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 a low-risk for not appearing in court and who were deemed a minimal risk to society. They would be promptly released from jail.
On the other hand, someone who is considered high-risk might not show up for their court dates and they’re deemed a threat to society. These individuals would not be released. Eventually, high-risk individuals would get a few moments before a judge, at which point they’d be allowed to explain why the high-risk assessment is unfair.
Individuals who fall into the medium-risk category pose a problem. They might or might not appear in court. And they might, in the right circumstances, be a threat to society. It’s not entirely clear how the courts would be expected to deal with medium-risk individuals, other than some lawmakers stating that cases would depend on the local court’s rules.
Individuals who have been charged with misdemeanors would be exempt from the risk exceptions, though lawmakers are quick to point out that there will be exceptions.
The Problem with Prop 25
At first glance, Prop 25 doesn’t seem like a bad idea. It has the potential to provide individuals with limited income who have created minor offenses with the ability to get out of jail. That’s a good thing, right? Maybe not.
First, even low-income individuals do have the opportunity to be released from jail. If they don’t have the money needed to bail themselves out, they can contact local family-owned businesses like Absolute Bail Bonds where they can take advantage of flexible payment plans that include zero% interest, 20% discounts, and low-payments.
The biggest problem with Prop 25 is that it doesn’t appear that anyone has a good way to run the risk assessments. Fans of Prop 25 haven’t been able to provide much information about how the assessments will be run or how they’ll be evaluated.
The current system provides the court to look closely at each person’s criminal and community history. This information is used to determine how much money is needed to convince the person to stay out of trouble and attend all of their court appearances. The fact that bail can be revoked if the person does violate the terms of their release by engaging with certain people, leaving town, or committing a crime provides further incentive for everyone to walk the straight and narrow path while they wait for their case to reach its conclusion.
The biggest concern with Prop 25 is that while fans of the proposed law are convinced it will work, they’re unable to provide any detailed information about how the risk assessment will be conducted. When you read the bill, all it says is that the risk assessment will use “tools shall be demonstrated by scientific research to be accurate and reliable.”
That sounds a lot like the type of system internet dating sites use, and everyone who has used one of those sites knows that while love matches are possible, most of the connections are massive duds. Does anyone really want to have a bail system that has the same kind of success rate as the average internet dating service?
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. One lawyer estimates that approximately 90% of those that are filed during a divorce and that mention child abuse are a tactical move to gain custody of the children.
California’s family court judges are legally obligated to take all child abuse accusations seriously. The last thing anyone wants is for a child to be hurt because the court failed to act. As soon as one parent accuses the other of child abuse, the court will take action, usually siding with the parent who made the accusation. If you are the one accused of abusing children, you shouldn’t assume that you’re promptly out of luck. You do have to be willing to take a defensive stance.
It’s in your best interest to demand that the court investigate the accusations. Be prepared for this to involve an in-depth and invasive investigation into your background. Court-appointed experts will interview several people which can include:
- Your children
- Family
- Friendly
- Doctors
- Teachers
The process is time-consuming and often frustrating. When you feel impatient, remind yourself that you’re doing this for the good of your child.
The topic of false child abuse accusations in California is addressed in Family Code section 3027. According to the code, once it’s proven that the allegations filed against you were knowingly false, you have the right to seek monetary compensation for your court fees and additional costs that were connected to proving your innocence. The result of the investigation could lead to a significant change in which parent is granted custody of the children.
Mail Theft in California
Lawmakers 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 of 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 just mail theft and nothing else. Identity theft is one the charge that’s most commonly linked to mail theft. Identity theft charges are usually added if the stolen mail included:
- Birthdates
- Social security numbers
- Birth certificates
- Tax I.D. numbers
- Banking/credit card account information
- Death certificate information
- School I.D. numbers
- Driver’s license numbers
Other charges that have been added to mail theft include:
- Assault
- Breaking and entering
- Embezzlement
- Deception
- Fraud
Federal Consequences of Mail Fraud
The government is messing around with mail theft. They want everyone to think twice about what they could lose before they snatch up a piece of unattended mail. If you’re found guilty of federal mail fraud, the maximum sentence includes:
- Up to $250,000 in fines
- Up to 5 years in a federal prison
Getting Charged with Mail Theft in California
California lawmakers are serious about mail theft. Anyone who is caught stealing someone else’s mail will likely find that in addition to dealing with the federal court, they’ll also be charged by the state. California’s Penal Code 530.5e PC states that “every person who commits mail theft, as defined in Section 1708 of Title 18 of the United States Code, is guilty of a public offense, and upon conviction therefor shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment.”
The interesting thing about California and mail theft is that it is one of the only theft type crimes where the punishment isn’t determined by the monetary amount of the crime. The state doesn’t care if you stole a couple of thousand dollars worth of mailed paychecks from your neighbor or if you simply swiped a handful of sales flyers from an unattended mailbag. The consequences will be the same.
