Stay Out of Jail This Saint Patrick’s Day
Saint Patrick’s Day is a great holiday. It’s one of those fun holidays where you’re encouraged to cut loose and have a good time. The problem with Saint Patrick’s Day is that it’s also a time when many people get a little too relaxed and end up in jail. Happily, there are things you can do to make sure you enjoy the holiday and also stay on the right side of the law.
Check Out Current Pandemic Restrictions
Last year, Saint Patrick’s Day was interrupted and virtually canceled because of the pandemic. This year it doesn’t look like things will be quite as restricted but that doesn’t mean you’ll be able to do whatever you want. Before heading out, check both state and local restrictions and know exactly what you can and can’t do. Also, make sure you adhere to social distancing guidelines and wear your face mask while you’re in public areas.
Have a Designated Driver
Saint Patrick’s Day is one of the biggest drinking nights of the year. Expect that the cops will be out and that they will be looking for drunk drivers. If you plan on drinking, do the smart thing and have a designated driver on hand. If none of your friends want to be the DD at least arrange for a rideshare program or cab to take you wherever you want to go.
The best way to avoid the temptation of getting behind the wheel after you’ve been drinking is leaving your car at home and getting a ride both to and from your favorite bar.
Don’t Lose Your Head
While drunk driving makes up the bulk of Saint Patrick’s Day arrests, it’s not the only thing that can result in your spending a night in jail. Other common arrests during the holiday include drunk and disorderly, assault, and public intoxication charges. If you’re prone to drinking to the point where you lose all your inhibitions and do things you’ll regret, either bring a friend along who will remain levelheaded and prevent you from doing something you shouldn’t or restrict your celebrating to your home.
Stay safe and use good judgment this Saint Patrick’s Day!
Crimes of Passion
There is something about the term “crime of passion” that causes many of us to think about romance and true love. The reality is that crimes of passion are not about showering a loved one with flowers and chocolate. Victims of crimes of passion will tell you that they are actually terrifying, life-altering acts that have more to do with fear than love.
What are Crimes of Passion
The legal definition of a crime of passion is, “a defendant’s excuse for committing a crime due to sudden anger or heartbreak, to eliminate the element of premeditation.”
A suspect is never charged with a crime of passion. That phrase is primarily used by the media and defense attorneys. In most cases, people who have committed “crimes of passion” are actually charged with murder, assault, or sexual assault.
Why so Many Use the Crime of Passion Defense
There are two reasons so many people use the crime of passion excuse. The first is to eliminate the idea that the crime was premeditated. If the prosecutor is convinced that the crime was premeditated and they feel they can prove it in court, the charges, and resulting penalties, will be far more severe than if you are found guilty of acting in the heat of the moment.
For example, for the prosecution to pursue a case of premeditated murder, the lawyer has to prove the suspect didn’t just think about murdering the victim, but actively planned out the details. Failing to prove this could cost the prosecutor the case.
Another reason defense attorneys like to use the phrase “crime of passion” while defending a suspect is because it’s a great way to convince the jury to put themselves in the accused shoes. The lawyer is basically asking each jury member to put themselves in the suspect’s shoes and imagine how they would feel if they were in the same situation. In some situations this can sway the jury, causing them to find the defendant not guilty.
It’s worth noting that California has an interesting take on crimes of passion that result in murder. In California, the defense not only has to prove that the murder was a crime of passion, but they also have to prove that the defendant was experiencing emotional turmoil at the time. The way the law is written makes it difficult for an attorney to use the crime of passion defense in cases that involve revenge.
The Legal Ins and Outs of Internet Trolling
The internet, particularly social media sites, provide people with an opportunity to share their opinions on a variety of topics. In many cases, this leads to a lively and thought-provoking debate. At other times, it brings out internet trolls.
What is Internet Trolling
An internet troll is someone who jumps into an online conversation and promptly starts making inflammatory, derogative, and infuriating comments. In most cases, the individual doesn’t want to contribute to the conversation, but simply wants to trigger an emotional response. Sometimes the troll focuses their attention on a particular subject matter. Other times, the troll focuses on a single individual or group. Today, internet trolling is considered malicious and a form of bullying.
Signs that a commenter is an internet troll include:
- They make remarks that have nothing to do with the original topic
- They’re unable to handle actual facts (they’ll either ignore them or cry fake news)
- They have a belligerent tone and make condescending, dismissive remarks
- They make the same comment, over and over again, on multiple posts
Internet trolling isn’t limited to a handful of people. A recent survey revealed that 28% of Americans have perpetrated an internet trolling incident.
