Different Types of Pleas in California
Shortly after you’ve been formally arrested and charged with a crime, you’ll have an arraignment. The arraignment is your first opportunity to tell a judge how you plead.
At a California arraignment, there are three different ways you can plea:
- Guilty
- Not guilty
- No-contest
Guilty
A plea of guilty should be self-explanatory. When you tell the judge that you’re guilty, you admit that you committed the crimes for which you’ve been charged and that you’re ready to face the consequences. While everyone has their own reasons for pleading guilty at the arraignment, one of the main reasons they do so is because they’re hoping that by admitting to their guilt right away, they will get a smaller sentence than if the case went to trial.
Not Guilty
When you plead not guilty, you’re telling the judge that you’re taking no credit for the crimes you’ve been charged with. When you plead not guilty at the arraignment, the case progresses to the next stage and often ends with a jury trial. Many people plead not guilty because they want an opportunity to negotiate with the prosecution and potentially reach a plea agreement that would result in a lesser charge or less severe sentence.
No-Contest
No-contest pleas are a bit confusing. When you plead no contest, you’re telling the judge that you are willing to accept the consequences of the criminal charge. In California, a no-contest plea is handled the same way as a guilty plea. When you plea no-contest, your case will go directly from the arraignment phase to the sentencing phase.
The main reason people decide to plea no-contest in California is that they are worried about civil lawsuits. While it’s true that the California criminal court views a no-contest plea as a guilty plea, the same isn’t true in civil courts. When you plea no-contest, the plaintiff in a civil case can’t say that you ever openly admitted your guilt.
The way you plea at an arraignment has a long-lasting impact on your life, especially if you’re facing felony charges. Considering how serious the situation is, you should never enter any plea without first consulting with a defense attorney.
Vaping Laws in California
These days you are almost more likely to see someone vaping than to spot a traditional cigarette smoker. Many of the younger generation have turned to vapes and e-cigs as opposed to traditional cigarettes. There are a few concrete reasons why vaping continues to become a more popular alternative.
- There is less odor connected to vapes
- More flavor choices
- It’s more economical
- Some think it’s safer
- Vaping is considered to be more socially acceptable
- Since there is less mess, vaping is more convenient
- Vaping is more customizable
While there are some key differences between vaping and smoking, California lawmakers treat the two habits the same. The same rules that regulate smoking also regulate vaping.
The Minimum Age for Vaping
No one who has not yet passed their 21st birthday is allowed to smoke or vape in California. The state has a zero-tolerance policy. If you’re caught vaping and you are under 21, you will face legal consequences. Stores are not allowed to sell vapes or vaping products to anyone who can’t show documented proof that they’re at least 21. If you’re caught supplying vapes or vaping products to a minor, you’ll face legal charges.
Retailers aren’t the only ones who will get into trouble if they’re caught selling vaping supplies to a minor in California. Friends, relatives, and even parents aren’t allowed to supply a minor with any vaping products. Doing so is considered to be contributing to the delinquency of a minor. If you’re convicted you could be issued a fine or even sentenced to jail.
You’re Limited to the Locations Where You Can Vape
When e-cig first hit the market, one of the most appealing things about them was that they allowed users with a way to smoke in buildings and other places where smoking was prohibited. That’s no longer the case. You’re not allowed to vape while in a public building, government building, hotel lobby, or on school grounds. Getting caught vaping in a place where the act is prohibited will result in a large fine.
Different California Cities Have Different Rules
If you’re into vaping, you need to pay attention to what city you’re in. Some cities, like Los Angeles and Beverly Hills have far stricter laws than the state. For example, if you’re in one of LA’s unincorporated areas, vaping (and smoking) is strictly prohibited. Beverly Hills completely prohibited smoking and vaping in 2021. The only exception is the three smoking lounges that continue to operate in the city.
Consequences of Shoplifting in California
A surprising number of people have shoplifted during their lifetime. It’s especially common with young children who will often take something from candy racks. Teenagers will also sometimes shoplift because they were dared by their friends or because they are simply looking for a way to rebel.
The problem with shoplifting is that it is against the law. If you’re caught, you face some serious legal consequences.
Shoplifting occurs when you remove something from a store without paying for it. There are times when this happens by accident, such as a pair of earrings getting overlooked by a cashier or a small item getting forgotten in a cart because you were distracted by a grumpy toddler, but most of the time, shoplifting is done deliberately.
In most accidental cases, the store management will review any security tapes they have or talk to the cashier who waited on you. If it’s clear that the item was accidentally taken from the shop, they’ll likely ask you to pay for it and let you go.
However, if they discover that the shoplifting was intentional, they’ll likely file criminal charges.