What if Mail was Delivered to the Wrong Person?
If a postal employee delivers the someone else’s mail to you, don’t panic and assume that you’re going to be charged with mail theft. This is an honest mistake. It’s also something you need to take care of immediately. As soon as you discover the error, contact the post office, and alert them to the situation. You’ll be instructed on how to return the mail to the post office. What you shouldn’t do is throw the mail away or to put the mail in your neighbor’s mailbox.
Falling Asleep Behind the Wheel in California
We’ve all done it. Gotten behind the wheel and driven when we were tired. Most of the time rolling down the window, cranking up the radio, and indulging in a massive amount of caffeine is enough to get us safely where we need to be. The problem is that some people don’t make it to their destination. Some people fall asleep while they’re behind the wheel and find themselves in serious legal trouble.
The Dangers of Falling Asleep While Driving
People constantly warn us about driving while intoxicated. We know it’s dangerous and know that it’s a serious traffic offense. People rarely discuss the fact that driving while fatigued is equally dangerous. In most cases driving is monotonous. It’s so easy to let your eyes close for a second. That’s all it takes for us to fall asleep and get into a bad accident.
If you’ve ever driven while drowsy you’re not alone. The National Highway Traffic Safety Administration (NHTSA) reports that approximately 100,000 police-reported car accidents involved drowsy driving. It’s estimated that 72,000 of those accidents led to severe injuries and that 1,600 involved fatalities.
How California Handles Drowsy Driving Cases
Each time you get behind the wheel of your car, you’re entering into an unspoken, but legally binding contract with everyone that you’re fit for driving. Getting behind the wheel means that you plan on following all posted traffic laws, that you’ll stay alert, and that you’ll drive defensively. This means you won’t be distracted, you’re not intoxicated, and you’re not fatigued.
Failing to keep up your end of the agreement results in traffic tickets and possibly jail time.
If you’re caught driving while drowsy in California, at best, you’ll get a ticket for reckless driving. According to the state, you’re driving recklessly any time you, “drive any vehicle in a manner that exhibits willful or wanton disregard for the well-being of others on the roadway.” The state considers falling asleep and an example of willful or wanton disregard.
If you’re caught driving while drowsy, the best you can hope for is a traffic ticket that will cost you $145. That’s the best-case scenario. If you caused an accident, injured someone, created an intensely dangerous situation, or did a great deal of damage to someone else’s property, the consequences will be much more severe. The state has the option of sentencing you to 90 days in jail and charging you with a $1,000 fine.
Depending on your driving record, the driving while drowsy episode could result in you losing your license. If you injured or killed someone, you could face both manslaughter charges and a civil lawsuit.
The next time you think about driving while exhausted, you should reconsider and take a nap instead.
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 do 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 chosen profession requires that they report any criminal activity that they have knowledge of. California created Mandatory Reporting laws that require specific professions to report criminal activity. Professionals who are bound to adhere to the Mandatory Reporting Laws include:
- School officials
- Anyone who works in law enforcement
- Social workers
- Members of the clergy
- Firefighters
- Therapists
If you are a member of any of these professions, you’re legally required to report instances of:
- Extreme verbal abuse
- Physical abuse/assault
- Sexual abuse
- Child neglect
- Child endangerment
Failing to obey the Mandatory Reporting Laws means could come at a steep price. If you’re found guilty, you could be sentenced to spending 6 months in a county jail and be charged a $1000 fine.
What if You Discourage Someone From Reporting a Crime
If someone you know has knowledge of an abuse or child endangerment crime, and you convince them to stay quiet, the law can come after you. If found guilty of willfully preventing someone from stepping up and reporting a crime to the proper authorities, you’re looking at a year in jail and a $5000 fine.
Mandatory Reporting Laws Require that You Think Before you Confide in Someone
If you have broken a law or think you know someone who has, you need to be aware that if you discuss the situation with someone who’s profession forces them to report the alleged crime, they will likely have to mention your name. The police will likely be very curious about why you failed to report the abuse right away. It will look better and not put your friends in an awkward position if you report the situation yourself.
Laws Every California Pet Owner Should Know
Owning a pet is a wonderful experience. In exchange for providing for their physical needs, your pet gives you unconditional love and great joy. Pet owners are usually healthier and happier than California residents who don’t own pets.
While there are lots of perks associated with owning a pet, there are also several California pet laws all pet owners need to know.
Your Dog Must Be Properly Licensed
If you own a dog, it has to be licensed. Failing to stay on top of your dog’s license could result in your county charging you a fine. The only dogs who are exempt from the state’s licensing laws are puppies who haven’t turned four months old.
