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A judge issues a bench warrant, also called a "body attachment," as the most common arrest warrant in California. A judge issues a bench warrant, ordering the immediate arrest of a person. Judges issue bench warrants under California Penal Code sections 166 and 978.5. A bench warrant arises from a failure to follow the terms of a pre-existing offense. Not from the suspicion of criminal activity.
California judges can issue a bench warrant for failure to appear in court. If a person fails to appear for any scheduled court date, the judge can issue a California bench warrant. Failure to appear warrants constitute the most commonly issued bench warrants. Some examples include but are not limited to:
Additionally, the judge may issue a bench warrant if a person indicted by a California grand jury is not present at the indicated time.
If a person willfully fails to appear in court after receiving a written promise to appear, the prosecution will charge them with "failure to appear" as a misdemeanor. This is punishable by up to one year in county jail and/or a maximum fine of up to $1,000.
If a person released on his own recognizance for a misdemeanor case willfully fails to appear in court within 14 days of a scheduled date, he will face additional charges of misdemeanor "failure to appear" for evading the process of the court. In this case, a person may face a fine of up to $1,000 and a sentence of up to six-month in county jail.
If a person released on their own recognizance for a felony case willfully fails to appear in court within 14 days of the scheduled date, the court will charge them with felony "failure to appear." A person may face a minimum fine of $5,000 and a sentence in a county jail or state prison. In case fail to appear in court involves a felony case where a person posted bail, the maximum fine increases from $5,000 to $10,000.
If a person willfully fails to pay court fines or ordered restitution the court may also issue a bench warrant. According to California Penal Code section 1203.04 a willful failure to pay a fine or restitution if a person has financial ability to do so is a misdemeanor and is punishable by up to one year in county jail
The court can also issue a bench warrant if a person fails to obey its orders. If a person fails to complete a report for drug-testing, community service, or court-ordered classes, the court will charge them with a probation violation.
California Penal Code section 1214.1 states that if a person fails to pay a fine on time, violates a written promise to appear in court, or disobeys a court order, the court may charge a penalty assessment of up to $300,000 and refer the case for collection. According to California Vehicle Code section 40508(d) if a person willfully fails to pay on time any fine or portion thereof due to a conviction for an infraction the court can also suspend his driver's license for 30 days.
In case you have a bench warrant out for your arrest, it is important to contact an experienced criminal attorney. Call (310) 943-1171 today for a free consultation. If you or a loved one has been issued a bench warrant, we invite you to contact our Glendale criminal defense attorney at KAASS LAW at (310) 943-1171 for a free consultation and case review. Our staff speaks Spanish, Armenian, Russian, and French.
The right to privacy has two key aspects:
Invasion of privacy is tort-based, allowing a victim to bring a lawsuit against a person who illegally intrudes into their private life, publicizes them in a false light, discloses their private information, or appropriates their name for personal gain. In California, Public Disclosure of Private Facts is considered a form of invasion of privacy.
According to CACI 1801 to prove the claim of violation of a right of privacy the plaintiff must be able to establish the following elements:
California Penal Code Section 286(a) defines sodomy as sexual conduct involving contact between one person’s penis and another person’s anus. Any sexual penetration, no matter how slight, qualifies as sodomy.
To find the defendant guilty under Penal Code Section 286(a) for sodomy, the prosecution must prove the following elements:
A person who has been convicted of a felony in California has a chance to apply for Governor’s pardon. A Governor’s pardon is an honor that can be granted to an individual who can show excellent behavior and a law-abiding life following his conviction.
Generally, any person with a California state conviction is eligible to apply to the Governor for a pardon, a form of executive clemency--whenever an executive shows mercy in any form including pardon, reduction, stay. The Governor cannot pardon convictions from other states or federal and military convictions. People convicted in other states shall obtain a pardon in that state and people convicted in federal and military crimes can only be pardoned by the US president.
If a person is granted a pardon the following rights will be restored:
According to 18 USC 2422 and 2423, it is unlawful to engage in sexual activity and conduct with minors.
