Is a Public Defender the Right Choice for You?
One of the great things about the way our justice system is set up is that everyone is entitled to legal representation. That means that no matter what your financial situation is, you don’t have to worry about navigating the criminal charges that have been filed against you by yourself. If you can afford a private criminal lawyer, fantastic. If you can’t afford the legal bills, the court will appoint a public defender to handle your case.
There are several reasons why you should take advantage of the public defender.
Public Defenders are Fully Trained Lawyers
Some people believe that they should avoid public defenders because they assume that since public defenders are court-appointed they must not be real lawyers. That’s not the case at all. The truth is that public defenders are highly trained attorneys who not only attended law school but who also successfully passed the state’s bar exam.
Unlike private criminal defense attorneys, public defenders don’t have the ability to cherry-pick their cases. They are required to take any case the court assigns to them. This means that public defenders get a great deal of experience handling an assortment of cases and charges. In many respects, this makes them more versatile and able to handle the unique details of your case.
Public Defenders Have a Solid Working Relationship With the Judges
Public defenders work with the local judges and prosecutors every single working day. They understand the personal preferences of the other side in a manner that private lawyers don’t. They know when it’s best to approach a judge, how to word things in a way that makes both the prosecutor and the judge more likely to accept a plea bargain, and are often more comfortable speaking to the judge and prosecutor than a private attorney is. They can use this knowledge to help you get the best possible deal.
Public Defenders Often Excel in Niche Areas of the Law
Public defenders, especially the ones who work in larger cities where there is a larger pool of public defenders, often settle into one or two niches of criminal defense, such as auto theft or domestic violence. This sometimes gives them an edge since they are always up to date on changes in the law, the little things that can really impact a case, and similar court cases that they can use to help lessen the charges you’re facing.
Public Defenders are Masters at Recognizing a Great Plea Deal
The simple truth is that if your case is going before a jury, you will probably be better off with a private criminal defense attorney, but if your main concern is getting the best possible plea deal, a public defender is a great option. Public defenders have seen enough cases just like yours that they have developed a knack for identifying a great plea deal and knowing when you should hold out for a different option.
They’re Affordable
A private defense attorney is expensive. If your finances are such that you are eligible for a public defender, it is far better to accept that as opposed to trying to handle the case all on your own.
Have you ever been represented by a public defender? Was your experience positive or do you wish you’d gone with a different option?
The Smartest Way to Handle a Big Lotto Win
With the Powerball jackpot soaring to over a billion dollars, people are stocking up on tickets. Even people who have never played the lotto before are purchasing a ticket and daydreaming about what they will do if they strike it big.
Since there is always a chance that you could win, dedicating a few minutes to learning what you should do if you happen to have the winning numbers is a good idea.
Sit on the News
The best thing you can do if you find out that you’re holding the winning numbers is to put your lotto tickets in a really safe place, like a safe deposit box, and sit on the news for a while. Don’t tell your family, don’t go directly to the state lotto office, and don’t make any huge purchases. Give yourself some time to come to terms with what has just happened and to think about how this will change your life.
It’s also a good idea to spend some time thinking about what major life changes you want to make and what you want to remain the same.
Seek Financial and Legal Assistance
Before you contact the lottery office, it’s a good idea to connect with both a legal advisor and a good lawyer who has a solid financial background. Both of these professionals will help you explore all of your options so that you can best decide how to handle your lotto winnings.
While you’re working with your financial advisor, it’s a good idea to have them consolidate your debts so that the first thing you do with your lotto winnings is paid things off. Knowing that all of your outstanding debts are handled allows you to sit back and enjoy your winnings.
Have a Plan in Place to Deal With Loved Ones
It’s possible that learning about your stroke of good luck will bring out a side of your loved ones that you’ve never seen before. Some will be genuinely happy for you. Some will be jealous. Some will believe that you are now the perfect person to hit up for money.
Before letting your loved ones know of your windfall, sit down and decide how you want to handle financial gifts and loans. Not only should you determine who will benefit from your lotto win, but you should also have an explanation ready for when you find yourself in a position of having to tell someone no, you won’t help them out.
