Consequences of Reckless Burning in California
Finally, it’s summertime! Between the increased daylight hours and warmer weather, you’re finally able to do all of your favorite outdoor activities, including having your friends over for a bonfire.
Before you strike a match, you need to make sure you’ve taken the proper steps so that you don’t find yourself dealing with a reckless burning charge.
California’s Penal Code 452 PC exists exclusively for people who either start an illegal fire or who are reckless with fire. The law prohibits you from randomly setting fire to:
- Structures
- Property
- Forest land
The way the law is written, even if you don’t deliberately set fire to something, but simply have a campfire, you can still be charged with being reckless with fire if you fail to follow basic protocols and the fire gets out of control.
Penal Code 452 PC states:
“A person is guilty of unlawfully causing a fire when he recklessly sets fire to or burns or causes to be burned, any structure, forest land or property.
(a) Unlawfully causing a fire that causes great bodily injury is a felony punishable by imprisonment in the state prison for two, four, or six years, or by imprisonment in the county jail for not more than one year, or by a fine, or by both such imprisonment and fine.
(b) Unlawfully causing a fire that causes an inhabited structure or inhabited property to burn is a felony punishable by imprisonment in the state prison for two, three, or four years, or by imprisonment in the county jail for not more than one year, or by a fine, or by both such imprisonment and fine.
(c) Unlawfully causing a fire of a structure or forest land is a felony punishable by imprisonment in the state prison for 16 months, two or three years, or by imprisonment in the county jail for not more than six months, or by a fine, or by both such imprisonment and fine.
(d) Unlawfully causing a fire of property is a misdemeanor. For purposes of this paragraph, unlawfully causing a fire of property does not include one burning or causing to be burned his own personal property unless there is injury to another person or to another person’s structure, forest land or property.
(e) In the case of any person convicted of violating this section while confined in a state prison, prison road camp, prison forestry camp, or other prison camp or prison farm, or while confined in a county jail while serving a term of imprisonment for a felony or misdemeanor conviction, any sentence imposed shall be consecutive to the sentence for which the person was then confined.”
If you’re charged with basic reckless burning of personal property, you’re dealing with a misdemeanor crime. The maximum sentence is 6 months in a county jail and/or a $1,000 fine.
The situation goes from bad to worse if a building or forestland was impacted by your fire. When buildings and forest land are involved, reckless burning in California becomes a wobbler offense. At this point, it’s often referred to as reckless arson.
When you create a forest fire and are only charged with a misdemeanor, the maximum sentence you face is six months in a county jail and/or a $1,000 fine. However if the fire involved an inhabited structure or property, you face a felony charge which carries a sentence of 2, 3, or four years in a state prison.
If someone was injured as a result of your fire, the sentence can include up to six years in a state prison.
If you have any intention of lighting any type of fire this year, it’s in your best interest to be safety conscious and to have all of your safety equipment/tools on hand before you start burning.
Early Warning Signs of Heat Stroke
The longer, warmer days inspire all of us to spend more time outdoors. The problem is that the hotter it gets, the greater the risk of heatstroke.
The problem many people discover is that while there are warning signs that they’re starting to overheat, most either ignore these signs or fail to recognize them for what they are until it’s too late. Make this the year that you sit down and familiarize yourself with the early warning signs of heatstroke. You’ll find that knowing when you’re overheating improves your overall health and how much you enjoy the summer months.
Headaches are often the first sign that you’ve been out in the sun and heat too long. They can also be a sign of dehydration so going indoors and drinking a tall glass of cold water as soon as your head starts to throb can solve both issues before they become serious health concerns.
Keeping a mirror tucked into your pocket while you’re outside isn’t a bad idea. You can use it to keep an eye on your complexion. If you notice you’re becoming flushed, you should either get inside or at least to a nice shady patch so you can cool down a bit.
If your skin feels hot, tight, and dry, you immediately need to take steps to cool down. The fact that you feel hot but aren’t sweating isn’t a good sign. The longer you ignore the state of your skin, the greater the risk of you developing full-blown heat stroke.
Do you feel your pulse pounding in your throat or your heart hammering in your chest? This is often a sign that you’ve developed heatstroke. You need to immediately get out of the sun and start slowly cooling yourself down. If your heart rate doesn’t start to slow down after a few minutes, you’ll want to seek medical assistance.
The hotter you get, the more confused you’ll feel. Things like agitation, sudden irritation, delirium, and slurred speech are signs of advancing heat stroke. Seek medical attention.
Stay cool and healthy this summer!