The prosecution must establish the following elements for convicting the defendant under 18 USC Sections 2422 and 2423
Under federal law illegal or illicit sexual conduct includes the following:
Anyone can easily imagine that the law prohibits the circulation of alcoholic beverages on the grounds of a school or any public educational institution. However, several questions can arise in connection with such circulation. Particularly whether it is legal if you take beer to a school football match, to the stadium of the school, but hide it in a thermos for coffee. It is unclear whether it's lawful to bring beer to a college basketball match at a city stadium instead of the college's stadium. Additionally, questions arise about the legality of serving alcohol during a charity dinner at a college. To find answers to such questions, let's examine California Business Professional Code, section 25608.
Business and Professional Code section 25608 makes it a misdemeanor to possess, consume, or deliver alcohol at public schools. Therefore, bringing beer to a school football match, even in a thermos, is illegal. Several exceptions to the general rule allow the actions mentioned above on public school grounds or in a schoolhouse.
The list of exceptions defined in the corresponding section of the California Business & Professional Code is quite many. However, we can try to divide them into some groups.
In today's mobile world, people might live and work in many countries during their careers. The citizen first acquires property in one state as a single person. Later, they marry and acquire property in other states, building a community of assets.
California Probate Code Section 100 states that half of the community property belongs to the surviving spouse. The other half belongs to the decedent.[1] Division 2 of the Section allows spouses to agree in writing on dividing community property. They can divide based on the aggregate value or individual assets. The subdivision does not authorize or recognize a non-pro-rata division of property without a written agreement.
If spouses die leaving or quasi-community property and no clear and compelling proof shows which spouse survived the other, California law may divide the property equally: [2]
Joint and several liabilities are a legal principle which applies in some states. Under California the definition of joint and several liability is clear. Law suits arising from mishaps on a building site may be extremely difficult cases. This is because the responsibility for the incident can be divided between several parties. For instance, if a wall fails, the general contractor may have provided incorrect instructions; the engineers may have used a flawed design; the concrete subcontractor may have used the wrong type of cement; or a coworker may have made a mistake. The list could actually grow to include lots of parties. How does the law sort out liability in a complex dispute if there is more than one party to blame? One or more parties may be held liable individually for the entire amount of damages suffered by a claimant for personal injury. In the event this responsibility is regardless of their own degree of blame. It means that a defendant can be held liable for 100% percent of your negligence even though they were responsible for your injury for only 15% percent. In the event that you receive only from one jointly and severally liable party, then the defendant will compel any other responsible party to request donation.
Many states in USA have a simple law of several liability in which each party pays only damages up to the degree of their relative accident fault. You have laws in other states like a tortfeasor that settles with a plaintiff giving up his or her right to appeal from any other tortfeasors. Joint and several liability in California is an adapted version of the old version of common law. This says more than one party can be collectively liable for the full amount of your economic damage but only individually (severally) liable for your non-economic damage in proportion to your percentage of blame. The remainder of the tortfeasors are, however, then entitled to a setoff for whatever the settlement amount is. In other words, the expense of the verdict is subtracted from any jury award.
No matter where you live, you must understand what constitutes a valid real estate contract if you ever purchase or sell property again. A real estate contract may be implicit, written, or verbal. However, practically all real estate transactions must be in writing under real estate law. The only exceptions are commission sharing agreements, which may be oral. There are numerous circumstances that emerge in real estate law that don't occur as frequently in other circumstances.
Real estate contract litigation not only includes general contract law, but also specific rules of law and common law. The contract is subject to the same principles of law that govern contracts generally, irrespective of whether the contract is a purchase and sale deal, a land purchase contract, an option to buy, a lease or any other form of arrangement. Therefore, in any conflict surrounding a real estate transaction, the general law of contracts should be considered, and could have a definitive effect on the parties’ rights and obligations. For instance, contract structure and enforceability requirements, contract enforcement rules, and other general issues are relevant in real estate litigation .
There has been a lot of discussion about the privacy protections provided by the 2018 California Consumer Privacy Act (CCPA). Nevertheless, perhaps one of the CCPA's most relevant provisions will be one that has been somewhat overlooked: Section 1798.150, which allows for statutory damages of between $100 (US dollars) and $750 (US dollars) per user for certain data breaches per event. Indeed, if California had adopted Section 1798.150 alone, it would have gained dozens of studies on how its statutory remedy for damages would possibly lead to an increase in private class action "bet-the-company" lawsuits over data breaches. It has resulted in commentators spending less time analyzing its impact on businesses because it was enacted as just one provision in a first in the nation privacy law.