Look To the Future
One of the mistakes that some lottery winners make is assuming that the money will be around forever. They go on a spending spree and drastically change their lives only to find out that the money spends faster than they thought, especially when tax season rolls around.
Before you start spending your lottery winnings, you should think about how much you need to add to your retirement fund, how you’ll pay your way as you get older, and potentially have to deal with health problems and other expenses that could crop up. The more of your winnings that you can set aside for your future, the better.
Explore Tax Deductions
Taxes will eat into a large chunk of your winnings. And they will continue to do so. Sit down with your financial advisor and learn about the different things you can do to minimize the amount of taxes you have to pay. Some choices you can consider include charitable donations, and maxing out your 401K.
Once you’re satisfied that you have thought through everything, have set up a good financial plan, and are fully prepared for the different ways the winnings will change your life, it’s time to contact the nearest lotto office and start the process of collecting your lotto winnings.
Money Saving Tips for the Holidays
All the signs point to us being poised on the brink of a recession. Between inflation and the outrageously high price of fuel, most of us are looking at the holidays and wondering if there is any way we can save a little money yet still enjoy the holiday season.
The good news is that yes, it is possible to cut back on your spending and still have a fantastic and memorable holiday with your loved ones.
Put Your Credit Cards Away
Make this the year that you don’t use your credit cards to finance your holiday. The problem that many people run into is that since they are using a credit card, they don’t pay attention to how much money they are actually spending while holiday shopping. When the credit card statement arrives, it’s always a shock. Even more alarming is how quickly the interest adds up.
You’ll be amazed by how much more aware you are of your spending when you stick to cash or your debit card. Best of all, you won’t have to worry about any surprising bills showing up in January.
Stay Home
One of the biggest expenses many people run into during the holidays is the cost of eating out. There’s something about the holidays that inspires people to go out. While this is fun, it can quickly become expensive. Rather than going out to eat dinner, look for fun and innovative ways to dine at home. Try new recipes, prepare picnics, and cook favorite meals you don’t eat often. You won’t believe how much money you save.
When you invite loved ones over for the holidays, consider asking them to bring a dish to pass. Not only does this help you save a little money, but also ensures that there is at least one dish on the table that they’ll enjoy.
Make Your Gifts
Giving gifts is a great way to lift our moods, but it’s also a drain on your bank account. Rather than buying expensive gifts for friends and family, try getting creative and making a few things. If you’re stuck for ideas, check out your local community center, many places offer fun courses that not only end with you bringing home a fun craft project that you can turn into a gift, but also the skills needed to make more so that everyone can benefit from your handiwork.
Consider a Side Hustle
If you have the time, a side hustle such as getting a seasonal job or selling products online is a great way to put aside some extra money for the holidays. If you really want to get the maximum value from your side hustle, try using just half of the bonus income for the holidays and putting the other half into savings.
Cut Back on the Traveling
If you’re the type of person who likes to make lots of little day trips during the holiday season, this is the year you should consider cutting back. Look for ways you can combine several of your holiday excursions into one day so that you don’t spend as much on fuel.
What money-saving ideas do you plan on implementing this holiday season?
What to Do When You’ve Been Involved in a Car Accident
Car accidents happen, and even when you do everything in your power to drive defensively and avoid a collision, there could be a time when despite your best efforts you find yourself involved in an accident which is why now is the best time to learn the proper way to respond.
Secure Your Car
The first thing you need to do is to make sure your car is secure. In this case, it means shutting off the engine and getting out of the car as quickly as possible. While car accidents rarely cause fires, there’s always a chance that a random spark could ignite some gasoline. Shutting off the engine is the best way to reduce the risk of a post-accident car fire.
Even if you’re too severely injured to leave the car, try to turn your vehicle off.
Perform a Wellness Check
Take a quick moment to make sure that neither you nor any of your passengers are injured. Sorting out the details of the accident is important, but not nearly as important as making sure everyone is in one piece and not in immediate need of medical attention.
Call 911
Rather than trying to reach the police directly, you should call 911. The dispatcher will send the nearest police officer to the scene as well as the EMTs if you say that someone sustained injuries. Don’t worry that more than one person has contacted 911. If there are multiple calls about reporting the same accident, the dispatcher will deal with the issue.
