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.
Absolute Bail Bonds Makes Your Life Easier After An Arrest
When you get that phone call from a loved one inside jail telling you they need help to meet bail, your heart sinks, your temper rises, and your stress elevates. Where do you start to get this money to pay for bail? Simply call Absolute Bail Bonds in Long Beach.
Absolute Bail Bonds specializes in writing up a bail bond to get people out of jail. On top of that, the company is consistent in meeting and exceeding client expectations of not just doing the job, but doing it with compassion and eagerness. We truly care about our clients, and making their life easier after an arrest.
It doesn’t matter if it’s the middle of the night, the middle of the day, or the middle of a Federal holiday, we’re here and ready to post a bail bond for you!
Let us help you rescue your loved one from jail without requiring you to empty your bank account. We work with all of our clients to create individualized payment plans that are designed to work with your unique situation. This way, you can break up the already smaller cost of the bail bond, into affordable & flexible monthly payments.
Give us a call at 1-800-793-2245 to get the bail bonds process started today.
California Cities Where Your Car is Most Likely to be Stolen
Car thefts have become an increasingly big headache for police departments across the United States. Shortly after the pandemic started in 2020, law enforcement agencies throughout the United States noticed they were responding to more stolen vehicle reports than they had in past years.
“Auto thefts saw a dramatic increase in 2020 versus 2019 in part due to the pandemic, and economic downturn, law enforcement realignment, depleted social and schooling programs, and, in still too many cases, owner complacency,” David Glawe, president and CEO of the NICB, stated in a Forbes interview.
Many of the stolen vehicles were taken directly from the owner’s regular parking space and since many of the drivers had little use for their vehicle while things were shut down, it sometimes took before they discovered that their vehicle was no longer where they’d left it. The National Insurance Crime Bureau (NCIB) reported that 10.9% more cars were stolen in 2020 than in 2019. Throughout the United States, 880,595 vehicles were reported stolen during 2020.
While auto thefts skyrocketed throughout the United States, California was hit the hardest. They led the nation in pandemic car theft. Throughout 2020, reported that 905.41 vehicles were stolen for every 100,000 of the state’s residents.
While no part of California is completely free of car thefts, there are some cities where you’re car is at an increased risk of theft.
Commerce, CA
At first glance, Commerce seems like a sunny, cheerful town in L.A. County, but dig just a little deeper and you discover that not only does Commerce have more car thefts than any other California city, but that it also has the highest overall crime rate. The average crime rate for Commerce, CA is 244 percent higher than other, similarly-sized cities. Many of these crimes involve car theft. In Commerce, the car theft rate is 2,742 thefts for every 100,000 Commerce residents.
Oakland, California
The city of Oakland is nestled up to San Francisco. Considering the city has a reputation for violence and gang-related crime, it shouldn’t come as a surprise to learn that Oakland has a crime rate that’s a whopping 121 percent higher than California’s average. It also shouldn’t come as a surprise that car theft is a huge problem in Oakland. The issue of car thefts in Oakland recently gained some media attention after a man who was attempting to halt some car thieves was fatally shot
San Pablo, California
Many residents of San Pablo struggle to make ends meet. They also struggle to prevent their vehicles from getting stolen. Car thefts in San Pablo are particularly common near the local Contra Costa College and the local casino.
What steps do you take to keep your car safe when you’re visiting one of these three California cities?
The Unlawful Taking of Pictures and Video Recording
Thanks to built-in cameras on smartphones, most of us have a camera at our disposal 24/7. We’re able to record everything. We use the phone camera for selfies, points of interest, and to record the actions of others. We’ve grown so accustomed to taking photos and videos of everything that we rarely stop and think about the fact that there are certain times, places, and situations when taking pictures and video recordings is actually against the law.
Learning that there are cases where a person has broken the law with videos or photos they’ve snapped can make you have second thoughts about using your camera. The good news is that the odds are pretty good that you’re not going to record anything that will break the law. Both federal and state laws are written in a manner that allows you to legally take a photo of anything that’s plainly visible. You’ll be pleased to learn that this includes federal buildings and even police officers who are working.
You’re also legally allowed to take photos and videos of things that can be seen from public property. For example, as long as you can do so from the road, you’re allowed to photograph an interesting-looking barn.
If you’re on private property, the property owners get to make rules about what you can and can’t take photos/videos of. For example, if snapping a few shots of the barn requires you to walk across a private hayfield and jumping a fence, the property owners could insist that you destroy the images and also file trespassing charges against you. The same is true if you walk up to someone’s house and start snapping pictures or videos through their windows. You’re not legally allowed to take photos or videos of a person (or their belongings) if the property owner had a reasonable expectation of privacy.
If you’re caught taking photos or videos in an area where the property owner had a reasonable expectation of privacy, they can file invasion of privacy charges as well as trespassing charges against you. If you’re convicted of invasion of privacy, the judge could sentence you to up to six months in a county jail and order you to pay a fine of $1,000. If this isn’t the first time you’ve been convicted of invasion of privacy, the sentence could double.
The best way to avoid getting into trouble while you shooting pictures or videos is to make sure you’re feet are always firmly planted on public property.
Probation and Parole. What’s the Difference?
If you’re confused about the difference between probation and parole, you’re not alone. Most people don’t really know what the difference is between the two until they get into trouble with the law.