To recover on a claim for invasion of privacy based on public disclosure of private facts, the plaintiff needs to show that the disclosed information was private and not of legitimate concern to the public, and that disclosure would be highly offensive to any reasonable person. Furthermore, the plaintiff must show that the disclosure of facts was actually public in nature. In addition, the defendant can’t be liable when he merely gives further publicity to information about a plaintiff that is already public.
A reasonable member of the community may consider a private fact newsworthy if they could entertain a legitimate interest in it. Generally, courts recognize that the public has a legitimate interest in almost all current events, even if it contains private information about participants. Additionally, the public has a legitimate interest in the private lives of notorious or prominent figures, such as professional athletes, actors, actresses, public officers, and noted inventors.. In deciding whether the information was a matter of legitimate public concern the following factors must be concerned:
It is important to understand that not every disclosure of information is automatically an invasion of privacy. For example, if the information disclosed is already in the public domain, it is not a violation of the law to disclose it. In California, there is a principle that facts that have been previously published or are public knowledge cannot be the basis of a lawsuit. In addition, it has been held that when a person voluntarily discloses certain information to the public, he or she loses the protection of privacy with respect to that information.
With the development of technology, the number of cases involving the publication of private information on the Internet has increased significantly. The digital environment sometimes makes it difficult to determine whether information has actually been made public. However, courts are increasingly recognizing online postings as sufficient grounds for a case. For example, posting personal medical or financial information without the victim's consent. Courts treat this type of conduct as a serious invasion of privacy, and individuals who engage in it may face civil liability, including potential lawsuits and financial penalties.
The compensatory damages a victim can recover depend on the specific facts of a case. Here are some common examples of damages:
Do you need additional information regarding a specific situation that you or a loved one face? KAASS LAW attorneys you should be able to provide you with legal assistance regarding the matter.
If you suspect that your privacy rights have been violated, KAASS LAW is here to help. We will provide:
The penalties for a sodomy conviction under Penal Code Sections 286(b)(1), 286(e), and 286(h) are wobblers. The court may charge the defendant with either a misdemeanor or a felony, depending on the case circumstances and the defendant’s criminal history.
The penalties for a misdemeanor sodomy conviction include:
The penalties for a felony sodomy conviction include:
Penalties for a felony California Penal Code Section 286(b)(2) conviction include:
Penalties for a felony California Penal Code Section 286(d) conviction include:
All remaining convictions under California PC Section 286 carry the following penalties:
Facing charges under California Penal Code 286? Contact KAASS LAW at (310) 943-1171 for a free consultation and case review. Our staff speaks Spanish, Armenian, Russian, and French.
A Governor’s pardon does not restore the following rights and limitations:
Direct pardon application is available to individuals who are ineligible for a COR. A person must use the direct pardon process in case he was convicted of a crime in California and now reside outside the state.
A person must first complete the Application for Executive Clemency. After that, he must send the Notice of Intent to Apply for Executive Clemency to the District Attorney in each county where he was convicted. Once notice is given, a person must submit the Application for Executive Clemency to the Office of Governor.
Once the Governor’s Office receives a direct pardon application or a Certificate of Rehabilitation, the Office usually forwards it to the Board of Parole Hearings. The Board can conduct an investigation, contact the investigating law enforcement agency or the District Attorney and make a proposal on whether a pardon should be granted or not. In case the person has been convicted of more than one felony, the California Supreme Court must give its recommendation on granting a pardon to him before the Governor can do so. Also see Criminal Law Also see Court Forms
Under federal law, a minor is any person under the age of 18. There are some exceptions to the definition of a minor, where the minor is a person under the age of 16.
Any person can be an offender. The law does not limit the offender to one person. Anyone who intentionally and knowingly assists in coercion, transportation, or sexual activity can face prosecution.
