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.
Legal Aspects of Polygraph Use in California
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:
respiratory rate
heart rate
blood pressure
sweating
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:
stress
anxiety
fatigue
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.
Polygraph As a Tool for Solving Criminal Cases
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.
Can You Take a Polygraph Test Outside of Court?
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:
Trying to dismiss a charge during the pretrial process.
Attempting to persuade the prosecutor to consider a second examination during trial.
Convincing the defendant to enter into a plea bargain or no contest.
A private polygraph test can cost between $200 and $2000
Can Your Employer Make You Take a Polygraph Test?
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:
security of government agencies
investigations of serious crimes.
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.
When is it a Good Idea to Consult an Attorney?
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.
What Is Toxic Mold and How Do I Know My Property Has It?
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:
Dirty water stains on the surface of walls, floors, and/or ceilings
A musty odor, similar to that of a sweaty sock
Moisture or liquid buildup
Discoloration or rotting of walls, floors, and/or ceilings
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.
How Can Toxic Mold Be a Health Hazard?
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”.
What is PPP Loan Fraud or CARES Act Fraud?
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.
What Are Examples of PPP Loan Fraud?
Claim the incorrect number of employees to qualify for the loan.
Wrongfully claiming that COVID-19 impacted your business.
Increasing payroll costs to get an increased amount of funding.
Using the funds for anything other than qualified expenses
Failure to identify an employee that left in order to continue receiving funds on their behalf.
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.”
Is It a Crime to Let My Child Skip School?
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:
The child is at least 6 years old and in a grade between 1-8
The child is a full-time student or continuing student
The parent/guardian failed to reasonably supervise the child’s attendance
A “chronic truant” is a child with unexcused absences for at least 10% of the school year.
Is It Against the Law to Violate a Quarantine Order in California?
Health and Safety Code 120275:
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.
What Are the Penalties for Violating a Quarantine Order?
Violating HS 120275 is a misdemeanor as opposed to an infraction or felony. May result in:
Fine up to $1000
Up to a 6-month sentence in county jail or
Misdemeanor probation granted by a judge.
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 is common practice for a landlord to charge a “security deposit” before renting out a property to a tenant. A tenant pays this before moving in, and the landlord may use it for repairs or unpaid rent. The property owner must return the remaining balance to the tenant once the tenant stops living at the property. Terms like “cleaning fee,” “animal deposit,” and “key deposit” all qualify as types of security deposits.
Is There a Limit to How High a Security Deposit Can Be in California?
California limits security deposits based on whether the property is furnished or not. Landlords can charge up to 2 months rent for an unfurnished property, and for 3 months rent for furnished ones.
What Rights Do Tenants Have in Regards to Security Deposits?
First, it is required that all California security deposits be refundable. Under no circumstance can a landlord require you to pay a nonrefundable security deposit upfront in addition to rent. Next, once it is time to refund the security deposit, the landlord must do so within 21 days of the tenant moving out. When the remaining amount is returned, the landlord must include an itemized list that describes all of the deductions to the security deposit.
Disturbing a Religious Meeting in California: Penal Code 302
California Penal Code section 302 states, “Every person who intentionally disturbs or disquiets any assemblage of people met for religious worship at a tax-exempt place of worship, by profane discourse, rude or indecent behavior, or by any unnecessary noise, either within the place where the meeting is held, or so near it as to disturb the order and solemnity of the meeting, is guilty of a misdemeanor.”
When Is It a Crime to Disturb a Religious Meeting?
PC 302 describes the requirements for being charged with the crime of disturbing a religious meeting. In order to violate this law one must:
Disturb a gathering of religious worship that took place at a tax-exempt religious institution AND
Intentionally disturb the meeting by doing one of the following
California Vehicle Code section 22517 states: “No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic.”
What Types of Accidents Can Result From Opening a Car Door Without Taking Proper Caution?
When a parked car on the side of the road opens its door haphazardly, there are 2 types of accidents that typically occur as a result. It will either be the case that:
The driver on the road collides with the opened door OR
The driver swerves to avoid the opened door and crashes into another car.
Who Is Liable for the Damages When Someone Crashes Due to an Opened Car Door?