If you’re arrested as a result of your shoplifting, you’ll be charged with theft. The value of the merchandise you removed from the store determines if you’re charged with petty theft or grand theft. If the total value of merchandise taken during a single shoplifting episode is less than $950 you’ll be charged with petty theft which is a misdemeanor. If you took more than $950 worth of stuff, you’re facing felony grand theft charges.
With both petty and grand theft, you could face possible jail time, though the amount of time you spend incarcerated and the location varies. With a petty theft conviction, the maximum sentence is 6 months in a county jail. The maximum jail time associated with a grand theft conviction is a year.
It isn’t unusual for a judge to look at the circumstances surrounding the shoplifting incident and decide that community service, a fine, restitution, and probation are sufficient sentences.
One of the big things the judge will look at while they are trying to settle on an appropriate sentence is your criminal history. They will be far more willing to entertain a mild sentence that includes nothing more than a small fine and community service if this is your first brush with the law. If you already have a criminal record, especially that record includes other theft charges, they may decide to hit you with the maximum sentence.
How to Report a Crime
You’ve seen a crime happen. Now you’re in a bind. Are you legally required to report the crime? Who should you report the crime to? How do you even go about reporting a crime? How long do you have to report the crime? It’s amazing how much stress simply being an innocent bystander can cause.
Are You Legally Required to Report a Crime?
The answer to whether you’re legally required to report a crime is both yes and no.
In most cases, the State of California is happy to let you decide whether you should report the crime. Failure to do so probably won’t get you into legal trouble but there are some exceptions.
The exceptions include:
- Rape
- Child Abuse
- Murder
In the case of severe crimes that the state feels you’re legally required to report, failure to do so will result in you being charged with aiding and abetting.
Who Do You Report a Crime To?
When you know about a crime and want to report it, you need to contact your local police station. You can do this in person or via a phone call. People at the police station will provide you with additional information that includes the exact officer you should speak to, what type of details they need to know, and if they’ll have follow-up questions.
In the case of extremely serious crimes, crimes that require immediate medical attention, or crimes that are in progress, you should call 911.
How to Report a Crime
The best way to report a crime is by staying calm, cool, and collected. While reporting the crime stick to just the details, and resist the urge to start sharing your opinions and thoughts about the situation. At this stage, plain facts are the only thing the police require.
Pay attention to the questions the person you’re speaking asks and answer them honestly. If you don’t know the answer, make that clear.
How Long Should You Wait to Report a Crime
The general rule of thumb is that you should report a crime as quickly as possible. Not only does this alert the authorities and allow them to take immediate and appropriate action, but it also allows you to share the details of the case while your memory is still sharp. Waiting even a few hours can drastically impact your ability to recall exactly what you saw and experienced.
Have you ever been in a position where you had to report a crime? How did you handle the situation?
What is Catfishing?
What we currently refer to as catfishing, which is pretending to be someone else for the specific purpose of deceiving another, isn’t a new concept. It has been happening since the beginning of time. The difference between now and all the historic cases of catfishing is that social media has made deceit and connecting with people easier than ever.
Using the term catfish to describe the act of assuming a fake identity in order to dupe another became commonplace shortly after a 2010 documentary called Catfish premiered. The documentary gave a detailed and fascinating account of a woman who was completely deceived by a young man with a Facebook account.
Catfishing could be considered a bit of a long con. The perpetrator puts a great deal of time and effort into setting up the scam. They must create a fake account, post fake photos, and come up with a good story. Most importantly they must know why they’re embarking on their catfishing escapade.
Every person has their own reason for setting up a catfishing scheme. Some people do it just because they want to see if they can have a good time. Stories like the old email con from the supposed Nigerian prince who needed money do it for financial gain. Sometimes it’s a desperate attempt to connect with someone and establish a romantic connection. There are even cases like the one involving Jonelle Potter who launched a catfishing campaign that hJonishing convinced her father and boyfriend to murder for her.
The good news is that most catfishing schemes don’t end in murder, though the victims frequently lose a great deal of money to the catfisher before the con runs its course. In 2021, 3,023 California victims revealed that not only had they become ensnared in a catfishing scam, but that they had given the person running the scam. It’s estimated that the 3,023 victims collectively lost $183,928,230. And that was just in California!
The laws surrounding catfishing are… murky.
Many states don’t have a law that specifically prohibits catfishing. What they do have are laws that deal with the outcome of catfishing, such as extortion and fraud. If convicted of either offense, the person who perpetrated the catfishing scheme will be a felon and likely spend some time in a state prison. It’s also highly likely that additional crimes such as identity theft (if you assume the identity of a real person for your catfishing scheme,) phishing, and electronic harassment.
3 Common Social Media Crimes
Most of us love social media sites. They provide us with an easy way to stay in touch with loved ones, the ability to let people know what we’re up to and to simply check in with someone.
What many of us don’t think about is how individuals with criminal intentions can use social media against us.
