Stay updated with the latest legal news, expert analysis, and firm updates from KAASS LAW.
Whether you're facing a legal challenge or seeking proactive counsel, our award-winning team is ready to defend your interests.
According to California Penal Code Section 236.1, the crime of human trafficking is depriving another person of his personal liberty with the specific intent to obtain forced labor or to violate California’s child pornography, California laws against extortion and blackmail or pimping and pandering laws; trying to persuade a minor to engage in commercial sex acts.
Prosecutor must prove the following elements for convicting a person under Penal Code 236.1(a):
Prosecutor must prove the following elements for convicting a person under Penal Code 236.1(b):
Prosecutor must prove the following elements for convicting a person under Penal Code 236.1(c):
To convict a person under Penal Code Section 236.1 the prosecutor has to prove that he deprived the victim of his personal liberty. However, in case the person can prove that the alleged victim willfully participated and there was no deprivation of personal liberty, he can’t be found guilty of this crime. In some human trafficking cases, a defendant can prove that the alleged victim made the accusation against him for motives of favorable treatment, out of anger, gaining sympathy, or jealously. If the defendant inflicted great bodily injury on a victim he will face an additional term of five, seven, or ten years in prison. In case the defendant had prior convictions for violating California Penal Code 236.1 he will face an additional prison term of five years for each prior violation.
Human trafficking charges can have devastating consequences, not only criminally, but also civilly. Even before a conviction, the accused may face problems such as:
If convicted, the offender must register as a sex offender. This will restrict his or her rights to residency, employment, and freedom of movement. The consequences are particularly severe if there are aggravating circumstances. Such as:
In addition to the mandatory prison sentence, a person may receive additional sentences. They are served consecutively, not concurrently. However, the accused has the right to a defense. Lawyers can challenge key elements of the crime. Such as:
In addition, if the victim committed perjury for personal motives, this can be used as a line of defense. Proper use of evidence and analysis of the client's intentions help attorneys build a strong defense strategy. Therefore, it is important to seek legal counsel as soon as possible. At KAASS LAW our experienced attorneys can help you with Penal code Section 236.1. Timely action can play a key role in a favorable outcome of the case.
In California, tenants have the right to live in a habitable environment. This requires the landlord to make any repairs to the property that make it uninhabitable. Landlords who rent uninhabitable and dilapidated properties to tenants are commonly called “slumlords.”
If the landlord refuses to correct the violations, the tenant has several legal options. However, before taking action, it is important to notify the landlord in writing of the problem. The notice should describe the problem and demand that it be corrected within a reasonable time. This is usually 30 days, but the time period is shortened if there is a health or safety hazard.
A bump stock is a modification to a firearm that manipulates the stock, trigger and grip on a semi-automatic rifle, using recoil to manipulate the trigger to fire at an accelerated rate of speed when held.
Bump stocks legally define as a “multiburst trigger activator” and can be one of two things:
This device replaces the stock on the firearm with a “reciprocating stock” that stays planted against your shoulder and firmly holding the barrel, the recoil of the firearm moves the trigger back and forth against the weight of your finger, mimicking the automatic rate of fire. Bump stocks were the famous modification used during the Las Vegas strip shooting in 2017. Penal Code 32900 forbids the use of “multiburst trigger activators” in California. California can prosecute possession of any accessory that increases the rate of fire for semi-automatic rifles as a misdemeanor or felony. What happens if you get caught with a bump stock in California? Despite the fact that bump stocks are banned by California state law, there are still detections of such devices in the possession of citizens. It is important to understand how the law works in these situations. Also important to know the consequences of possessing a bump stock. It is not uncommon for law enforcement to find such devices during a search. Or during an inspection related to other violations. However, even if a bump stock is found accidentally, the charges can be extremely serious.
Law enforcement and criminal justice agencies use CLETS, a computer network, to access a person’s criminal history, record, and driving information. Additionally, it helps track and verify vital details during investigations. Moreover, the FBI, DMV, and other government agencies maintain and update this database. California Law Enforcement Telecommunications System information is highly sensitive; therefore, only authorized personnel have access to it. Additionally, the database connects law enforcement agencies to:
These networks allow for all law enforcement agencies to have a way to communicate. Most police vehicles are equipped with a mobile data terminal that connects them to the CLETS network from the car.