CVC section 22517 clearly states that the person who opens the door without taking proper caution is liable for the damages caused by it. However, it is common practice for insurance companies to give partial liability to both parties, especially car door opening accidents. For example, an insurance company would likely declare partial liability if the person who opened their door could prove that they did so while the other driver was a significant distance away. Just because the law supports the position of the party that crashed due to an open door, it does not mean that drivers shouldn’t take caution when driving alongside parked cars. While the law assesses fault to someone who opens their door haphazardly, the person who does so will almost certainly argue that they did so safely, leaving enough time for other drivers to take precautions.
Street racing of any kind is forbidden on California public roadways. Offenses include street racing, drag racing and speed contests. Violation of these rules allows for the offenses to be punished under Vehicle Code 23109, Vehicle Code 23103 and Penal Code 187.
Violation of California Vehicle Code 23109 will result in a misdemeanor charge. This will then lead to a jail time of 24 hours to 90 days; then fines ranging between $350 and $1000. The penalties will increase as the number of repeated convictions increases. If a violation of VC 23109 results in serious bodily injury, it may be charged as a felony. A prosecutor must prove that the accused motorist was operating a motor vehicle on a public roadway while willfully engaging in a contest of speed.
In California, firework laws divide fireworks into two categories and an exempt category. The categories are “dangerous fireworks” and “safe and sane” fireworks. Specifically, a 'dangerous' firework includes items like rockets and sparklers longer than ten inches or wider than one-quarter inch in diameter. Conversely, a 'safe and sane' firework includes ones like fountains, spinners, noise makers, etc...
Health and Safety Code 12500-12728
Under Health and Safety Code 12505, dangerous fireworks must be used by someone with a license to do so. Dangerous fireworks contain: arsenic sulfide, chlorates, magnesium, phosphorus, zirconium and many other chemicals. Similarly, exempt fireworks also require a special license to use in California. To clarify, exempt fireworks are those used for industrial, commercial, agricultural, or religious purposes. Under Health and Safety Code 12529 these are fireworks that comply with California law and local fire department restrictions. These types of fireworks must be sold at a designated place of business by a person with a retail sales license between the dates of June 28th Noon until Noon of July 6th each year. In contrast, the only items that can be sold year round are 'party poppers' and 'snap caps.
How to Tell if a Firework Falls Under “Safe and Sane”
My Apartment Has Toxic Mold in It, What Should I Do?
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:
Medical expenses - for treatment of mold related illnesses.
Loss of income - due to temporary disability.
Pain and suffering - if the toxic mold has affected your health.
Compensation for property damage - if the mold damaged your furniture.
If you decide to file a lawsuit against your landlord, it is important to gather all the evidence. Such as:
photographs of the injuries
medical reports
witness statements
correspondence with the landlord.
Can I Sue My Landlord for Toxic Mold
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:
Injuries to yourself or health issues you had because of the mold
Damage to your belongings
Lost wages
Pain and suffering
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.
How Can I Avoid Paycheck Protection Program Loan Fraud Charges
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:
employee salaries
rent
utilities.
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:
gather evidence
prepare all necessary documents
represent your interests in court
What Are the Penalties for PPP Loan Fraud?
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:
Fine up to $5,000 and/or
A 2 year sentence in a federal prison.
If a person faces embezzlement charges under PPP loan fraud, they may face:
A fine up to $10,000 and/or
A federal prison sentence of 5 years.
Defenses against a PPP loan fraud violation may include:
Intent is important. Defendants cannot be charged if they had no intent to defraud. For example, making a mistake on the complicated loan application could be a result of the violation. If you did not intend to defraud and simply made a mistake, the law does not charge you with fraud.
An SBA mistake in communications, bank statements, accounting notes, receipts and even bills could seem like there is fraud occurring under a PPP loan. It is important to keep all data as reference in case there is a mistake in one of the weeks.
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"]
What Are The Consequences Of Being Charged Under PC 270.1?
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.
What Are the Punishments for Violating PC 270.1?
PC 270.1 is a misdemeanor crime in California, and can earn you:
Up to 1 year in a county jail
A maximum fine of $2,000
How Can I Defend Against Wrongful Accusations of Letting My Child Skip School?