Try to stay calm and keep your voice understandable while you’re on the phone with the 911 dispatcher. The information they need is how many vehicles were involved in the accident if there are any apparent injuries and the accident location. The calmer you remain, the easier it will be for the dispatcher to do their job properly and to get help to you as quickly as possible.
Create a Record of the Accident
It’s not a bad idea to create a record of the accident. Yes, the police will create a report, but having your own record adds more credibility to your version of the events when you file your insurance report. More importantly, creating your own record of the incident also helps cement details surrounding the accident into your memory, which makes it easier to answer any questions the police or insurance company will have.
File a Claim
Once you are satisfied that you’re safe, you need to let the insurance company know what happened. They will advise you on the best way to proceed.
Selling a Used Car in California
At some point in our lives, most of us have been in a position of either buying a second-hand car or selling one. If you currently have a secondhand car that you’re getting ready to sell, you should know that California does have some laws that could impact the sale. It is in your best interest to take a few minutes to familiarize yourself with these laws and make sure you don’t make a mistake that could ultimately cost you.
Both the Federal government and California government have laws that apply specifically to the sale of used cars. The biggest Federal law you need to be aware of when you’re selling a used car is that you aren’t allowed to hide important facts about the vehicle. For example, if you know that the brakes will soon have to be replaced, you’re legally required to let the buyer know about this detail.
The additional information you’ll have to disclose includes:
- If there’s still a valid warranty
- The vehicle’s authentic VIN
- The make, model, and age of the vehicle
Something that’s specific to California is the Song-Beverly Consumer Warranty Act. This particular act applies to used car dealers who wish to ignore an implied warranty. What the Act does is require that the dealer lets any potential buyers know that the warranty will not be viable once they purchase the vehicle.
The other interesting law that California has that pertains to official used car dealers is the used car return law. This law gives buyers two full days to drive the vehicle and decide if it’s what they really want. If they decide the vehicle isn’t quite what they had in mind, they’re free to return it, for a full refund, within 48 hours of the purchase. The only exception to this is if the seller and buyer enter into a contract, which is usually set up to actually provide the buyer with an even longer grace period before they have to commit to the vehicle.
It’s always a good idea to review California’s laws about buying and selling a used car before you start a shopping or selling adventure.
Bringing Gifts to Prison
Just because a loved one has been sent to prison, it doesn’t mean you stop caring for them. When someone has been arrested many people feel that in addition to visits, the best way to let their loved one know that they’re still important is by sending gifts and other surprises.
While it’s easy to understand why you would want to send gifts to your incarcerated loved one, you should know that it’s not as simple as you may think. Prison security is always a concern, the people running California’s prisons are more concerned than ever before about the possibility of drugs and other contraband being introduced to the prison system. To prevent this from happening, people are not allowed to simply send packages to the prison.
Packages, which are referred to as quarterly packages, can only come from approved vendors. The prison will not accept any package that has been mailed directly from a friend or family member. While this makes it a little harder for you to send gifts to your loved one, it actually makes things a little easier on the prisoners. Before the California prison system flat-out banned packages that weren’t sent by approved vendors, anytime a prison received a package that contained something they weren’t allowed to have, they had to arrange to have it returned to the sender, on the prisoner’s dime.
Don’t assume that just because packages all have to come from approved vendors that it doesn’t mean you aren’t able to send anything. It simply means you have to go through the vendor. The bad news is that the list of approved vendors isn’t very long, and it doesn’t look like Amazon is on it.
The 2022 list of approved prison vendors include:
- Access Securepak
- 1 Stop Value Pack
- Aramark iCare
- Mike’s Better Shoes
- The Vitamin Outlet
- Union Supply Direct
- Walkenhorst’s
- JPAY
For more information about what you can and can’t send your loved one while they’re incarcerated, you’ll have to speak directly to the prison.
What to Do If You’ve Been Accused of an Internet Crime
In 2018, the Cyber Security Breaches Survey revealed the shocking news that approximately 43% of all businesses fell for some sort of internet crime. The costs associated with these crimes really added up. It’s estimated that in California alone, businesses collectively lost more than $214 million to internet crimes.