California statute Penal Code 29800 makes it a felony offense for a convicted felon, or wanted felon, to be in possession of a firearm. 29800 PC states that “Any person who has been convicted of, or has an outstanding warrant for, a felony under the laws of the United States, the State of California, or any other state, government, or country…or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.” Under this statute, any person convicted or wanted for a felony offense, may not possess a firearm, or they will be in violation of Penal Code 29800.This statute also applies to individuals addicted to narcotic drugs and those with previous firearm offenses.
A polygraph test, also known as a lie detector test, lets the defendant undergo questioning and examination to determine if they are honest. This device watches for biological changes that indicate when a person lies and when they tell the truth. California law allows for the admission of a polygraph test in court when all parties consent to using it as evidence.
A polygraph is a device designed to detect signs of lying in a person. During the test, the polygraph records changes in biological indicators. Such as:
These changes can indicate the stress a person is under while lying. It should be noted, however, that the polygraph is not always accurate. Although often associated with reliability, polygraph results are not always admissible as evidence in a court of law. Polygraphs record changes in physiological indicators that can be caused not only by lying, but also by factors such as:
Toxic mold is a harmful fungus growing in homes, causing significant damage to property and health issues for residents. Mold tends to grow in places that have a buildup of moisture, where the fungi can live more easily. Properties that have poor air circulation, have a lack of ability to dry themselves, or those that are located in humid areas are most vulnerable to mold. Toxic mold can be visible to the human eye, but it also can accumulate inside walls or in hard-to-see areas. Some signs that your home contains mold include:
Letting mold accumulate, whether visible or invisible, will cause physical damage to your home. It can discolor surfaces, leave unpleasant odors, and most importantly, the existence of mold can allow for other types of fungi to live alongside it. This means your home will be vulnerable to structural damage and rotting of wood specifically.
In addition to being a risk to your property, toxic mold is also a serious health hazard to humans and animals. Less severe mold accumulation can cause flu or common cold-like symptoms, while severe cases can cause more dangerous health effects. Some of these include:
The Paycheck Protection Program is a government loan program established through the CARES Act for businesses who employ less than 500 people to gain assistance because of the impact of COVID-19. Small businesses are eligible for up to $10,000,000 to cover expenses such as payroll, mortgages, rent and utilities. The debt is forgivable if the money goes towards these “qualified expenses”.
Committing PPP loan fraud is to take advantage of the loan program and CARES Act by dishonestly obtaining money. You may face guilt of PPP loan fraud if you purposely obtain or attempt to obtain funds through the CARES Act.
California Penal Code section 270.1 (PC 270.1) states, “A parent or guardian of a pupil of six years of age or more who is in kindergarten or any of grades 1 to 8, inclusive, and who is subject to compulsory full-time education or compulsory continuation education, whose child is a chronic truant as defined in Section 48263.6 of the Education Code, who has failed to reasonably supervise and encourage the pupil’s school attendance, and who has been offered language accessible support services to address the pupil’s truancy, is guilty of a misdemeanor.”
Under some circumstances, parents can indeed face criminal charges if their child repeatedly does not attend school. For truancies to be a crime, you must meet 4 requirements:
This statute makes it a crime to violate a quarantine order placed due to a communicable disease or infection. This law directly applies to the current COVID-19 pandemic and stay-at-home orders passed by many leaders of the states. Any person who, after notice, violates, or who, upon the demand of any health officer refuses or neglects to conform to, any rule, order, or regulation prescribed by the department respecting a quarantine of disinfection of persons, animals, thing, or places, is guilty of a misdemeanor.
Violating HS 120275 is a misdemeanor as opposed to an infraction or felony. May result in:
In order to be convicted for violating this health and safety code, a prosecutor must prove that the defendant had notice of an order or rule regarding the quarantine from an infectious disease and that they wilfully disregarded the order. The purpose of quarantine is to achieve a certain level of disinfection. Under 120275, “disinfection” can include people, animals, things, or places.
It's important to remember. Consult an attorney before making any decision. Infringements may seem obvious, but only an expert can assess the chances of success. KAASS LAW will help you understand your rights and develop a competent defense strategy.
The law requires an owner of a rental property to make any repairs that would cause the property to be uninhabitable for any reason. California Civil Code section 1941.1 and section 1941.3 describes several requirements needed for a home to be habitable. They include:
A "nuisance" is something reasonably dangerous or obnoxious that the landlord allows on the premises. These nuisances do not necessarily have to be in a tenant’s living area; instead, they could be anywhere on the landlord’s property. For instance, some examples of this include:
A property owner does not have to repair damages that are too minor to affect the habitability of the home. For example, a leaky faucet may annoy a property owner, but it does not qualify as a characteristic of an uninhabitable home. Every rental contract is different, and it is common for an agreement to state that landlords must pay for minor repairs even if they do not legally interfere with a property’s habitability. Check your rental contract for special clauses that make the property owner cover repairs that are solely aesthetic.
