
In addition to the driver who directly collides with debris, other road users are often affected. For example, in an attempt to avoid hitting the object, the driver may swerve into the oncoming lane. He or she may hit a pedestrian or collide with another vehicle. Thus, one thrown object can cause a chain reaction and multiple lawsuits.
What Should I Do if I was Involved in a Road Debris Accident?
If you have been injured in a road debris accident, it is important to act quickly. It is recommended that you:
Document the accident scene with photos and videos
Obtain contact information for witnesses
Call the police and make sure a report is filed
Seek medical attention, even if injuries seem minor
Keep all medical records and bills
Consult with an experienced attorney
How KAASS LAW Can Help
The attorneys at KAASS LAW have extensive experience in car accident cases. We help clients deal with:
Complex legal issues
Negotiations with insurance companies
Representation in court
If you or a loved one has been injured in a litter accident, contact KAASS LAW at (310) 943-1171 for a free consultation. We will carefully review the circumstances of your case and recommend a strategy that is in your best interest. Our staff speaks Spanish, Armenian, Russian, and French.