How Misdemeanor Probation Works in California
It’s not at all unusual for a California judge to sentence a person to misdemeanor probation rather than actual jail time. This doesn’t mean that you’ve gotten away with anything. It simply means that the judge considers you a low-risk criminal offender and that it makes more sense for you to remain at home instead of spending a few months in a jail cell.
Don’t assume that since you’ve been sentenced to misdemeanor probation, you’re free to do whatever you want. There are still a few rules and requirements you’ll have to follow.
Misdemeanor probation is a sentencing option for most California misdemeanors. Judges frequently use it when the case involves a juvenile or adults who are first-time offenders. The idea behind misdemeanor probation is that it’s not a punishment for a crime but a chance for you to receive some rehabilitation and learn from your mistakes so you don’t find yourself on the wrong side of the law again.
California judges have the option to sentence you to anywhere from one-five years of misdemeanor probation. While five years of probation is on the table, it’s highly unusual for anyone to receive more than three years. While each case can differ, most misdemeanor probations include the following:
- Paying court fines and any restitution connected to the case
- Possible counseling sessions
- Community service
- Drug/alcohol counseling and testing when appropriate
You will be required to periodically appear in court while you’re serving probation for routine progress reports.
While the vast majority of people are delighted to be sentenced to misdemeanor probation rather than actual jail time, every once in a while, someone will reject the judge’s offer of probation. Reasons you may choose to decline probation include the following:
You would rather spend a few months in jail than a few years on misdemeanor probation.
You want to serve some jail time and put the entire matter behind you
You’re worried you won’t be able to stick to the terms of the misdemeanor probation and will ultimately violate probation and be in even more legal trouble
The last thing you need to know about misdemeanor probation in California is that it is possible to violate the terms of your probation.
If you get in involved with a misdemeanor parole violations, the possible repercussions include the following:
- Having your probation time extended
- Being required to pay yet more fines
- Losing your ability to have your conviction expunged from your record
- Possible jail time
Suppose you have been sentenced to misdemeanor probation in California. In that case, it’s in your best interest to meet with your lawyer immediately so they can explain precisely what requirements you must adhere to during your probation time and how to successfully navigate the probation process.
Are Yard Sales Legal in California?
Yard and garage sales are an excellent way to clear your home of clutter and to generate some extra money.
The good news is that California doesn’t have any laws that restrict you from having a yard or garage sale. As far as the state is concerned, they’re perfectly legal. However, that doesn’t mean you’re free to move your stuff into your front yard and start selling it.
While the state doesn’t have any rules governing yard and garage sales in California, many local branches of government do. In addition, several California cities don’t forbid yard and garage sales but have rules you’ll have to follow when you decide to sell your unwanted items.
Some cities and townships require a permit for yard and garage sales. The good news is that these permits aren’t challenging to acquire and don’t cost much. The best way to obtain a permit for a yard or garage sale in California is to visit your city clerk’s office. You can do this in person or online.
The biggest restriction most cities/townships place on garage and yard sales is the number you can have during a given period. Pasadena is a city that has such a restriction. You’re allowed to sell your items via a yard or garage sale, but if you live in Pasadena, you can only have a maximum of four garage sales annually. One of the ways you can get around this is by connecting with a few neighbors or friends and having joint yard sales.
While the state of California doesn’t restrict your ability to have a yard or garage sale, they do have some rules about what you can sell during the event… or rather, what you’re not allowed to sell. Three specific things that are prohibited are:
- Alcohol
- Ammunition
- Firearms
Food sales are also heavily regulated.
Many cities have rules about selling certain chemicals, such as pool supplies, at yard sales. It’s also common for some items like hot tubs and large appliances aree banned by the city.
Summertime Pet Safety Tips
Summer is just around the corner. Before you know it, we’ll be wearing our favorite shorts and tank top combinations, spending long days at the beach, and making ice cream cones a part of our daily life. Summertime is the time when we strive to make great memories. Most of us want to include our pets in our summertime experiences, so now is the perfect time to review summertime pet safety tips.