This happens when the property’s habitability drops so low that the tenant has no choice but to move out. Some examples include:
If your landlord has constructively evicted you, you can recover damages for yourself and your belongings. Additionally, you may receive a refund for the rent you paid during the months you dealt with the issue. If your living conditions were so bad that you had to move out, it’s important to seek legal help to pursue financial compensation. KAASS LAW can provide expert legal assistance if you face uninhabitable living conditions.
There are many ways to fight against a Bump Stock charge. One defense is proving the defendant was in lawful possession of the bump stock. A defense could argue the defendant possessed the bump stock while taking it to law enforcement for disposal. Ignorance of possession or not being the owner of the bump stock also leaves room for charges to be dropped. One of the best defenses is through police misconduct. If law enforcement obtained the bump stock through illegal search, coerced confession, or planted evidence, the court may dismiss charges.
Bump Stocks do not convert semi-automatic rifles into automatic ones, although they allow a semi-automatic rifle to fire like an automatic one. Under federal law, Attorney General Mathew Whitaker signed a bill defining weapons with bump stocks as machine guns. You may however legally own a bump stock in California if:
If a person is charged with possession of a bump stock, the punishment will depend on the circumstances of the case. In some cases, the charge may qualify as a misdemeanor. This can result in a fine and up to one year in county jail. However, if there are aggravating circumstances such as:
the charge may escalate to a felony. In this case, the possible punishment ranges from 18 months to 3 years in prison. In addition, under federal law, possession of a bump stock can result in a penalty of up to 10 years in prison and a fine of up to $250,000. The penalties for selling or distributing such devices are particularly severe. However, there are several defenses. For example, if a person self-reported the device to the police or was unaware of its existence. The defense may be able to obtain a reduced sentence or dismissal of the charges altogether. A defense based on unlawful police action is also common. Such as:
You can contact KAASS LAW for advice and defense in bump stock cases.
For more information about bump stock laws and to 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.
If you have heard of a CLETS Order, you might be referring to different types of restraining orders. They have this name because the CLETS database enters them. A California Law Enforcement Telecommunications System Order can include anything from:
Given the amount of data stored in CLETS, it is necessary to set limitations on when you can access certain information. Instances of misusing CLETS can include:
Abuse of CLETS violates Penal Codes 11141-11143 and 13302-13304, making it a crime to misuse state and local summary criminal history. Felony penalties may apply under Government Code 6200. The DOJ will investigate misuse, and the California Attorney General will review the case.
Violations involving access to the CLETS system are taken very seriously at both the state and federal level. Any attempt to illegally access or use the data may result in criminal penalties. If a law enforcement officer uses the system to obtain information about someone without a legitimate reason, it could be considered a dereliction of duty. Even one-time personal use of CLETS may result in:
However, if you are accused of illegally accessing the CLETS system or the CORI database, there are a number of defenses available. One common line of defense is to claim that the access was made in error. Or that it was part of a legitimate investigation. An attorney may be able to prove a lack of malice if the employee obtained the information as part of a job assignment. It is also possible to challenge the legality of the investigation itself. Especially if there were procedural violations. Such as:
In such cases, the lawyer will help develop a defense strategy based on the facts and the admissibility of the evidence. In addition, CLETS and CORI training is recommended for all law enforcement officers to prevent such allegations. This helps ensure compliance with the law. It also protects employees from potential legal consequences. If you are confronted with allegations of illegal use of CLETS or CORI, it is important to seek legal advice quickly.
Misuse of CLETS or CORI can have serious professional and personal consequences. For example, a conviction may remain on your record. This can negatively affect future employment opportunities. Especially in law enforcement or other government agencies. It may also result in:
This is especially true for employees with security clearances. The employer may consider even the suspicion of a violation as grounds for termination. Therefore, at the first sign of an investigation, it is necessary to contact an attorney immediately.
A qualified attorney will not only help you build the right defense strategy, but will also help ensure that all of your rights are respected. KAASS LAW has extensive experience and is ready to fight for your reputation and your freedom. Do not underestimate the seriousness of these charges. Timely legal assistance can dramatically change the course of a case.