If you love your social media platforms, there are some common social media crimes you should know about. Once you’re aware of these crimes and cons, you can take steps to monitor your account and protect yourself.
Hacking
Hacking is a huge problem, particularly with Facebook. Every single day, there are stories about someone’s account either being hacked or someone creating a mirror account and using their newly gained access to gain access to another person’s computer files, contacts, and personal information.
In many cases, these hacking cases eventually turn into identity theft situations which is why it’s important to quickly change passwords and contact the social media platform’s administrators as soon as the hacking attempt is discovered.
Stalking and Bullying
Everything good has a downside. The praise, encouragement, and general good vibes you receive when you share the good news on social media sites are balanced by the stalking and bullying that is found all over social media. The bullying is bad. It can quickly eat at the victim’s self-confidence. There have even been cases of social media bullying leading to suicide.
Alongside the bullying is stalking. While this is mostly only discussed when someone is talking about a public profile, it can be a problem for anyone who uses social media sites. Not only can a stalker follow us virtually, but when we post personal information, including pictures of our homes/cars/vacation spots, we create a situation where a stalker could also start following us in real-time. This is why it’s so important to be very conscious about how much personal information you post on social media sites and to carefully go over every picture and make sure there isn’t anything a stalker could use to pinpoint your location.
Vacation Robberies
Vacation robberies have been around forever, the original Home Alone plot was based around a vacation robbery, but they used to require the thieves to pay attention to a specific neighborhood and learn the signs that someone was out of town. Today, thieves who participate in vacation robberies simply have to pay attention to social media and see who is talking about vacation while they are out of town.
The best way to avoid being a victim of a vacation robbery is to resist the urge to post vacation photos on your social media sites until you’re home. When posting, be very clear that you’re home and that your home isn’t ripe for a robbery.
What steps do you take to avoid common social media crimes?
The Most Common Crimes in California
There are some crimes that the California court system deals with more than others.
DUIs
It doesn’t seem to matter how often drivers are warned about the dangers of drinking and driving, people are still doing just that. Every single day, someone in California gets caught driving after they’ve had too much to drink.
This is a fairly simple crime to avoid. If you want to drink, either make sure you have a reliable designated driver, are prepared to call for a ride home, or give yourself plenty of time to sober up before you get behind the wheel. If none of these things are possible, either stay home and drink or stick to non-alcoholic beverages while you’re out on the town.
Drug Related Crimes
Like most states, there is a serious drug problem in California. While California is often praised for being progressive about both drug laws and drug treatments, there is no getting around the fact that drug crimes are still abundant in the state. The number of fatalities connected to drug use has been steadily climbing. In 2000 there were only 500 deaths in California were attributed to drug use. That number climbed to about 2,200 in 2019.
Drugs commonly linked to drug-related crimes in California include:
- Cocaine
- Opioids
- Meth
- Heroin
Theft
Many cases involving theft make their way through the California court system every single year. Many people don’t even realize how many different types of theft occur in the state during a year. When the average person hears about theft, they usually think about breaking and entering and shoplifting. The truth is that there are numerous different ways you can be charged with theft.
Different types of theft charges in California include:
- Breaking and Entering
- Fraud
- Car theft
- Embezzlement
- Shoplifting
- Robbery
- Petty theft
- Grand theft
Assault
It is rare for 24 hours to pass without at least one person in most of California’s cities getting charged with some type of assault. The circumstances surrounding the incident determine how serious the assault charges are. In some cases, the charge is a simple assault which is something that generally happens when a conversation gets heated and punches are thrown. Simple assault is typically a misdemeanor.
The opposite end of the scale is aggravated assault which generally involves the use of some type of weapon and someone getting seriously hurt.
California’s Car Seat Laws
Every parent who has an infant knows that they’re supposed to have a car seat installed in their vehicle. They even know that it’s state law. What some parents don’t know is how important the car seat is and the consequences of having a car seat that doesn’t meet current safety standards, that isn’t properly installed, or that isn’t properly fitted to their child.
According to Car Buyers Guide, “in a recent study, the RSA inspected 5000 child seat installations from the public and found that over 4000 of them needed adjustments of some kind to ensure optimum safety.”
California’s lawmakers used Vehicle Code 27360 VC to address the issue of car seats. The law clearly states that:
- Children under the age of 2 must be properly restrained in a rear-facing car seat
- Children under the age of 8 must ride in the back seat and be safely restrained in an age/size appropriate safety seat.
- The child must be secured into the safety car seat in a manner that complies with both height and weight limits that are to be specified by the car seat manufacturer.
According to the Mayo Clinic, the most common mistakes parents make when it comes to the car seats they’re using include:
- Purchasing a used car seat without making sure it isn’t more than 6 years old, hasn’t been involved in an accident, hasn’t been subject to a recall, and has no indications of damage or structural problems that could endanger a child.