How California Views Internet Trolling
From a legal standpoint, internet trolling is complicated. As a rule, behaving like a jerk and irritating people with online comments isn’t a crime. The problem lawmakers face is that on several occasions, internet trolls have crossed a line and become internet bullies. As soon as the line is crossed, the issue becomes a legal matter.
An internet troll will find themselves in hot legal water when they:
- Start posting harmful material along with their comments.
- They actively encourage others to join in the harassment of the original poster/group
- They violate California’s cyberstalking laws
- Instead of just making comments, they move on to sending harassing comments to the original poster via text messages, emails, or phone calls.
- They start making criminal threats
Many internet trolls believe that the First Amendment allows them to say whatever they want. While it’s true that the First Amendment does grant everyone the right to free speech, it’s important to understand that there are limitations to free speech.
Several First Amendment cases have reached the U.S. Supreme Court where the legal groundwork was laid to allow individuals who make obscene and deliberately false statements to be prosecuted by the law. The same is true for comments that are designed to trigger a severely violent or emotional response. While cases that are directly connected to cyberbullying and internet trolling haven’t yet reached the U.S. Supreme Court, many feel it is only a matter of time before the justices hear a case that helps set a legal standard for cyberbullying and trolling.
California Vehicle Exhaust Noise Laws
When it comes to noisy cars people always have one of two opinions: they either think the deep rumble sounds awesome or they think it is the most obnoxious and irritating thing they’ve heard all day. Many feel that a car with either a broken or modified exhaust is a major nuisance and disruption. To simplify the matter, California’s lawmakers created exhaust noise laws. These set a very strict limit on the amount of noise your vehicle can legally make as you drive it down the road.
California’s vehicle exhaust noise laws are addressed in the California Vehicle Code. They’re numbers 27150 – 27153.
California Vehicle Code # 27150 requires that your vehicle have an adequate muffler. This doesn’t just mean that not only does your car has to have muffler, but that it also has to be in good working order. This must be in place when you bring your car in for its registration inspection. The same law states that your vehicle won’t pass its inspection if the muffler or exhaust system has been set up with any type of cutout or bypass.
California Vehicle Code # 27151 prohibits you from making modifications to your exhaust that either directly violate VC 27151 or that raise the decibel level of your vehicle above 88 dbA. If your vehicle weighs less than 6,000 pounds or is a motorcycle, it can’t make noise that exceeds 95 dbA. It’s worth noting that most contemporary vehicles, even the ones that have a nice throaty roar, are designed in such a way that the noise they make doesn’t exceed 75 dbA.
One of the challenges driver’s face is that the way the vehicle codes that deal with excessive noise are written, police officers don’t necessarily know how much noise your exhaust system makes. They can pull you over simply because your vehicle is nosier than the rest of the cars on the road. The current writing of the law allows them to “exercise their own judgment.” There’s a chance that they’ll issue an excessive noise ticket even if your car is within the legal noise limits.
If you’re issued an excessive noise ticket, you’ll have to take your vehicle to a mechanic and have the problem repaired (or removed if there’s an illegal modification.) The next step is going to the California Referee Center. After looking at both your ticket and your vehicle’s registration the Referee Center will test your exhaust system and determine if it meets the legal requirements. If everything is in order, they’ll issue a Certificate of Compliance which you’ll have to show the traffic court.
The tickets for illegal exhausts and excessive noise vary. For a first offense, the ticket is usually $25 with fees climbing to $193. There have been some instances where the overall cost of the illegal exhaust fines reaching $1,105.
If the police pull you over, it’s possible that they will notice other issues, such as unpaid parking tickets, bench warrants, parole violations, etc. All things considered, it’s in your best interest to keep your car quiet and not attract police attention.
Driving on a Suspended License in California
Several California drivers have found that they didn’t fully appreciate how much independence they enjoyed as a result of their driver’s license until the state suspended that license, making it impossible for the person to drive themselves.
Why California Driver’s Licenses Are Suspended
There are a variety of reasons your California driver’s license could be suspended. The most common cause for suspensions is a DUI conviction. Unpaid tickets, severe driving infractions, and simply accumulating too many bad driving points can also result in a suspension. There are even cases where California driver’s licenses have been suspended for non-driving offenses, the most common of which is unpaid child support.
What a Suspended California Driver’s License Means
If your license has been suspended it means you can’t drive, for any reason, until you’re able to get the license reinstated. In some cases, such as drunk driving and reckless driving, the suspension has a time limit, such as 6 months. In other cases, it remains suspended until you correct whatever issue triggered the suspension. For example, if it was suspended because you didn’t pay child support, it will remain suspended until you’ve gotten caught up on what you owe.