Depending on the case circumstances federal solicitation of a minor can be charged as either a misdemeanor or a felony. In case the defendant is convicted of using internet, mail, or any other form of interstate or international communication to solicit or attempt to solicit of a minor with the intention to engage in illegal sexual activity, or he successfully transported the child for the illegal sexual activity, he can face:
According to 18 Section 2423, the defendant is charged with traveling to another state, coming to the US, or traveling internationally and engaging in unlawful sexual activity with a person under 18, he will face:
Additionally, punishment for any federal sex crime is usually accompanied by an obligation to join the national sex registry. The registry compiles the information of sex offenders across all states and can have a severe impact on offender’s ability to find employment and keep a residence. The offender must register as a sex offender for 15 years, 25 years, or for life. Failing to register can result in a separate criminal charge, carrying up to 10 years in federal prison and significant fines.
After serving their sentence, most individuals are subject to federal supervision for a period ranging from 5 years to life. Violation of these conditions will result in a second prosecution. Supervision may include:
The court may order a mandatory forensic psychological evaluation. If it is determined that the defendant is prone to reoffending, compulsory treatment is possible. Authorities carry out the process both in places of detention and after release. These measures aim to minimize the risk
The law requires any person convicted of a qualifying sex offense to register in the national sex offender registry and to keep their information updated as mandated by legal authorities. Failure to register is punishable as a separate offense. The term of registration is 15, 25 years or life. However, failure to register is punishable by up to 10 years in prison.
KAASS LAW provides legal assistance at all stages. Contact us for an evaluation of your situation.
Alcohol serves educational purposes in viticulture studies, enology studies, and similar programs.
The law allows alcohol delivery during an event or ceremony on school grounds when no students are attending classes. Therefore, serving alcohol at a charity lunch for outside guests or consuming alcohol during a non-school football match at the school stadium is permitted by law.
Another exception is possessing alcohol at events held outside the educational institution's grounds. For example, if you attend a college basketball game at a city stadium, you can bring a bottle of beer without needing to hide it in a coffee thermos. Another exception involves school property leased to an organization not using it for educational purposes. In this case, the law permits individuals to possess and consume alcohol, and to engage in activities outlined in Section 25608, but only within that specific portion of the property.
In case one “possesses, consumes, sells, gives, delivers” alcohol in a public educational institution or on its grounds shall be punished by up to 6 months in a jail or a fine up to 1000$.
Thus, we already understand that there are some exceptions from the law when alcoholic beverages are legal in the territory of the schoolhouse. If your situation falls under these exceptions, you won't face punishment for committing a misdemeanor. Another defense is proving the search was unlawful, such as without a court order.
In California, Business and Professions Code Section 25608 prohibits the possession and consumption of alcohol on public school property. However, there are exceptions that are very important to consider when questions of legality arise. For example, alcohol may be used as part of an educational program. Such as:
This allows students to learn about wine culture and alcohol production for educational purposes. These programs are specifically designed to educate students and alcohol is used as part of the educational practices. In addition, the law allows the circulation of alcohol on school premises. Only if the event is unrelated to academic activities. For example, charity luncheons and sporting events that are not held during school hours. This may include serving alcohol if there are no students at the event. This exception helps avoid conflicts between curricular and extracurricular events held in school buildings.
Violation of this law may result in a misdemeanor charge. A person found guilty may be fined up to $1,000 or sentenced to up to six months in jail. Given the severity of the law, it is important to follow all established rules and safeguards to avoid unpleasant consequences.
If you are facing charges under Business and Professions Code Section 25608, there are several defenses available. For example, if your conduct was related to an authorized activity, this may be grounds for an acquittal. The legality of the search may also be challenged if it was conducted without probable cause or a court order. Another defense may be to prove that the alcohol was not intended for consumption in a public place, but was intended for private use at an event that did not violate school law.
In any case, you will need a professional lawyer to guide you in the process of creating a defense strategy and the KAASS LAW professional team is always ready to assist. If you or a loved one faces charges under Business and Professions Code 25608, contact (310) 943-1171 for a free consultation.
The transfer of community and quasi-community assets to a revocable trust assumes those assets maintain their overall character for any division established by the trust, according to Sections 100 and 101. This section applies to all transactions made before, on, or after January 1, 2000. [1] California Probate Code Section 100 [2] California Probate Code Section 103 KAASS LAW helps navigate California's Probate Code, guide community property division, draft agreements, manage revocable trusts, and ensure legal compliance.