- Failing to properly install the car seat
- Failing to properly restrain the child before driving
- Reclining the car seat so that the child isn’t at the correct and most safe angle
- Switching their child to a forward-facing car seat before the child is ready
The first time a driver is ticketed for not following California’s car seat laws, they’ll be issued a ticket. $100 of that ticket pertains to not having the child properly restrained. Court fees and additional charges will also be added to the ticket. After that initial ticket, the fine connected to not properly restraining the child is $250.
In some cases, the ticket for not having a child properly restrained to a child seat is the least of the driver’s worries. In many situations, the driver will also face charges of negligence and child endangerment.
It doesn’t matter how big a rush you are in, always take the time to make sure your child is safe before you hit the road.
Top Internet Scams
Shortly after the internet was created, the internet scam was born. It’s amazing the number of different ways the internet has been used to scam different people. It seems like every single year, a new scam hits the virtual world and people start falling for it. While new internet scams are interesting and you should stay on top of the newest scam trends so you can identify the early warning signs, some have withstood the test of time.
Here are the top internet scams of all time.
Email Phishing
Email phishing is a type of internet scam that’s nearly as old as email itself.
Email phishing is a type of scam that involves a con artist sending out emails that look like they come from a legit organization or person. The main purpose of these types of emails is to collect personal information, particularly credit card numbers, which the scammer then uses for their benefit.
One of the most famous email phishing scams is the pseudo-Nigerian prince who used to send out emails asking for donations.
Tech Support Scams
Tech support scams are becoming increasingly common. This type of internet scam works because we’ve grown so accustomed to using virtual tech support options. The difference is that the virtual support you’ve sought out is usually legit. The tech support scams never are.
The way tech support scams work is that someone either calls or emails you. They claim to be from a major computer system company, security company, or common tech store. They then launch into a spiel about how they believe you’re computer is infected. Not only does the malware infection negatively impact your computer’s performance, but the tech support con artist will also explain how it could compromise your identity and steal credit card information.
The problem is that your computer isn’t currently infected. The con artist plans to place some malware on it that will allow them to collect your sensitive data. They do this in a manner that’s both easy to fall for and hard to trace.
Social Media Fraud
Social media fraud is an internet scam that doesn’t get quite as much attention as it should. The idea behind social media scams s that someone will connect with you via a social media channel. They often do this by posing as your friend. They can do this because they create a mirror account that not only uses your friend’s name but also their profile picture. They will usually send a private message that starts as a friendly conversation but quickly turns into a desperate plea for money.
The two best ways to make sure you don’t fall victim to a social media scam are contacting your friend directly and asking the scammer specific questions. If they don’t provide you with the type of answer you’d expect from your friend, report the fake account.
Proposition 57
Traditionally, whenever a law/proposition is proposed that involves crime, it’s a move to actually create stricter laws/penalties. This is especially true when it comes to violent crimes and repeat offenders. In many cases, when you research the reasoning behind the proposal, you’ll discover that crime rates have been steadily increasing and the voting population is starting to feel insecure and has been applying pressure to the officials they voted into office.
Proposition 57 is a result of people looking at the current state of California’s criminal justice system and questioning if using longer forms of incarceration is really the best way to encourage a person to change their ways. Many California residents have also started wondering if maybe there isn’t a better way to spend the millions of tax dollars that are currently used to house/feed/clothe criminals. Many wonder if spending that money on rehabilitation/education programs might be a better solution.
While many lawmakers were skeptical about the future of Proposition 57, after all, who ever heard of the voting public liking laws that were viewed as being soft on crime, in November 2016, California voters passed the proposition.
The interesting thing about Proposition 57 is that it placed the issue of rehabilitation squarely in the hands of convicted criminals. What the proposition did was created an incentive program for inmates that allowed them to be responsible for their own rehabilitation while also increasing the odds of them being granted parole.
Proposition 57 created a credit program. Inmates who were well-behaved and who also took part in an in-prison rehabilitation/education program received a credit.
The different credits created by Proposition 57 include:
- Good Conduct Credits
- Educational Merit Credits
- Milestone Completion Credits
- Rehabilitative Achievement Credits
The great thing about these credits is that anyone who has been convicted of a non-violent crime has the opportunity to really prove that they are not considered a violent risk to the community and should be considered for parole. The parole board looks at the credits an inmate has earned and their criminal history and is more inclined to grant them early release.
Recently the California Supreme Court heard a case that prompted them to rule that Proposition 57 did not apply to incarcerated criminals who have a history of violent crimes. “In reaching this conclusion, we find the constitutional text (of the ballot initiative) is ambiguous,” Chief Justice Tani Cantil-Sakauye wrote on behalf of the court. The ruling made it impossible for inmates who were serving sentences for a combination of violent and nonviolent crimes to use the credit program to qualify for early parole.