CORI information can also be found through CLETS. CORI is defined in Penal Code 11075 as a database of compiled records and data that allow law enforcement officers to identify criminal offenders. Contains CORI information like:
The same penalties apply to the misuse of CORI; individuals cannot use it for personal reasons. The DOJ and California Attorney General will also investigate misuse. Moreover, they will pursue appropriate legal action if needed. KAASS LAW can assist you if you face charges related to the misuse of CLETS or CORI.
Penalties for a conviction under Penal Code 29800 may result in:
Defendants can argue against a charge for violation of this statute by proving momentary possession, justifiable possession and illegal search and seizure.
Expungement for a violation of California Penal Code 29800 can be provided given that the defendant completed the jail term and/or probation period. Expungement cannot apply to serious sex offenders or former inmates of a California State Prison.
A defendant can reclaim gun rights by reducing their felony charges to a misdemeanor. This can happen with a wobbler offense. A defendant can petition the court to reduce a felony wobbler to a misdemeanor.
Federal law prohibits the following people from owning a gun:
KAASS LAW can assist if you face charges under California Penal Code 29800 for possessing a firearm as a felon.
In addition to the basic criminal penalties, a conviction under PC 29800 can have other serious consequences. For example, a conviction for weapons possession can seriously affect:
This is especially true for non-residents of the United States - they may face deportation or denial of naturalization. It is also important to understand that a conviction under this article may be used as an aggravating factor in future offenses. This may result in harsher penalties for repeat arrests. Especially if the case involves violence or illegal weapons.
If you are facing charges under PC 29800, it is important to contact an attorney as soon as possible. He or she can evaluate:
For example, evidence may be excluded if the police searched without a warrant or probable cause. Another line of defense is lack of knowing possession of a gun. If the gun was in a shared residence but did not belong to the defendant, the defense attorney may be able to prove that the client did not intend to possess the gun. A strategy to reduce the charges is also possible. If the court finds that the crime falls into the wobbler category, the attorney can move to reclassify it as a misdemeanor. This opens the door to probation and subsequent expungement. The attorneys at KAASS LAW are highly experienced. They are prepared to defend your rights in court. Do not delay a consultation - timely action can change the outcome of the case.
Also, when a person is nervous about a test, his heart rate may increase, which is interpreted as a sign that he is lying. Even if he is telling the truth. In order for polygraph results to be used in court, the consent of both parties is required. In some cases, the defense may offer a polygraph test to prove their client's innocence. However, such tests are rarely conclusive. You should also note that polygraphs cannot serve as the sole evidence. The test results must be corroborated by other facts and evidence.
Despite their questionable reliability, polygraphs can be useful at the pretrial stage. If a defendant takes a polygraph test and the results show that he or she did not lie, this data can be used in his or her favor. It is important to remember that such tests can be expensive - the cost can range from $200 to $2,000. It all depends on the complexity of the test and who is administering it. In some cases, a polygraph can be an important tool for the defense. For example, if a defendant wants to convince a prosecutor of his innocence or persuade him to accept a plea bargain. The results of a polygraph examination can help you make the right decision. However, it is important to consult with an experienced criminal defense attorney to understand when and how it is appropriate to use this tool.
Yes. In certain cases, a defendant can go out on their own to take a private polygraph test. These test results, if they come back truthful, can be then handed over to the prosecutor in an attempt to have the case dismissed. Taking a private polygraph test is recommended when:
A private polygraph test can cost between $200 and $2000
There are a number of laws governing the use of polygraphs in the workplace that limit what employers can do. In California, California Labor Code 432.2 prohibits private employers from requiring a polygraph examination. This restriction applies to both pre-employment testing and continuing employment. The Employee Polygraph Protection Act (EPPA) governs federal law. This law prohibits employers from using polygraphs to screen employees. But there are exceptions. Such as:
Even in these cases, the employer must obtain the employee's consent and explain his or her rights before administering the test. If your employer improperly forces you to take a polygraph test at work, contact an attorney to protect your rights. Such actions may be illegal, and your employer may be held liable for violating employment laws.
Before agreeing to take a polygraph test, it is important to consult with a qualified criminal defense attorney. This is especially true if you are facing criminal charges or a potential trial. By consulting with an experienced attorney, you will be able to understand all the risks and consequences of taking the test. It is also better to prepare for possible legal action. A polygraph examination may be useful in certain circumstances. But its results should be part of a broader defense strategy. Remember that even if the polygraph shows that you are not lying, others can challenge the results. They may also not be admissible as sole evidence. Contact the attorneys at KAASS LAW for more information about polygraphs and your legal rights.