Don’t Let Your Pet Overheat in Your Car
Pet owners’ biggest challenge during the summer is the desire to bring their pets everywhere. However, the fact that your dog loves to go for car rides can make it difficult to tell them they must stay home. The problem is that the temperature inside a parked car quickly climbs to deadly levels for a dog that can’t free themselves from the hot car. This is why if you’re out of the car and unable to bring your dog, you should leave them home.
Some people want to skirt the issue of having a dog in the car by leaving their car running so the air conditioning keeps the dog cool. The problem with this plan is that a running car is very tempting to car thieves who will quickly let your dog out (or take the dog if it’s friendly) and steal it.
If you know that you’ll have to leave your dog alone in your car during the summertime, the safest and kindest thing you can do is leave your pet at home.
Hot Concrete Leads to Severely Burned Paws
Every summer, veterinarians care for pets, especially dogs with badly burned paws. In many cases, the cause of the burns was walking on a hot sidewalk. Unfortunately, since dogs are stoic, the owners didn’t realize how hot the sidewalk was and how badly their dogs were hurt until the damage to their paws was extensive.
Before each walk, find a patch of sunlit sidewalk and hold the back of your hand to it. If you can’t keep your hand on the concrete for thirty seconds and remain comfortable, it’s too hot to walk your dog. Wait until the sun starts to set.
Encourage your dog to walk on the grass whenever possible.
Learn the Early Warning Signs of Heat Stroke in Your Pets
As a pet owner, it’s in your best interest to learn the early warning signs that your dog is potentially starting to suffer from heat stroke so that you can take preventative steps before the condition worsens.
Early warning signs include:
- Extremely heavy panting
- Heavy drooling
- They are restless
- Actively looking for shade and water
- They’re starting to vomit
- Their tongue and gums are turning bright red
- Their heart rate and respiration rate have climbed
As soon as you notice the early warning signs of heatstroke in your pet, you must get them out of the sun and into a cool or shaded area. Offer them small sips of water. Use cool, but not ice-cold water, to lower their temperature. Then, as soon as possible, take them to the vet for an exam.
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Employment Scams You Need to Be Aware Of
Everyone talks about phone scams, dating scams, and internet scams. Somehow, employment scams slide under the radar.
Employment scams are interesting because few people see them coming.
What’s the Point of an Employment Scam
There are three main reasons that employment scams exist.
Making Fast Money
Some people will launch an employment scam because they want to make money. These types of employment scams are especially common with virtual positions. The way they work is that the person offers a job, but they charge some type of fee, usually in the form of a sign-up fee. The scam’s creator pockets the money and is never heard of again.
Gaining Personal Information
A surprising number of employment scams are designed to gather personal information that can be used for identity theft. These employment scams can happen virtually or in person. They’re effective because no one thinks twice about providing a great deal of information, including addresses, social security numbers, and even banking information, when they are in the process of transitioning to a new job.
Acquiring Free Labor
Probably the most common type of employment scam is the one designed to acquire free labor. The job exists, and the new hire does the work, but for some reason, a paycheck never materializes. The problem that many people face with this type of employment scam is proving that they were, in fact, told that they were going to get paid.
How to Avoid Employment Scams
While it might be impossible to completely avoid employment scams, there are some things you can do to limit the amount of contact you have with them.
Use a Reputable Source to Find Job Listings
Many of us use websites to learn about available jobs. These sites are great for seeing what’s available and comparing one job posting to another. The problem is that some of the job search sites are legit, and some are not. Stick to the sites that have a reputation for pairing people with jobs. If you’ve never heard of a site before or can’t find proof that anyone you know has ever used it, stay away from the jobs they have posted.
Research the Company
Before sending in your application, set aside some time to research the company. Most of job search sites include reviews that are written by people who have been employed by the business. The great thing about these reviews is that not only do they confirm that it’s an authentic business, but it also provides you with some useful insight into the business’s working conditions and allows you to decide if it’s a place you really want to work.
Does it Sound too Good to Be True
If a job is promising you great hours, minimal effort, and extraordinary pay, you should approach it with caution. While there are some really great jobs out there, the general rule of thumb is that if it sounds too good to be true, it is probably a scam.
What Is the Difference Between Assault and Battery in California
If you think that assault and battery are the same thing, you’re mistaken. In California, assault and battery are two different crimes. The reason so many think they are the same charge is that it’s not uncommon for a person to be simultaneously charged with both, which means they’re linked in police reports and media write-ups.