Avoiding Road Rage in California
Road rage is a serious problem and it doesn’t show signs of getting better. According to the American Automobile Association, approximately 200 murders and 12,000 deaths over seven years were linked to road rage incidents. The NHTSA reported that 66% of traffic fatalities were the direct result of aggressive driving and road rage. The Zebra conducted a study in 2019 that revealed that 82% of drivers committed an act of road rage.
While you may not be able to avoid road rage altogether, there are some things you can do to reduce the number of road rage incidents you’re linked to.
Avoid driving when you’re already on edge.
The more irritated you are when you slide behind the wheel, the greater the odds are that you’ll experience road rage during your commute. Try to calm yourself down before driving. Once you’re on the road, take deep breaths and listen to soothing music or an uplifting podcast.
Give yourself plenty of time to reach your destination. The tighter you are on time, the more recklessly you’ll drive and the more irritated you’ll be at other drivers. Giving yourself a good amount of time to safely reach your destination is one of the best ways to avoid road rage incidents.
Carefully choose your route before you leave. If you know you’re already irritated, choose a route that has the least amount of traffic on it. The fewer cars you encounter on your drive, the more relaxed you’ll be.
Let things go while you’re driving. There will be days when things happen that irritate you. Rather than letting them get under your skin and prompt you into doing something you’ll regret. Take lots of deep breaths, practice defensive driving techniques, and focus on all the good things that are happening around you.
When you encounter an angry driver, don’t engage with them. Stay defensive and let them go ahead of you. Don’t match their aggressive behavior with aggressive moves of your own.
Providing False Credit Card Information
There are times when we could all use a little extra money. Adding an additional line of credit to our lives seems like a good way to get it. The problem is that if you’re already overstretched, the credit card companies will likely reject your application. This can prompt some of us to consider providing false credit card information.
Before you start to provide someone with false credit card information you should know about Penal Code 484f PC. This is the law that outlines the consequences of providing false credit card information in California.
The law states: “(a) Every person who, with the intent to defraud, designs, makes, alters, or embosses a counterfeit access card or utters or otherwise attempts to use a counterfeit access card is guilty of forgery.
(b) A person other than the cardholder or a person authorized by him or her who, with the intent to defraud, signs the name of another or of a fictitious person to an access card, sales slip, sales draft, or instrument for the payment of money which evidences an access card transaction, is guilty of forgery.”
If you think providing false credit card information is something that only happens when people lie on credit card applications, you’re wrong. While there are lots of people who do lie when they apply for credit cards, there are many different ways a person can violate the law.
Examples of providing false credit card information include:
- Creating fake debit/credit cards
- Using a friend/family member’s credit card without first getting their permission
- Providing a store with a fake credit card number
- Doing something to alter the numbers on a credit/debit card
Providing false credit card information is a wobbler offense. The circumstances surrounding the incident and the amount of money involved are used to determine if you’ll be charged with a misdemeanor or a felony. If you’re convicted of misdemeanor falsifying credit card information, the maximum sentence is one year in jail and restitution. In felony cases, the maximum sentence is three years in prison.
In most cases, providing false credit card information is just one of the charges you’ll have hanging over your head. Additional charges usually connected to this type of crime usually include forgery, petty theft, stealing a credit card, etc.
What Happens if You Ignore a Subpoena in California?
One of the mistakes some people make when they witness a crime is assuming that since they weren’t actively involved in the crime, they don’t have to be involved in the investigation or trial. This attitude causes some people to ignore a court subpoena. If you’ve been issued a subpoena, you should know that ignoring it is a mistake that will likely result in you getting into legal hot water.
Subpoenas are a very important part of the state’s justice system. To make sure people like you don’t ignore a subpoena, laws have been passed that make ignoring a subpoena punishable. If you’re convicted, you could spend some time in jail.
Many subpoenas are issued because you are a witness and the case depends on your testimony. If you fail to make your court date, the judge will request a Proof of Service document. If this is requested, the next step is issuing a body attachment which is more commonly referred to as a bench warrant. If you’re pulled over for a routine traffic stop, have to call the police for some reason, or the police simply knock on your door, you’ll be arrested immediately.
One of the interesting things about charges related to ignoring a subpoena is that this is one of the Bail Warrant crimes. This is a big deal because it means that once you’re arrested, you aren’t going to be released from jail until your case involving not obeying a subpoena case has been concluded.
Considering how long you could be potentially sitting in a jail cell for ignoring a subpoena, it makes more sense to rearrange your day and simply appear in court rather than pretending you never saw the subpoena.