And businesses aren’t the only ones who fall victim to internet crimes. Every single day, there are multiple reports of people who lost thousands as a result of some internet crime.
We get so wrapped up in how victims handle internet crimes that we forget there is someone on the other side of the crime. Even worse, there are routinely people who are wrongfully accused of perpetuating an internet crime.
The first thing you should do when you’re accused of committing an internet crime is following police instructions. If you’re getting arrested, don’t try to resist. Resisting arrest not only makes you appear guilty, but it can also result in even more charges. When you’re told you’re being arrested for an internet crime, stay calm, cool, and collected.
Don’t say anything to anyone about the alleged internet crimes unless your criminal defense attorney is with you. In addition to making sure both your civil and legal rights are being upheld, your lawyer will stop you from inadvertently saying or doing something that could get you into even more trouble or that could be used to mount an even stronger case against you.
If you’ve been falsely accused of committing an internet crime, don’t fall for the temptation of accepting a plea deal because you’re tired of all the legal drama or have gotten scared because of what the police and the prosecuting attorney are telling you. As soon as you accept a plea deal, you will have a criminal record that will haunt you for the rest of your life. Trust your lawyer to get the charges dropped.
If you have committed an internet crime and are convicted, you should know that the details surrounding your case determine whether you’re convicted of a felony or misdemeanor. If you’re convicted of felony internet crimes, you could be fined up to $10,000 and sentenced to spend up to 20 years in prison. If you’re convicted of misdemeanor internet crimes you’ll only face a fine of about $1,000 (plus court costs.)
In many misdemeanor cases, the judge opts for probation instead of actual jail time, especially if this is the first time you’ve been in trouble with the law.
4 Facebook Scams You Should Know About
Most of us spend a surprising amount of time on Facebook. We love posting about the exciting things taking place in our lives, we enjoy looking at the photos loved ones share, and we often treat it like an interesting party line that provides a legal way to spy on the lives of others. We seldom stop and think about how dangerous Facebook can be, even though we routinely hear about friends whose accounts have been hacked or who have encountered a Facebook scam.
While you don’t have to completely stop using Facebook, you’ll get more out of the social media giant if you are aware of the most popular Facebook scams and know how to identify and avoid them.
Phishing
Phishing on Facebook is just like other forms of internet phishing, it just takes place on Facebook. The way it works is someone creates a fictitious Facebook account that suggests they offer a service or own a business. When you express interest in the business/service, the mastermind behind the account steals a great deal of your information, including your Facebook password, and uses it for personal gain.
The best way to spot a Facebook phishing scheme is by looking at the website you are directed to. If the URL has anything other than facebook.com on it, it’s a scam and you need to exit it and clear your browsing history right away.
Counterfeit Products Promoted on Facebook Marketplace
Facebook marketplace has become a popular place for people who have cheap products to make a quick buck by promoting them as if the product was name brand or high quality. The best way to avoid falling into this trap is to study the pictures closely and read the seller’s reviews. If the product looks suspicious or there are many bad reviews, move away from that seller and look for something else to purchase.
Bogus Job Scams
Even though Facebook isn’t the first place most people look when they’re hunting for a new job, there are some legit job opportunities posted on the social media site. The problem is that there are also some surprisingly convincing bogus job scams available on Facebook.
The purpose of the bogus job scams is the same as other scams, the person behind the scam wants to extract specific information from you that they can use for their own gain. The best way to protect yourself from a bogus job scam found on Facebook is to never give away any personal information, change your password each time you message the person responsible for the job listing, and carefully research the company that allegedly posted the job.
The Scam Involving Gift Cards
The general rule of thumb is that if something sounds too good to be true, it probably is. That’s certainly the case with many of the gift card offers floating around Facebook. One of the reasons so many people are conned by fake gift card scams is that the person behind the scam hacks an account and makes it appear like the offer is coming from a loved one. And the wording is both persuasive and authentic.
The scam is twofold. Since you’re asked to click a link and provide information about yourself, the person behind the scam collects information from you that they can use to help steal your identity. They also ask you to share the post, making it possible for them to connect with your Facebook friends so they can run the gift card scam on other people.