Truancies-related crimes have many elements, allowing for multiple possible defenses against a PC 270.1 violation. Some of these include:
You reasonably supervised your child’s attendance
Your child was not a chronic truant
Your child was not within the required age or grade range
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.
What Should You Do If You Are Charged With Violating HS 120275?
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.
Is There Defense Against a Violation of Quarantine?
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.
Violation of your to freely associate.
Violation of your right to exercise religion
Violation of your right to travel across states
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.
Other Information Regarding HS 120275
Convictions under HS 120275 may be expunged given that the defendant has paid their fines, served their sentence, or have been placed on probation.
Convictions under HS 120275 does not have negative consequences against immigration, although sometimes in California, convictions result in deportation or denial of future entry to the U.S.
Convictions under HS 120275 does affect the future gun rights of the defendant.
Possible Related Charges
In California, law enforcement usually doesn’t arrest someone for violating HS 120275 alone; the person typically breaks additional laws as well, such as:
HS 120290 intentional exposure to infectious disease
Penal Code 408 unlawful assembly, and
Penal Code 415 disturbing the peace; which can include loud music, fighting, or loud swearing.
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"]
It's important to note that any attempt to circumvent the deposit refund policy is a violation of California law. For example, if a landlord refuses to return a deposit without providing a list of withholdings, this is already grounds for a complaint. California law gives tenants the ability to seek a refund of amounts wrongfully withheld. Also, compensation for additional damages. In addition, if a landlord withholds from a deposit for normal wear and tear such as: 1. scuffs on carpets 2. discolored walls 3. slightly scratched floor Which is considered "natural", this would be considered a violation. Normal wear and tear, should not be compensated from the deposit. Only negligent and willful damage caused by the tenant can be grounds for a hold.
It is worth remembering that the landlord is required to provide the former tenant with a list of withholdings with receipts. Which confirms the value of each of them, if the amount of the withholding exceeds $125. Otherwise, the landlord risks being held liable for up to double the amount of the wrongfully withheld deposit. If you believe your landlord has violated your rights in withholding your deposit, KAASS LAW is here to help. We can analyze your lease, correspondence with your landlord, and other documents. And then build a competent defense and recover the funds owed to you. Don't delay, the sooner you seek legal advice, the better your chances of a successful resolution.
What Rights Do Landlords Have in Regards to Security Deposits?
Civil Code section 1950.5 (b) covers the 4 reasons that California landlords may deduct money from a security deposit. They include:
Paying for unpaid rent
Fixing damages beyond ordinary “wear and tear,” caused to the property by the tenant/their guests.
Paying cleaning fees that restore the property to its level of cleanliness before the tenant moved in. (I.E. “move-in ready)
Covering future costs for repairs of damages caused by the tenant. (The contract must explicitly mention this.)
What Are the Common Ways That Parties Start Disputes Regarding Security Deposits?
As mentioned earlier, there are many different terms that refer to fees that are classified as security deposits in California (cleaning fee, animal deposit). No matter what the landlord calls the upfront payment, it is subject to the same regulations and limits as security deposits. This means that if a landlord already collected a security deposit in the amount equal to 2 months of rent for an unfurnished dwelling, he could not charge any more in different types of fees because it would put him over the limit. The point is that upfront fees cannot combine to exceed the California limit even if they are seemingly not a part of the security deposit. Many disputes arise from tenants claiming that their landlord is making illegal deductions to their security deposit. Some examples of this could include:
A landlord deducts half of a tenant’s security deposit because they want to fix a leak in the roof. The tenant did not cause the leak, and the dwelling has a history of roof leaks.
A landlord charges a $3,000 cleaning fee to a tenant so they can buy brand new kitchen countertops for the property.
The landlord deducts a month of rent from the security deposit because the tenant paid their rent 3 days late in August.
KAASS LAW can help protect your rights regarding security deposits.
What Are the Punishments for Violating California PC 302?
PC 302 is a misdemeanor offense in California. The punishments can include:
Up to 1 year in a county jail
A maximum fine of $1,000
Beware. In addition to these punishments, someone violating PC 302 may also face California hate crime laws. Hate crime laws enforce harsher sentences for people who harm or harass others because of characteristics such as gender, race, and in this case, religious beliefs. If authorities charge the PC 302 violation as a hate crime, they can charge it as either a misdemeanor or a felony, and punishments could include:
Up to 3 years in a state prison
A maximum fine of $10,000
How Can I Defend Myself if I Am Wrongfully Accused of Disturbing a Religious Meeting?