In California, attorneys often place special emphasis on addressing the unique legal and financial considerations that arise in mixed marriages. That is, where one of the spouses is a foreign national or resides outside the state. In such cases, a conflict of jurisdiction may arise in the division of property upon the death of one spouse. California law treats property acquired in other states as community property. If the spouses subsequently resided in California. This provision is important in the case of inheritance, especially if the heirs have a dispute over ownership.
Another critical issue is the debt obligations of the deceased. Under California law, debts incurred during the marriage can be collected from the surviving spouse's share of the community property. However, creditors must go through the process of notice and filing claims with the probate court. To protect their assets, spouses are encouraged to enter into a prenuptial agreement or property settlement agreement in advance.
It is not uncommon for relatives of a deceased person to dispute the surviving spouse's right to a piece of property. Especially when there is no will. In such cases, California courts consider both the language of the will and the intent of the spouses to divide or not divide the property. The law allows for the consideration of:
If they can be corroborated by witnesses.
The death of a spouse may have tax implications. For example, the capital gains tax on the sale of an inherited property may be reduced. This is due to the increased value. This becomes especially important when clients need to make decisions about real estate or investments they acquired jointly, as clear guidance can help avoid future disputes and ensure a fair distribution. It should be noted, however, that the tax rules vary depending on the type and nature of the property.
Properly drafting a joint property and will can greatly simplify the process of dividing assets upon the death of a spouse. KAASS LAW can:
In addition, our team advises clients on the most effective strategies for distributing their assets while minimizing tax burdens.
Parties found liable for the accident are considered as tortfeasors. Basically a tortfeasor is someone who does a type of torture. If the tortfeasor is found liable, the plaintiff must be compensated for his negligence and physical harm. In a civil case, terror perpetrators are named defendants. If there are many tortfeasors in a case, the car-accident counsel in California will be the one who guarantees that they are all identified in the complaint.
There are definitely several joint and several liability opponents there. One reason for these is the risk of serious inequality arising from it. A good example is a defendant who is at fault of only 10 percent, but who is jointly and severally liable with another defendant who is at fault of 90 percent, yet may end up with full financial responsibility if the 90 percent defendant is judgment-proof.
Crucial for the creation of a contract which, if not present, would affect its enforceability:
In every real estate sale contract there is an implicit promise that the seller is marketable or merchandising. Where the term "grant" is used to convey a fee-simple property and no contradictory terms appear in the instrument, the seller of real property implies that:
A warranty in a real estate purchase and contract is a seller’s express on some intangible element of the land. A warranty helps to force the seller to reveal material facts about the property and to give the buyer clear guarantees about the property’s condition. Warranties can consist of affirmative representations not otherwise needed of a seller. The duty of a seller to obtain a warranty is absolute. Responsibility is placed on violation irrespective of whether the seller knew or ought to know that the claim was false.
Residential real estate sellers have a duty to disclose any information that adversely affect the value or desirability of the property that are known or accessible only to the seller and that are not recognized or within reach of the buyer's careful attention and observation. However, the seller is not responsible for latent property defects that he or she did not know about, and had no reason to believe that they existed.
Where a violation is only partial, it relieves the other party of the duty to act only if also material. Among the factors to be considered when assessing the materiality of an infringement are the following:
California Civil Code §1798.82 allows individuals or businesses in California to notify citizens if a person experiences a security breach. Interestingly, section 1798.82(h) describes “personal information” as much narrower than that of the CCPA, to be either of:
The legislation mandates that notification be given to the affected individuals within the most expedient time possible and without delay. Or any appropriate action to assess the extent of the violation and restore the data system's fair integrity.
Section 1798.81.5 of the California Civil Code specifies that "a company that owns, licenses or preserves personal information about a citizen of California shall adopt and retain reasonable security procedures and practices relevant to the nature of the information to protect personal information from unauthorized access, destruction, usage, alteration or release". The law also requires that any business that discloses personal information under a non-affiliated third party contract requires that non-affiliated third party implement and maintain reasonable security procedures and practices.
Before the California Consumer Privacy Act, there was a private right of action for data breach disclosure breaches and information. California Civil Code Articles 1798.84(b). Nevertheless, this private right of action does not provide for statutory damages.