If toxic mold has been discovered in your home, it is important to act quickly. To minimize health risks and protect your rights. California law requires landlords to provide a safe and healthy environment for tenants. If mold is present and the landlord has not taken steps to remediate it, you have a legal right to compensation. First. You must notify the landlord of the presence of mold in your apartment. This should be done in writing, describing the problem and demanding that the damage be repaired. Second. If the landlord does not respond to your request within a reasonable time or ignores it altogether. You can begin the process of filing a lawsuit for breach of lease. In this case, you will need to prove that the presence of toxic mold makes your apartment uninhabitable. And point out that the landlord has failed to fulfill his or her obligation to maintain the living conditions of the apartment.
Also, if you were forced to leave because of toxic mold, this may be considered a "constructive eviction. This means that the landlord created conditions that forced you to leave. This entitles you to rent reimbursement for the months you were unable to use the apartment. Damages in a lawsuit may include:
If you decide to file a lawsuit against your landlord, it is important to gather all the evidence. Such as:
In order to take legal action against your landlord for the existence of toxic mold, you must prove that your landlord failed to address the issue and did not provide you with a reasonably habitable dwelling. For example, if your landlord knew of the mold and made a lease agreement with you anyway, or you told them about the mold and they did nothing about it for months, these could be legitimate reasons to sue them. If you decide to bring a lawsuit to the property owner, you can be compensated for all damages related to the existence of mold. These may include:
It may also be the case that because your landlord failed to address the toxic mold, you were forced to move out to avoid further suffering. This is a type of “constructive eviction,” meaning that your landlord indirectly made you leave the apartment by creating uninhabitable conditions. If this is the case, you may be able to recover rent that you paid during the months where mold was present. Landlord Tenant Attorney in Glendale The more evidence you have, the easier it will be to win your case. Do not delay in addressing this issue. The sooner you act, the less damage will be done to your health and property. If you or a loved one believes that their home contains toxic mold and or have suffered damages due to toxic mold in your home, we invite you to KAASS LAW. Contact our landlord tenant attorney at (310) 943-1171 for a free consultation.
PPP loan fraud and CARES Act violations are serious crimes. They can have severe legal consequences. Given the importance of the PPP program and its role in supporting businesses during the COVID-19 pandemic, it is important to follow the program rules. However, if authorities accuse you of PPP loan fraud, it is important to contact professional legal counsel immediately to protect your rights.
Understand the terms and conditions of the program. This is the first step in avoiding violations. You should only use a PPP program loan for qualifying expenses. For example:
And other expenses that help keep the business afloat during a pandemic. Misuse of funds or providing false information to obtain a loan is considered fraud.
Filing errors. Often, potential fraud allegations arise not from malicious intent, but from simple reporting errors. For example, misstating the number of employees or overstating payroll costs can appear as fraud. It is important to carefully review all information on the filing form to avoid mistakes that could lead to charges. Demonstrate good faith. If authorities accuse you of PPP loan fraud, presenting evidence of good faith may be key to your defense. For example, if you made mistakes inadvertently and without intent to defraud the program, this may provide grounds for acquittal. It is also important to preserve all documents and correspondence with financial institutions. Incorrect data in reports or bank statements can lead to suspicions of fraud.
What to do if you are accused of fraud. It is important to seek legal counsel immediately. The attorneys at KAASS LAW can help you understand complex legal issues and develop a defense strategy. Loan fraud charges can result in serious fines and jail time. Therefore, it is important to act quickly and effectively. The assistance of an attorney in such a situation can significantly affect the outcome of the case. An attorney can:
Under the Small Business Act, PPP loan fraud is charged as a federal crime. If convicted for making false statements or overvaluing securities you face felony charges punishable by:
If a person faces embezzlement charges under PPP loan fraud, they may face:
Defenses against a PPP loan fraud violation may include:
The Office of the Special Inspector General for Pandemic Recovery is in charge of all PPP loan fraud investigations. All charges are prosecuted by the Department of Justice. Remember that even if your intention was not to commit fraud, legal defense is necessary to minimize risks. If you need advice on PPP loan fraud, contact the attorneys at KAASS LAW. We will provide you with professional assistance and protection of your interests. You may call our office at (310) 943-1171 or by filling out the contact form below. [contact-form-7 id="5673" title="KAASS LAW Contact Form"]
While a violation of California Penal Code 270.1 is considered a misdemeanor, the consequences can be much more serious. First. Having a criminal record, even for a minor offense, can make it difficult to obtain or renew licenses. This is especially true if you work with children or in the medical or educational fields. Second. A conviction can affect family relationships, especially if the couple is in the midst of a divorce or custody dispute. The court may view a lack of school supervision as a sign of inadequate parental responsibility. Third. Custodial authorities may monitor you for repeated violations or refusal to cooperate with educational authorities. This may result in temporary restrictions on your parental rights.