All Dogs Have to be Up to Date With Their Rabies Vaccination
If you own a dog, you’re responsible for making sure it has had a rabies vaccination. In some areas, they have to get a rabies vaccination every year. In other areas, you can go for three years between the vaccine. The vaccine has to be given by a certified vet. Without proof of the rabies vaccination, you can’t purchase a dog license.
You Can’t Abandon Your Pet
Once you accept responsibility for your pet, you are expected to keep the pet for the rest of its life. If you can’t you need to rehome it. You’re not allowed to simply abandon it. If you’re caught abandoning an animal, you will face animal cruelty charges.
You’re Responsible for your Pet
You’re expected to be in control of your pet at all times. If your dog ruins someone’s personal property or bites someone, it’s your fault. Civil charges can be brought against you.
California’s Spay/Neuter Laws are Changing
California lawmakers have become increasingly aware of the pet overpopulation problem in their state. They hope that tougher spay/neuter laws will reduce the number of strays animal control deals with each year. All shelters are required to provide proof that the animals they’re putting up for adoption have been spayed or neutered.
California’s pet laws are constantly changing. If you own any type of pet, it’s in your best interest to routinely review both local and state pet ownership laws.
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.
The History of the Miranda Rights
The Miranda Rights take their name from Ernesto Arturo Miranda. He was arrested in 1963 and placed in a line-up. The victim selected Miranda. When the police questioned him, he confessed to the crime. It looked like an open and shut case, when in fact, it turned into a case that forever changed police procedure in the United States.
After Miranda was found guilty of raping and kidnapping, his attorney argued that the case should have been thrown out because Miranda was never told that he had the “right to remain silent.” Instead of ignoring the claims, the case, along with three similar cases, made it to the Supreme Court. In 1966, the Supreme Court ruled that in situations like the one Miranda found himself in, the police can’t use a confession unless the accused has first been advised of their right to remain silent and reminded that if they confess, the confession can be used against them during the court case.
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. In this type of situation, the right to remain silent is commonly referred to as Taking the Fifth.
The second situation where the right to remain silent comes into play is if you’re being deposed by the police. They’re allowed to question you, but you don’t have to say anything that could be considered a confession to a crime.
When do the Miranda Rights Come into Play?
The police are supposed to read you your Miranda Rights as soon as they make a move to take you into custody. Being taken into custody means that you don’t have the ability to leave when you decide that you’ve had enough. You’re right to remain silent kicks in as soon as the police put handcuffs on you, which is why it’s important to remain cool, calm, and collected while they drive you to the police station. You don’t want to lose your temper while you are in the back of the car that could be used against you.
The Legal Consequences of Public Fighting
Street fighting, barroom brawls, and throwing a punch at a guy who steals your parking space. In the movies, these things never seem like a big deal. The worst thing that ever seems to happen to the characters who are involved in public fighting is that they spend a few hours in jail.
Sadly, real-life doesn’t mirror the movies. California has public fighting laws. If you’re busted for public fighting in California, you’ll face serious consequences.
What is Public Fighting?
California considers public fighting to be a disturbing the peace crime. The issue is addressed in the Penal Code 415. When you read PC 415 you’ll discover that it doesn’t take much for an officer to decide that you’re in violation of the law.
PC 415 states that you can be charged with disturbing the peace if you’ve:
- Challenged another person to a fight while in a public place
- If you get into a fight with a person while in a public place
- If you’ve deliberately and maliciously used a loud noise to disturb someone
- If you’re caught using malicious language or words that are designed to hurt or provoke someone while you were in a public place
What is a Public Place?
Most people know that bars, schools, government buildings, and sporting complexes are public places. The problem is that some people don’t know about other areas, such as a lawn, driveway, or cornfield. Can you be charged with disturbing the peace if you get into a fight while standing in someone’s front yard?
According to USLegal.com, a public place is, “A public place is generally an indoor or outdoor area, whether privately or publicly owned, to which the public have access by right or by invitation, expressed or implied, whether by payment of money or not, but not a place when used exclusively by one or more individuals for a private gathering or other personal purpose.”
The Consequences of Fighting in Public
The consequences of fighting in public are difficult to determine because in addition to the disturbing the peace charge, additional charges, such as assault, can also be filed against you. However, according to PC 415, if your public fight only resulted in a disturbing the peace charge, the potential consequences can include:
- Serving up to 90 days in a county jail
- Having to pay a $400 fine
- It is worth noting that public fighting should only result in a disturbing the peace charge if you were an instigator. You shouldn’t be found guilty if you acted in self-defense.
- California states that you can use self-defense in a public fighting charge if:
- You reasonably anticipated that you anticipated suffering bodily harm
- You honestly believed that protecting yourself required the use of force
- You didn’t use any more force than what was absolutely necessary to defend yourself
You can claim that you acted in “self-defense” when you were trying to protect someone else from harm.