Graduation Parties and Underage Drinking
Finally! It’s graduation season. For many students and parents, this is a day they’ve been waiting for their entire lives. They’re finally putting high school behind themselves once and for all and allowing themselves to focus on the future.
If you’re a graduating senior or someone who just likes to hang out with a group of senior friends, remember that while you’re allowed to have a good time and enjoy life, you aren’t legally allowed to consume alcohol in California. The fact that you’ve graduated from high school doesn’t matter. In California, you’re not allowed to drink until you turn 21. Getting caught consuming alcohol at a graduation party prior to your 21st birthday can have an immediate negative impact on your future.
One of the first things you need to realize is that you don’t have to be caught actually drinking in order to get into trouble for consuming alcohol when you’re still underage. If you’re surrounded by beer bottles, have a drink in your hand, or simply drank a little bit, you’re still going to be in trouble with the law. California has a zero-tolerance policy when it comes to minors and drinking.
The consequences of getting caught drinking at a graduation party while you’re a minor are both scary and expensive. In most cases, the judges will order you to pay fines and do substantial community service. In some situations, especially if this isn’t the first time you’ve been caught drinking while still a minor, the judge will decide that you should spend some time in jail.
You’re bad decision to drink at a friend’s graduation party even though you were a minor will likely result in you losing your driving privileges for a time. It doesn’t matter that you were smart enough to avoid driving after you were drinking. If you’re caught buying alcohol, using a fake ID to get alcohol, or being in possession of alcohol, your driver’s license will likely be suspended. Not only does this mean you have to beg for a ride whenever you want to hang out with friends, but it also makes getting a summer job more difficult. When you are finally able to drive again, you’ll likely have to pay a significantly higher insurance premium.
An increasing number of colleges are starting to crack down on minors who get caught with alcohol. There have even been reports of scholarships being withdrawn and application approvals getting rescinded.
Considering the long-term impact a single drink can have on your future, it’s in your best interest to avoid alcohol this year while you’re celebrating graduations.
Does Rehab Reduce Your Sentence in California
No one wants to go to prison. As soon as someone is initially booked and arrested, they suddenly realize how massive an impact a guilty conviction will have on their future. They often start wondering what they can do to make themselves look good and potentially reduce their sentence.
In drug and alcohol-related crimes, it’s common for the person to wonder if going to rehab prior to their conviction could result in a reduced sentence.
There is no black and white answer. Sometimes, going into rehab will lead to a reduced sentence. Other times, going into rehab won’t have any impact at all.
The biggest advantage to going into rehab before you’re officially sentenced is that the act of entering into treatment shows that you are serious about changing your life and that you have already taken the first steps. Many judges will likely take this obvious desire to change into consideration, particularly if this is the first time you’ve been in trouble with the law.
On the other hand, some crimes have a mandatory minimum sentence. In these cases, there’s very little the judge can do, even if you’ve already shown a desire to change and seek treatment.
If you’ve been arrested on drug-related charges and are wondering if a rehab program will lead to a reduced sentence, it’s in your best interest to discuss the matter with your lawyer. The other way to look at it is that entering rehab is likely going to improve your life and will greatly reduce the risk of you inadvertently doing anything to jeopardize your bail agreement.
If you have already been convicted of a drug-related crime and have been sentenced to probation which includes drug testing, it’s a good idea to enroll in a drug rehab program as quickly as possible, even if court-ordered drug rehab wasn’t part of your original sentencing. Being in the rehab program not only gets you clean but will also provide you with the tools needed to stay clean the entire time you’re on probation.
Be Smart. Don’t Drink and Drive on St. Patrick’s Day
Many people spend the entire year looking forward to St. Patrick’s Day. The holiday is a huge deal in some locations, particularly those that have a large Irish American population.
The great thing about St. Patrick’s Day is that the holiday is basically a 24-hour party. Many bars and restaurants run all sorts of special. Many cities host parades. Sports teams often wear special uniforms and have an assortment of events planned for the holidays.
It’s also a day when many people are arrested for drunk driving. Nothing ruins an otherwise fun day as getting arrested because you made the mistake of sliding behind the wheel after you’ve had to
much to drink on St. Patrick’s Day.
The police and court officials don’t care that you simply wanted to have a good time on St. Patrick’s Day. Their main concern is keeping California’s residents safe from drunk drivers.
Getting arrested for drunk driving on St. Patrick’s Day will ruin your immediate future. The judge won’t go lightly on you because you wanted to have a good time and celebrate a saint. If it’s the first time you’ve ever been convicted of drunk driving in California
If you’re convicted of DUI for a St. Patrick’s Day incident you will be charged with a misdemeanor and could spend up to 6 months in a county jail and be ordered to pay a $390-$1000 fine.