In addition, such cases involve emotional stress and social pressure. Parents may face condemnation from:
1. teachers
2. school administration
3. neighbors
4. friends
However, not every accusation is justified. In such cases, it is important to properly defend your interests. Therefore, you should contact an attorney immediately if you are accused of violating PC 270.1. A professional lawyer can help you prove that you took reasonable steps to monitor your school attendance. And that you should not be held criminally liable. In some cases, it may be possible to have the case dismissed or the charges reduced. If you are facing charges under PC 270.1, call KAASS LAW to help you understand the situation and protect your rights.
PC 270.1 is a misdemeanor crime in California, and can earn you:
Truancies-related crimes have many elements, allowing for multiple possible defenses against a PC 270.1 violation. Some of these include:
It is only a crime for your child to be repeatedly absent from school if you did not reasonably supervise your child’s attendance. If a parent took reasonable steps to ensure their child attended school, they cannot face charges for violating PC 270.1. Example: A mother drives her 8th-grade son to and from school every single day. Her child frequently waits for his mother to drive off, and then skips school, only to return to be picked up. The child also makes sure to pick up any phone call from the school that notifies his mother of his truancies. In this example, the mother would not be in violation of the law because she took reasonable steps to make sure her son attended school (driving him to and from school). She was only unable to monitor his attendance because she was not receiving any notifications about his absences. It may have also been the case that your child was not actually a “chronic truant.” This means that they must miss at least 10% of school days in a year. Beware, this doesn’t mean a full year must pass, since a student can reach 10% of days absent much earlier. However, if someone faces charges for just one or a few absences, they do not violate PC 270.1. Lastly, only children in grades 1-8 who are at least 6 years old can qualify for violating the law. It may be the case that your child was not yet 6 years old when the absences occurred, or that they were absent in high school. Either way, they must fall within the age and grade ranges. If authorities charge you under California Penal Code 270.1 for your child’s truancy, KAASS LAW can offer expert legal defense.
If you have been accused of violating a quarantine order, it is important to seek legal counsel as soon as possible. Although the law classifies the violation as a misdemeanor, it can lead to serious consequences. For example:
First. A criminal record under this article remains on the database. Even if the punishment is limited to a fine or probation. But it can be expunged later, and the mere presence of the record can affect getting a job or renting an apartment. Second. Although a violation of HS 120275 does not result in deportation, in certain cases it may be grounds for denial of entry into the United States. It may also be grounds for denial of visa renewal. This is especially important for international students, visa workers, and those seeking citizenship. Third. A conviction under this article may affect the right to own firearms. In some cases, especially repeat offenders, additional restrictions may be imposed.
Therefore, even if the charge seems minor, the consequences can be significant. It is important not to ignore the situation and not to try to understand the law on your own. On the contrary, it is necessary to consult with an attorney who will help you determine a defense strategy based on all the circumstances. KAASS LAW is ready to protect your rights and minimize possible consequences.
Anytime an order of quarantine is placed in effect, people’s constitutional rights are always brought into question. Depending on the reason for violating a quarantine, the misdemeanor charge could violate a number of constitutional rights.
Another possible defense would be the “necessity” defense. The defendant violated the quarantine due to a necessity like going to the hospital, going to the grocery store, being an essential worker and overall any necessary reason to break the quarantine will give grounds for defense. These circumstances may cause a judge or prosecutor to dismiss charges. A defense that may work, but is less likely to be successful is the defense of no intent. The defendant had no knowledge of the quarantine order and was not aware they were violating it. The only time a constitutional rights defense would work, is if the quarantine is due to a communicable disease. Only then is it not a violation of constitutional rights because it is an order that seeks to protect citizens.
In California, law enforcement usually doesn’t arrest someone for violating HS 120275 alone; the person typically breaks additional laws as well, such as:
Are you in need of legal assistance for violating HS 120275? Get in touch with KAASS Law by calling us at (310) 943-1173 or by using the contact form below! [contact-form-7 id="5673" title="KAASS LAW Contact Form"]