The best way to avoid getting drawn in by a Facebook scam is to limit your social media actions to dealing with people you know well and always confirm their identity before clicking on any links or secondary accounts.
Driving Drunk On Halloween in California
It’s Halloween which means Halloween parties. The high volume of parties means that the police will be out and they will be specifically looking for drivers who are under the influence and behind the wheel. If you are caught driving drunk on Halloween, the consequences will be severe.
Getting pulled over for drunk driving on Halloween in California isn’t the same as being pulled over for speeding. You won’t be let off with a warning. You won’t be issued a simple citation. If the officer suspects you were drinking, the first thing they will do is a breathalyzer test. This is a humbling experience. Don’t assume that even though you’re only close the legal limit (0.08% BAC) that you’ll be free to go. If you’re close, the officer will arrange to have another test done because it can take a little while for the alcohol to really hit your system.
The second thing that will happen is your arrested. While the Halloween party you just left was likely fun spooky, jail is spooky for real. After answering a series of questions, you’ll be fingerprinted and photographed before being put in a jail cell. Don’t assume you can skip any step. In California, you won’t be released to your family until you’ve sobered up. Depending on how drunk you were when you were pulled over and how recently you had your last drink, you could be in the cell for several hours.
The horror doesn’t end after Halloween. Once you’ve sobered up, you’ll realize just how much your life is about to change. Getting arrested was simply the first step. When you decide to drive drunk on Halloween in California, you’ll be charged with a misdemeanor, which will be on your permanent police file.
If your drunk driving on Halloween is the first time you’ve ever been convicted of drunk driving, the maximum amount of time you could be sentenced to jail is six months, and that is only part of what the sentence could be. The judge can also order you to pay a fine of $390-$1,000 dollars (plus additional court costs). You can also have your driving privileges revoked for at as long as a one year.
Avoiding a charge of drunk driving on Halloween in California isn’t difficult. You can either make sure you have a designated driver (or arrange for a ride share/taxi) or you can celebrate the holiday without drinking.
Stay safe and make smart choices this Halloween!
What Happens When You’ve Been Arrested: The Booking Process
It doesn’t matter if you’ve been caught shoplifting, where driving while intoxicated, or have been arrested because evidence suggests that you’ve committed a crime, the entire arrest process starts with you being booked.
The reason for being booked is to create a formal record of your arrest. It’s called booking, because back in the day when jails didn’t have computers, the booking officer entered everything into the big book of the jail’s records and the phrase has stuck, even though everything is currently entered into a computer database.
The amount of time it takes you to be formally booked really depends on how busy the jail is. If it’s a slow day, you could be booked and processed in less than an hour, but if it’s a busy night, it could take hours to complete. If it is a busy night, it’s in your best interest to stay calm and not complain. Getting agitated and rude during the booking process not only looks bad in terms of your case but can also result in additional charges if you get violent and start to rant and rage.
There are specific steps that the booking officer goes through while adding your record to the computer.
Collecting Your Information
One of the first things the booking officer will want to know is your full name, your address, and if you have any identifying features. This is not a good time for you to be sarcastic. Answer their questions quickly, honestly, and calmly. During this stage, you will also be asked to provide emergency contact information.
Taking Your Mug Shot
The next step will likely involve having your mug shot taken. Police rely on mug shorts of a variety of reasons, including:
The booking officer will explain how the mug shot process works. This should only take a few minutes to complete.
Removing Your Personal Items
You can’t bring personal items like belts, wallets, cell phones, and jewelry into the cell when you’re arrested. The booking officer will take these things and log them into their records. When you’re released on bail, you’ll get them back. As hard as it is to pass your personal possessions over, remember that the officer is only doing their job and getting angry will only make the entire situation worse. This is frequently the stage that can take the longest amount of time, especially if you had a great deal on your when you were arrested.
In addition to remaining calm and compliant during the booking process, you also need to not say anything that could potentially be used against you in your case while you’re being booked. The best policy is to not speak unless you’re being asked a direct question that relates specifically to the booking process.