There are several possible defenses to a wrongful charge of disturbing a religious meeting. Some of these include:
The meeting you disturbed was not necessarily a “religious meeting”
You did not do something that qualifies as a disturbance as specified in PC 302
Your disturbance was unintentional
To be charged with this crime, the meeting you disturb must meet certain requirements. First, the venue must be a tax-exempt place of worship, so if this is not the case, you would not be in violation of PC 302. The people present must also be meeting for religious purposes. This means that even if there was a meeting at a tax-exempt religious institution, it also has to have been for religious worship in order to qualify. Example: A church congregation that meets at the St. Joe’s Elementary School chapel decides to hold a charity kickball tournament on the field of the school. During the tournament, a heckler decides to yell rude and profane phrases at the players, which leads to his arrest on the grounds that he was in violation of PC 302. While the heckler may be guilty of disturbing the peace, (PC 415) he technically is not disturbing a religious meeting. The congregation met on the premises of a tax-exempt place of worship, but they met to play kickball, not for religious purposes. It may be the case that you did not actually do anything that is classified under PC 302 as a “disturbance.” The law requires that you used profanity, made unnecessary noise, or acted rudely or indecently. There are ways to disrupt a meeting that does not include doing these things, including actions that are unintentional. Perhaps you attended a religious meeting with your baby, and your baby started crying, which interrupted the gathering. Whatever the action was, if it was unintentional, or did not include any of the required criteria for a disturbance, you would not be in violation of PC 302. KAASS LAW can assist if authorities charge you under California Penal Code 302 for disrupting a religious meeting.
What Should I Do If I Am Involved in a Vehicle Accident Involving a Car Door?
First, you should find a safe place to pull over, or if it is unsafe, then leave the scene and find a safe place to exchange information with the other driver. It is required by law that all drivers exchange license and insurance information when they are involved in an accident. If any of the involved parties try to leave without doing so (hit and run), you should try to take a picture or make a note of their license plate, so liability and damages can be fairly assessed. While not required by law, it is always a good idea to call the police to the scene unless the accident is extremely minor. This will help create a more accurate narrative of what happened in the accident. You should also take pictures of the vehicles involved, so the property damage can be properly assessed. While you could open up a claim with your insurance provider yourself, it is recommended that you seek attorney representation and let them handle the process for you. Insurance companies will often ask you several questions in order to get your unprepared answers and use them to minimize the amount they need to pay you in the future. It is paramount that you seek high-quality legal representation in order to protect yourself from being taken advantage of.
Glendale Auto Accident Attorney
If you or a loved one has been involved in an auto accident we invite you to contact our auto accident attorneys at KAASS Law at (310) 943-1171 for a free consultation or fill out the contact form below. [contact-form-7 id="5673" title="KAASS LAW Contact Form"]
California Vehicle Code 23103: Reckless Driving Law
Driving with a willful disregard for the wellbeing of people or property.
Driving at a high rate of speed through a school zone
Burnouts
Doughnuts
Drag Racing
What Are the Penalties for Reckless Driving?
Punishments for violating VC 23103 include a 5 to 90 day stay in the county jail and a fine between $145 and $1000. Like VC 23109, if bodily injury is involved due to the violation, it may result in more serious consequences. Repeated offenses also result in more severe punishments. The details of the case may lead to a street racing charge as reckless driving. The prosecutor must be able to show that the operator of the motor vehicle was driving with a “wanton disregard” for the wellbeing of people or property. This means that the operator of the vehicle was in full awareness of the risk of harm, and then proceeded to disregard that risk.
What is Watson Murder?
Death as a Result of Street Racing: PC 187, Watson Murder
A death during a street racing incident is referred to People v. Watson, or in other words a “Watson Murder” case. Penal Code 187, Watson Murder, is a second degree murder charge. This usually is the result of a DUI. On the other hand, it can be applied to street racing if:
The accused was racing.
The accused has a previous DUI conviction .