While you’re on probation, you’re still technically in police custody, but you have a great deal more freedom than you’d enjoy if you were in jail. There will be some rules attached to your probation, breaking any of these rules will result in you losing your probation status and being locked in a cell. One of the big things you’ll have to do is routinely meet with your probation officer who will insist that you prove you’re following the rules.
Many people are put on probation without ever seeing the inside of a jail cell.
Parole is both similar to probation and different. The best way to think about parole is that it is kind of like is a kind of parental supervision. It’s sort of like that stage where sorta living on your own but still relying on your parents. When you’re granted parole, the parole board is saying that while you no longer have to be in jail, you’re also not ready for total independence.
Legally speaking, parole is a conditional release from prison. It is a way of getting out of prison even though you still have some time left to serve. Other than the fact that you have spent time in prison, parole and probation are very similar. Though the rules of parole are sometimes stricter and you sometimes have to work harder to prove that you should be granted parole. One of the big issues connected to parole is admitting your guilt and showing that you understand why your actions were wrong.
It isn’t unusual for restrictions and requirements to be attached to both parole and probation, though those restrictions vary from one case to the next. In most cases, people who are serving both parole and probation will have their travel restricted, will have to submit to drug (and sometimes alcohol) testing, are sometimes required to attend counseling sessions, are sometimes required to be at home during specific times of the day/night, and will sometimes be electronically monitored.
If you are serving either probation or parole, it’s important to remember that you haven’t been given a get out of jail free card. A single misstep, even a little one, could result in your being incarcerated.
Earthquake Safety Tips
There are many great reasons to live in California. There’s also one huge drawback. In exchange for easy access to beaches and year-round wonderful weather, you always have to be prepared for an earthquake.
The good news is that most of the earthquakes we experiences are really small, little more than slight tremors that give people something to chat about. They seldom do more than cause a few things to fall off shelves. However, every once in a while, there is a massive earthquake.
Since no one really knows when a big earthquake will arrive or how bad the earthquake will be, it’s important that everyone is up to date on current earthquake safety tips.
Create a Safety Plan
Everyone who lives in your home should have a plan about how they will handle things if they’re home during a massive earthquake. Not only does this mean knowing the safest point in your house, but also having a system in place that allows you to connect with loved ones to let them know that you’re safe. Keep some survival supplies, including non-perishables, blankets, and bottled water in the earthquake designation zones.
When You’re Indoors
If you’re inside when a massive earthquake hits get somewhere protected. Ideally, this would be a closet, which has a frame that provides additional protection. If you’re not near a closet, get under a table or desk. The idea is to get some protection from falling debris. Make sure you’re well away from bookcases, windows, and anything heavy that could shift or fall.
Drop low to the ground, preferably on your knees, and stay still until the shaking stops. You should stay indoors for several minutes after the shaking stops. The only exception to staying in place is if you smell gas or smoke. If you smell gas or smoke, get out as quickly as possible while yelling for help.
When You’re Outside
If you’re outside when an earthquake starts, you want to get low to the ground while also moving away from trees, buildings, and power lines. If you’re in a vehicle, stop the car somewhere that there’s little damage of it being hit by a powerline tree, or sliding into a ditch.
Once the earthquake has passed, you need to first take care of yourself and make sure you’re not injured. Once you’re confident you’re in good shape, your next course of action is checking in with your loved ones and helping anyone who was injured during the earthquake.
Driving Drunk on Halloween
We have a tendency of thinking about Halloween as a holiday that is full of good-natured fun. It’s a holiday that allows us to wear crazy costumes, abandon our diets, and really cut loose. The only real risk we usually associate with the holiday is the need to drive carefully during the time frame that trick-or-treaters roam the streets.
What many of us don’t know is that Halloween is a holiday when many drivers overindulge and are legally drunk when they slide behind the wheel. Most of these drunk drivers are leaving Halloween parties.
College students in particular are prone to over drinking on Halloween. One research project revealed that the average college student usually drinks about 6.3 alcoholic beverages at Halloween parties. That’s about 1.4 more drinks than they would normally consume.
And it isn’t just college kids who drink too much at Halloween functions. According to the American Addiction Centers, Halloween is the fourth booziest holiday of the year. Americans consume less alcohol on Halloween than they do on the Fourth of July but more than they drink during Cinco de Mayo.
If you’re going to a Halloween party and plan on drinking alcohol, you still need to be smart. Assume that you’ll drink too much to safely drive home and create a plan. This plan could involve a designated driver, getting an Uber home, or simply staying at the host’s home until you’ve sobered up.
Hawaii patrol officers know how dangerous the streets are on Halloween night. They will be out, and they will be keeping an eagle eye open for any tell-tale signs that you’re driving drunk. It’s even possible that you’ll encounter a sobriety checkpoint on your way home.
If you are arrested and convicted of drunk driving on Halloween, the consequences will have an immediate impact on your life.
If this is your first DUI conviction, you could be sentenced to as much as six months in jail, fined up to $1,000, have your driver’s license suspended for six months, and have a vehicle ignition lock installed on your vehicle for up to a year while your driving privileges are restricted.
The third time you’re convicted of drunk driving in California, you could be sentenced to 120 days through 1 year in jail, pay a fine of $1,800, lose your driver’s license for up to 3 years, plus have an ignition lock installed on your vehicle for as long as two years.
If your drunk driving results in property damage, someone getting hurt, or the death of another person, you will face even more serious charges that could include vehicular manslaughter.
All things considered, finding a different way to get home after you’ve been drinking at a Halloween party is a really good idea.