The sentencing for subsequent DUIs becomes increasingly more severe. If someone is injured as a result of you driving while intoxicated, you will face additional charges and also likely be named as the defendant in a civil lawsuit.
The best way to avoid being arrested for a DUI on St. Patrick’s Day is making sure you have a designated driver or calling a taxi/rideshare.
What you shouldn’t plan on doing is sleeping it off in your car. While this may seem like a perfectly good idea, if you’re spotted getting into your car after you’ve had too much to drink, there’s a chance an officer will decide that you intended to drive and arrest you. While a conviction for the intent to drive while intoxicated isn’t nearly as serious as an actual DUI, it’s still intense. The rule of thumb for an intent to drive drunk conviction is that the sentence is half of what you would get if you were charged with an actual DUI. So instead of serving 6 months in jail, the judge could sentence you to three months and/or charge you a $195-$500 fine.
How to Report a Crime in California
It doesn’t matter if you’re the victim of a crime or if you have seen a crime take place. You should always report the situation to the police. Here’s how to go about doing just that.
Don’t try to take matters into your own hands. One of the biggest mistakes you can make is attempting to stop a crime that’s in progress. While it’s commendable that you want to do something about the situation, the odds of you getting hurt are extremely high. Stopping a crime that’s in progress isn’t worth jeopardizing your safety. When you witness a crime taking place that isn’t jeopardizing anyone’s actual health safety, don’t get involved. Simply report the situation to the police and let them handle it.
When you see a crime taking place, the first thing you need to do is get yourself to a safe place. Once you’ve addressed your personal safety, pull out your cell phone and contact 911. Explain what is happening. The 911 operator will advise you on the best way to protect yourself and also put you into contact with the police.
When the police reach out to you, give them as much information as you can. The more accurate you are about times and locations, the better the chances are that the prosecution will put together a successful case that will end with the criminal getting convicted.
Follow the police’s advice to the letter. If they want to speak to you in person right away, they will advise you on where to wait for them. If they want you to come to the police station and file a report, they will tell you which station to go to and whom to speak with.
It’s important that your memory of the incident remains clear. It doesn’t take much time for a memory to shift or fade, so it’s not a bad idea to grab a piece of paper and write down everything you remember about what you’ve witnessed. This includes a detailed description of the person/people who committed the crime.
If an arrest is made and the case goes to court, you’ll be called on to testify. The prosecutor that’s handling the case will provide you with the information you need to be a reliable witness while on the stand.
Valentine’s First Date Safety Tips
Valentine’s Day is right around the corner. Those of us who are single often feel that the holiday is the perfect day to arrange a first date and hopefully strike up a romance. The problem is that some of us are so fixated on connecting romantically, that we sometimes overlook basic first-date safety measures and will find ourselves in a dangerous situation.
Drive Separately
These days, most of us go on first dates with people we don’t actually know. In many cases, it’s an internet connection that sounds interesting. No matter how nice and trustworthy that person might sound during your virtual conversations, you need to remember that you don’t fully know them. One of the best ways you can keep yourself safe is making sure that each of you drives separately to your Valentine’s Day date location.
Driving does more than simply prevent you from being located in a small space where you have very little control over things with a person you don’t know well. It also provides you with an easy and accessible means of escape if the date doesn’t go well.
If you don’t have your own car, use an Uber/cab/bus to get to the location.
Tell Your Friends About Your Plans
Secret first dates sound fun and exciting, especially on Valentine’s Day. The other nice thing about secret first dates is that you don’t have to fill your friends and family members in on all of the details if the date turns out to be a dud.
The problem with secret Valentine’s Day dates is that if no one knows where you are or what you’re doing, they won’t know that you could be in trouble. Let at least one trusted person know where you’re going and who your Valentine’s Day date is. They will provide this information to the police if something goes wrong.
Meet in Public
Your Valentine’s Day date doesn’t have to be in a noisy club or even a secluded forest glen. It should be in a public place where people can step in if things don’t go the way you like. If you start to feel uncomfortable during the date, alert someone who is nearby and they can help extract you from the situation.
Never Leave a Drink Unattended
Always keep an eye on your drink. You don’t want your date or anyone else who is nearby, to slip anything into it. If you have to leave your drink, order a new one. Don’t finish the one that was left by itself.
Let Someone Know When You Make it Home Safely
Let the friend/family member you told about the date know that you’ve made it home and are safe. This is a great opportunity to discuss your Valentine’s Day date and decide if this is a person you’re interested in seeing again.
What are your plans for this Valentine’s Day?