The accused was under the influence while operating the vehicle.
The accused killed someone while operating the vehicle.
What Are the Penalties for Watson Murder?
Watson Murder can result in a 15 years to life in a California state prison, fines up to $10,000 and a strike under California’s “Three Strikes Laws.” A repeated “strike” offense may result in a doubled prison sentence.
California Impounding Vehicle Laws
When a person is arrested for any of the above offenses, the arresting officer has the authority to call in a tow truck to send the car to impound for a period of up to 30 days. The circumstances to receive the vehicle before the end of the 30 period period are as follows:
Impounded vehicle was a stolen vehicle.
The owner of the vehicle did not give permission to the person charged to use it.
The owner of the vehicle was not present during the alleged offense, and that they were oblivious to the intentions of the person operating their vehicle.
The vehicle was a rental.
The prosecutor changes the charges to less severe ones than VC 23109, 23103 or PC 187.
What Are the Possible Defenses for a Street Racing Violation?
Attorneys can defend against these charges by being able to prove that the defendant’s actions were not willful, there is not enough evidence to support that the defendant was contesting speed, the defendant was not driving the vehicle or the attorney can prove a necessity defense. A necessity defense means you are “guilty with an explanation.” For example, rushing to the hospital. Glendale Reckless Driving/Street Racing Attorney If you or a loved one is charged with reckless driving or street racing 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.
Any and all “safe and sane” fireworks in the state of California must display a “State of California, State Fire Marshall Registered Fireworks” seal. If the seal is not present, the fireworks are not legal to possess or use in the state of California.
What Are the Punishments for Illegal Fireworks in California?
In California, specifically, being in possession of an illegal firework violates Health and Safety Code 12677. Therefore, this can apply to California 'safe and sane' fireworks as well, if they violate local fire codes. To illustrate, in Burbank and Glendale, 'safe and sane' fireworks are not permitted. Most offenses result in a misdemeanor punishable by:
Up to one year in county jail, and/or
Fined up to $1000.
The sale and distribution of 'dangerous' fireworks violates California Health and Safety Code 12767 and therefore results in other charges. Furthermore, the punishment for this offense is dependent on the amount of fireworks in possession of the defendant upon arrest.
25-100lbs of Fireworks
Fines between $1000 and $5000.
Up to one year sentence in county jail.
101-5,000lbs of Fireworks
A prosecutor can charge it as a misdemeanor or a felony.
Dependent on facts of the case, prosecution and criminal history of the defendant.
Misdemeanor
Results in fines between $5,000 and $10,000.
Up to a one year sentence in county jail.
Felony
Results in fines between $5,000 and $10,000.
Jail sentence between 16 months and three years in jail.
Over 5,000lbs of Fireworks
Additionally, and more importantly, it can result in a misdemeanor or felony charge.
Misdemeanor
Jail sentence up to one year
A fine between $10,000 and $50,000.
Felony
Sentence between 16 months and three years in jail.
A fine between $10,000 and $50,000.
What Are Possible Defenses Against a Fireworks Violation?
An attorney may be able to help you fight against a California Firework charge. In particular, known defenses include:
Being able to prove the defendant was not the person in possession or controlled the fireworks.
Illegally obtained through an unfair search and seizure by law enforcement.
Defendant has a permit to possess and use fireworks in California.
The defendant reasonably understood they were involved in a legal transaction.
Important: If you have been accused of possessing or selling illegal fireworks, seek legal counsel right away. This will allow you to obtain a defense and possibly lessen the consequences of the charges. KAASS LAW can help you build a defense strategy. Possible defenses include:
proving that the defendant was not the owner of the fireworks
did not control the fireworks
the fireworks were obtained illegally in a wrongful search
If you have a permit to use the fireworks, this can also be an important factor in your defense. Furthermore, if the charges are related to a miscommunication in the transaction, this could also be grounds for dismissing the charges. Don't risk - KAASS LAW is here to help you protect your rights and interests. It is also worth remembering that even possession of fireworks without the intent to use them can result in charges. For this reason, having an experienced attorney become a key factor. One who can carefully review the details of your case and help minimize or completely dismiss the charges. [contact-form-7 id="5673" title="KAASS LAW Contact Form"]