Understanding California’s Labor Laws and How They Impact your Paycheck
It doesn’t matter if you’re an employee or an employer, it’s important to understand California’s labor laws. The problem most people encounter is that the state hasn’t gone out of its way to break these laws down in a way that is easily researched or understood.
Minimum Wage
California is a bit peculiar because instead of creating a flat minimum wage that covers everyone, California has two different minimum wages. The first is $13. The second is $12. The amount of minimum wage an employer pays is based on the size of the business.
The problem with this system is that it urges California employers to keep the number of employees under 24 which can often discourage them from trying to expand their business or to take on additional employees during the times that they are busy.
The extra $1 an hour gives large employers an edge when they’re hiring. Getting paid an extra $1 an hour is a big enough difference that it can cause individuals who are in the process of looking for a job to automatically reject any business that isn’t required to pay the full $13 an hour in the minimum wage.
Further complicating the process is that many cities and counties have a local minimum wage requirement. A perfect example of this is San Francisco where the minimum wage is $15 an hour.
The State mandates that anyone who works over 40 hours a week must be paid an overtime rate that is 1.5 times their regular hourly amount.
Paid Training
There was a time when some businesses felt that they didn’t have to pay employee trainees. This made it impossible for novice employees to earn a living during the training phase, especially if the training took weeks to complete.
California law states that if an employee is getting trained and is 20 or younger, the employer must pay them at least $4.25 an hour. The maximum amount of time the employee can be paid a training wage is 90 days.
Minimum Wage and Students
California lawmakers recognize that many full-time students have to work, but they also realize that working around a student’s schedule can create some interesting problems for employers. In an attempt to encourage employers to hire full-time college and high school students, the employer only has to pay 85% of the minimum wage. This amount is good for 20 hours of work per week.
Full-time high school or college students who work part-time may be paid 85% of the California minimum wage (as little as $11.05 per hour) for up to 20 hours of work per week at certain employers (such as work-study programs at universities).
Employers are required to post wage requirements in a highly visible area.
In addition to a minimum wage, your employer also has to meet California OSHA safety standards and provide time for state-mandated breaks.
Staying Safe During California’s Wildfire Season
Each year, California has wildfires that attract national and sometimes even international media attention. The various media channels like to talk about what might have caused the wildfire, how big it’s gotten, and how teams are desperately working to fight it, as someone who lives in California, you’re first priority is doing everything possible to keep yourself and your loved ones safe during this year’s wildfire season.
Prepare Early
Don’t wait until you can hear the roar of the wildfire bearing down on you to start preparing. Wildfires spread quickly and they can also start quickly. Don’t wait until you’re in a high-risk area to start preparing for a wildfire. As soon as you move to California, you need to create start preparing for the possibility of a fire.
Early California fire preparations include:
- Turning your property into a defensible space
- Having an evacuation plan in place
- Keeping your vehicle prepped in case you have to evacuate
- Having a bag packed with life essentials in case you need to evacuate
- Making sure your personal property is covered by property insurance
Creating a Defensible Space
You want to surround your property with a defensible space. This space serves as a buffer between an approaching fire and your home. The space shouldn’t have any items or vegetation that’s likely to burn. The defensible space should extend at 30 feet past your house.
Packing Evacuation Supplies
You don’t have enough room in your car for all of your personal belongings. Limit what you need to one bag per person. Most of the time you can keep his bag in your closet, but if it looks like there is a chance that you’ll have to evacuate, stow the emergency fire bag in your car. Fire moves quickly so each second you save is important.
Items you should have in your emergency fire evacuation bag include:
- A change of clothing
- Cash/credit cards
- An extra charger for your cell phone
- The contact information for your insurance company
- A first aid kit
- Any medication you take
- Water
- Food
- A flashlight
Keep Tabs on your Neighbors
Fire doesn’t care who it hurts. It’s up to you to keep in touch with your neighbors and make sure that they’re able to protect themselves from a wildfire. Whenever possible, offer to help them evacuate. Taking a few seconds to contact your neighbor’s emergency contact, or helping load up their car helps save lives.
Prepare your Pets
You can’t afford to forget about your pets during an emergency fire evacuation. They can’t fend for themselves. You should also be prepared for even the most docile pet to become stressed as you evacuate. They might not understand exactly what is going on, but they do know that a fire is approaching and that you’re stressed.
Lock your pets in a different part of the house while you prepare to evacuate. This prevents them from bolting out the door and getting lost while you’re packing up your vehicle. When you’re ready to load your pets in the car keep them leashed or in a carrier. Don’t assume they will just follow you. Each time you stop the car for gas, make sure your pets are restrained before you get out of your car.
It’s a good idea to get your pet micro-chipped and to write its name and your phone number on their collar before you evacuate.
Before you drive away from your home, take a couple of seconds to double-check that all people and pets are loaded in your car.