The Reality of Prop. 25

The Reality of Prop. 25

The November third election is a big one for California voters. Not only do they have to decide which candidate they want in the Oval Office, they also must decide if they want to vote for or against, Proposal 25.

What is Proposal 25?

The goal of Prop 25 is to end the current cash bail system. If it passes, California would be the first state to do away with this system. Instead of using a tried and true cash bail system, the state would create a system that would run a “risk-assessment” on suspects. Each suspect would be assigned a risk which would categorize them as:

  • Low-risk
  • Medium-risk
  • High-risk

Low-risk suspects would be individuals that, based solely on a generic test, would be determined to be low-risk for not appearing in court and who were deemed a minimal risk to society...

What are California’s Lemon Dog Laws?

What-are-Californias-Lemon-Dog-Laws

When you bring a dog into your family, you assume that you’re getting a healthy animal who will be a buddy and best friend for several years. Unfortunately, sometimes things don’t work out the way you hope. Instead of a pet who will go on hikes and give you comfort, your new dog develops health problems that ruin your financial stability.

If you find yourself in this situation, you might want to look into California’s dog lemon laws.
California is one of 22 states that currently have lemon laws in place that are designed to protect pet owners. They are surprisingly similar to vehicular lemon laws.

What are California’s Lemon Dog Laws?

The purpose of California’s lemon dog laws is to protect you from the financial headaches that go hand in hand with inadvertently acquiring a dog ...

Mail Theft in California

Mail Theft in California

L

awmakers aren’t fooling around when it comes to people messing with other people’s mail. The issue of mail theft is explored in US Code Section 1708. It’s important to understand that because mail theft involves the United States Postal Service, a federal agency, mail theft is considered a federal offense. The State of California will likely add a few charges as well.

What is Mail Theft?

If you read US Code 18 Section 1708 you’ll learn that taking any piece of mail that wasn’t sent to you is considered mail theft. It doesn’t matter if the mail is taken directly from a post office employee, snatched from a mailbox, or snuck off a mail truck. It’s all mail theft.

Additional Offenses That Are Frequently Added to Mail Theft Charges

It’s rare for a person to be charged with ju...

The Reality of Unemployment Fraud

The Reality of Unemployment Fraud

Unemployment fraud isn’t new. There have been instances of it dating all the way back to when the system for helping people stay financially solvent after they suddenly lost a job was first created.

The high number of people who were forced to claim unemployment benefits when the pandemic struck the United States, combined with some unexpected unemployment bonuses the government instituted in an attempt to keep the economy running has triggered an interest in unemployment fraud.

In California, you can be charged with unemployment fraud if it’s believed that you knowingly supplied inaccurate information to obtain unemployment benefits you aren’t entitled to. Even if your application isn’t approved, you can be charged with unemployment fraud.

Examples of unemployment fraud include...

Are You Impacted by California’s Mandatory Reporting Law?

Are You Impacted by California’s Mandatory Reporting Law

You just watched your neighbor commit a crime. You know what they did was illegal, but you aren’t sure what you should do about the situation. You don’t want to get anyone in trouble. On the other hand, you know you don’t like the idea of living next to someone who blatantly breaks the law.

Assuming that your neighbor didn’t break a minor law, like jaywalking, it’s in your best legal interest to report the crime to the authorities. The reason for this is simple. If your neighbor gets caught and the police find out that you’ve been turning a blind eye to the situation, you could land in hot water. This is especially true if your neighbor is abusing a roommate/parent/friend, or if they are involved in a child endangerment/neglect situation.

Some people don’t realize that their cho...

Can You Leave the Scene of an Accident?

Can You Leave the Scene of an Accident

You’ve just been involved in an accident. As far as you can tell, it’s not a big deal. You barely bumped the other car’s back bumper. There can’t possibly be any damage to their car so surely it’s perfectly acceptable for you to simply drive around their car and get on with your day.

Wrong.

Leaving the scene of an accident is a very bad move that can land you in serious legal trouble.

As soon as you decide to leave the scene of an accident, you’re considered a hit and run driver. California lawmakers have little patience for hit and run drivers. It doesn’t matter how severe or minor the accident is, if you were involved, you’re legally required to stop your vehicle, survey the damage, and exchange name, contact information, and insurance information with the other driver...

False Allegations of Child Abuse in California

False Allegations of Child Abuse in California

Child abuse laws are designed to protect children from being hurt. They’re good laws that make a lot of sense. Unfortunately, they are also laws that can be used against people, particularly parents who are engaged in a child custody dispute. It’s not unheard of for one parent to accuse the other parent of child abuse in order to obtain full custody of the children. It’s an accusation that can deal a lasting blow to both sides.

While there have been instances of men lodging false child abuse claims against women, it’s far more common for a woman to falsely accuse a man of child abuse. Data collected by the Stop Abusive and Violent Environments (SAVE) indicates that 85% of all child abuse protective orders are filed by men and issued against men...

The Legal Risk of Rolling Stops in California

The Legal Risk of Rolling Stops in California

You approach a stop sign. You step on the brake, slowing your vehicle. You look both ways and see that there’s no oncoming traffic. You drive through the intersection without completely stopping your vehicle. This is called a rolling stop. It’s a traffic violation that can cause you a great deal of grief.

The Problem with Rolling Stops

As a licensed driver, you’ve entered into a kind of unspoken agreement with the State of California that you’ll come to a complete stop each time you’re confronted with a stop sign or red stoplight. The problem with a rolling stop is that they can quickly become a dangerous habit. A large majority of traffic accidents are caused by rolling stops, particularly rolling stops that include a right turn on red...

The Right to Remain Silent

The Right to Remain Silent

We’re all familiar with the Miranda Rights, which basically grants us the ability to not tell the police anything if we’re arrested. While we’ve heard thousands of television cops recite the famous words “you have the right to remain silent” few of us actually know what that means.

What the Right to Remain Silent Really Means

The right to remain silent doesn’t mean that the police can’t question you. The right to remain silent is designed to provide you with a layer of protection in two different circumstances.

If you are in court and under oath, the right to remain silent means you aren’t legally required to say something that could incriminate you in criminal activity. If you do say something, the prosecution can use the confession, even an inadvertent one, against you...

What Happens When the Police Knock on Your Door

What Happens When the Police Knock on Your Door

There is nothing quite as gut-wrenching as opening your front door and finding the police standing on the other side. They never bring good news.

Experiencing a moment of panic and indecision when they ask to be let in is perfectly natural. Questions that will likely run through your mind at this point include:

  • Do they need a search warrant?
  • Should you call a lawyer?
  • Do you have to let them in?
  • Should you shut the door without saying a word?

First, Stay Calm

No matter what happens, it’s in your best interest to stay calm. Losing your temper doesn’t do any good and it could actually make things much more difficult for them.

If They Don’t Have a Warrant

If the police don’t have a warrant, they can ask to search your home, but you don’t have to let them in...