According to California law, you’re guilty of assault if you commit an act that convinces the victim that they are in danger of either harmful or offensive contact. Battery is what happens when you actually carry through with the act. The way the laws are written, it’s quite common for someone to be charged with both assault and battery.
What Happens if You’re Charged with Assault
In order to be convicted of assault in California, you must have done something that indicated an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” The way the law is currently written, as long as the intent is there, you can be charged with assault even if you ultimately fail to go through with the act.
If you’re convicted of simple assault, the maximum sentence involves a $1,000 fine and/or up to six months in a county jail. If the assault involved a deadly weapon, you could be sentenced to as much as four years in a state prison and also be ordered to pay up to $10,000 in fines.
What Happens if You’re Convicted of Battery
Battery is one of California’s wobbler offenses which means that the circumstances surrounding the incident determine whether you’re charged with a misdemeanor or a felony.
In California, battery is any willful and unlawful use of force or violence upon the person of another. What this means is that if you threaten to hurt someone and don’t go through with the act, you cannot be charged with battery. On the other hand, if you go through the act and by some lucky chance the victim doesn’t get injured, you can still be charged with battery because you went through the with the intended action.
If you’re convicted of misdemeanor battery, you can be ordered to pay as much as $2,000 in fines and serve six months in prison. If you’re convicted of felony aggravated battery, you’ll be sent to prison and ordered to pay even larger fines. It’s likely the victim will also file a civil complaint against you.
Can I Be Arrested and Lose My Driver’s License for Speeding
The sight of blue lights flashing in the rearview mirror and the realization that you are going way above the posted speed limit causes everyone to break out in a cold sweat. The faster you’re going, the more likely it is that you’ll find yourself spontaneously worrying about things like, can I be arrested and lose my driver’s license for speeding in California?
Technically, the answer is no. Speeding by itself isn’t a criminal offense, but that doesn’t mean that a traffic stop that starts out as a speeding offense won’t end in an arrest.
The first thing the office is going to want to know is whether you’ve been drinking. They will make a quick assessment of this as soon as they approach your car and start speaking to you. If they smell alcohol or feel that you’re behaving like you’re under the influence, they will conduct a field sobriety test. If you fail, you’ll be arrested. If you’re convicted of a DUI in California, you will lose your driver’s license for a period of time. How long you’re driving privileges are revoked depends on the judge’s sentence and whether it’s your first DUI.
If the officer happens to see something illegal, such as a weapon or drug paraphernalia on your passenger seat, they can use this visual evidence as an excuse to search your entire car. If they find additional illegal items, you’ll be arrested.
One of the most common reasons for a person to be arrested after they’ve been pulled over for speeding is a bench warrant. After they pull you over, the police run a quick criminal background check. If this background check reveals that you have an outstanding bench warrant, you’ll be arrested and required to deal with whatever matter the bench warrant involves.
While you can’t be arrested for speeding in California, the police do have one trick up their sleeves. If they feel that your speeding or the manner you were driving was reckless. While not all reckless driving ticket result in an arrest, the officer does have the right to arrest you if they feel that you’re driving in a manner that’s a danger to society. In California, reckless driving is a misdemeanor. The first time you’re convicted of reckless driving, you could be sentenced to spend up to ninety days in a county jail and fined up to $1,000.
What Most People Are Arrested for in California
There are many different crimes a person can be charged with. Interestingly, there are some charges that no one ever seems to be charged with and other charges that the California courts handle every single day.
Here are the crimes that most people are arrested for.
Drug Related Charges
You could face many different types of charges if you’re caught with drugs, but all of them are lumped together as drug crimes.
Some people are arrested and charged with a drug-related offense because they were a person of interest in a police investigation, which ultimately turned up enough evidence to justify an arrest.
In other cases, the person makes a mistake, such as having drugs in plain sight during a traffic stop and getting charged with a crime.
Larceny
Larceny, or as it’s also called, petty theft, is a common charge. While people commit larceny throughout the state, the largest concentration of larceny charges tends to be in areas that are struggling economically. The reason for this is that the average person steals because they’re desperate for money to help them cover their living expenses.
To be charged with larceny rather than a more serious burglary charge, the incident could not have involved the use of force, and you could not have used coercion during the crime. You’ll face significantly more serious charges if there is even a hint of violence.
Driving Under the Influence of Drugs or Alcohol
Despite all the warnings and public service announcements, DUIs are still a huge problem in California. If you’re caught driving while under the influence of alcohol or drugs, you will be charged and arrested. It’s extremely difficult to fight a DUI charge. Once you’ve been convicted, you’ll have a criminal record, be unable to drive for a period of time, and face some heavy fines. It’s even possible that you’ll be sentenced to some jail time.
Homicide and Other Gun Related Charges
One of the interesting things you discover when you look at California’s current crime-related statistics is that when you compare the crime rate of 2021 to 2019, some crimes dropped. The number of robbery-related crimes showed significant change, dropping a full 15.8% in 2021. While the decrease in robberies was good, the increase in gun-related crimes, including homicides, was significantly more alarming. During that same time frame, homicides and aggravated assaults that involved the use of a firearm increased by 52% (homicides) and 64% (aggravated assaults.)
Jaywalking is Legal Again
Did you know that you can legally jaywalk in California?
That’s right; you’re free to cross the road whenever you feel like it, even if you’re not in a crosswalk. You can even do so right in front of a police officer, and they won’t be able to stop you or issue a ticket. How cool is that?
You should know that this newfound freedom to jaywalk to your heart’s content does come with a catch. Jaywalking in California is legal, provided you’re able to do so in a manner that’s considered safe.
Jaywalking in California became legal in January of 2023 when California’s CVC 21955 went into effect. When you read through the law, you’ll discover that jaywalking is perfectly legal in California, provided that you’re not in a collision while you’re jaywalking. The idea is that you are expected to pay attention and use good judgment before you walk across the road. If there is a reasonable chance that you’re jaywalking could result in a collision, either with you, another car, or even a pole/sidewalk/mailbox/etc. You will be the one who gets into trouble.
If you’re caught jaywalking in a spot where your action could trigger a collision, you will be issued a ticket. The base cost of the ticket is $196, but there will also be state fees, local fees, and assessments added to the ticket, meaning that you’ll owe significantly more than $200.
Have you enjoyed your new jaywalking privileges yet?
The Danger of Fentanyl | Fentanyl Awareness
When fentanyl was first starting to generate some media attention, the synthetic opioid was a good thing. It was a popular and extremely effective method to treat extreme pain. Doctors commonly prescribed it post-surgery, and patients with advanced cancer often used it to help control their pain. When used in a medical setting and under close supervision, fentanyl is a good thing.
The problem is that illicitly manufactured fentanyl isn’t used in a medical setting.
Fentanyl is extremely popular amongst the manufacturers of illegal drugs because it’s similar to heroin but even more potent. It is extremely common for heroin, meth, and cocaine to be laced with fentanyl. The addition of fentanyl enhances the effect of the other drugs. According to narcotics experts, fentanyl is 50 times more potent than heroin. The addition of fentanyl makes the other drugs extremely popular on the street and allows dealers to charge a premium. The problem is that fentanyl also makes the drugs more dangerous.
The CDC estimates that 150 people suffer a fatal fentanyl overdose every single day.
The symptoms of a fentanyl overdose are:
- Extreme nausea
- Confusion
- Repressed breathing
- Constricted pupils
- Choking sounds
If help is not received shortly after the first signs of a fentanyl overdose, the victim will lose consciousness and stop breathing. If they still don’t receive help, they will pass away. If you are near someone who has taken a suspected fentanyl overdose, calling the paramedics and dosing the victim with Narcan can help them survive the experience. According to LiveScience, Narcan is an effective treatment for fentanyl overdoses, but in 89% of the cases, more than one dose was required.
One of the reasons fentanyl is so dangerous is that some people don’t realize that they are using drugs that are laced with fentanyl or the fentanyl amount is higher than anticipated. The best way to detect the presence of fentanyl in drugs is to use fentanyl test strips which are relatively inexpensive and provide results in approximately five minutes. While the test strips are highly effective when determining if a supply of heroin or cocaine is laced with fentanyl, they won’t provide you with information about other popular and dangerous additives such as carfentanil.