Driving on a Suspended California Driver’s License
California’s Vehicle Code #14601.1 deals with the issue of anyone who is caught driving on a suspended license in California. It states, “(a) No person shall drive a motor vehicle when his or her driving privilege is suspended or revoked for any reason other than those listed in Section 14601, 14601.2, or 14601.5, if the person so driving has knowledge of the suspension or revocation. Knowledge shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof.”
The penalties that can be connected to driving on a suspended driver’s license in California include:
- Having to spend time in jail
- Substantial fines
- Probation
- Additional costs for any additional traffic violations that were committed while you drove with a suspended license
If your California driver’s license is suspended and you can’t fathom how you’ll get by without it, there’s a chance you can appeal to the court and get what California calls a hardship license. This type of license is a heavily regulated one that limits where you can drive and even what times you can drive. If you’re caught driving at a time or for a purpose that doesn’t align with the limits, you’ll be charged with driving on a suspended license.
Early Warning Signs that Your Kid Has Encountered a Cyberbully
Social media is a great thing. Social media sites let you stay in contact with friends and family you wouldn’t otherwise see. You can connect with your community, join groups, play games, and simply shoot the breeze. It’s great.
There is a dark side to social media. The same social media sites you like to visit when you want to unwind create the perfect environment for a cyberbully to launch an attack against your child.
While it might not be possible to prevent your child from using social media sites, you can learn what signs you should watch for that will help you identify if they’re the victim of cyberbullying.
They’re Suddenly Withdrawn
Kids are always changing. They’re prone to mood swings. What they don’t normally do is completely turn their personality inside out. If you’re child has gone from being vivacious and outgoing to suddenly keeping to themselves, it’s highly possible that they’ve encountered a cyberbully.
They Start Behaving Strangely when they Get a Message
Today’s youth love their cellphones. It seems like they’re constantly on the phone. If your child starts looking sick or seems reluctant to check their messages, it could be a sign that they’re getting harassed by a cyberbully. This is especially true if the strange reactions to messages continues longer than a couple of days.
They Won’t Let you See Their Scree
Children, particularly teenagers, are notoriously gun shy about wanting to let their parents see their phone or computer screen. Younger children are different. They want their parents to see everything. If your child seems to be working overtime to make sure you don’t get a glimpse of their screen while they’re on the tablet or phone, it could be time to take action and check for a cyberbully.
Health Problems
A lack of appetite, headaches, constant upset stomachs. All of these things can indicate that you’re child is struggling to figure out how to deal with a cyberbully. Pay attention and see if the periods of bad health seem to worsen just before and after your child is on their phone/tablet/computer.
The better you are about observing your child’s behavior and identifying the early signs that they’ve encountered a cyberbully, the easier it will be for you to take action before your child does something potentially dangerous.
What is Statutory Rape? Statutory Rape Laws and Charges
Teenagers are full of two things. Hormones and emotions. The combination causes them to make questionable life choices, which includes engaging in sex. When parents learn that their teenage child has become sexually active they often find themselves worrying if their child can be charged with statutory rape.
Recent changes to California’s laws about sex with minors have made the issue even more confusing than it is in some other states.
What is Statutory Rape?
Strictly speaking, statutory rape has nothing to do about sexual consent. In statutory rape cases, both parties are usually willing. These cases aren’t about the willingness of both partners but whether they’re able to cope with the emotional and physical ramifications that go hand in hand with a sexual relationship.
According to the law, statutory rape takes place when someone has sex with a minor, who is otherwise referred to as a person who hasn’t reached the age of consent.
Is it Possible for a Minor to be Charged with Statutory Rape?
The question of whether it’s possible for two minors to be accused of statutory rape doesn’t have a clear legal answer.
According to California Penal Code Section 261.5, statutory rape takes place whenever someone has sex with someone who hasn’t reached their eighteenth birthday. According to that, if a sixteen-year-old couple decides to have sex, both of them can be charged with statutory rape.
The problem is that for the charges to stick, the court has to determine which member of the couple is the victim and which is the aggressor, something that’s nearly impossible to do when both are minors. Due to the legal complexities of the situation, the charges are usually dropped and the court lets the parents decide how to handle the matter.
Penalties for Statutory Rape in California
Statutory rape charges in California are a serious matter. Statutory rape is one of the state’s many famous wobbler offenses. No two cases are handled the same way, which can make it difficult to guess what the final results will be. The most extreme cases can result in a sentence that includes 3 years in jail as well as a $10,000 fine.
Sometimes the court requires that the defendant register as a sex offender, but there are also situations where that hasn’t happened. It largely depends on the age of the two people involved in the case as well as the type of relationship they’re engaged in.
The best way to make sure you never have to unravel the complexities of statutory rape is by making sure your sexual partner is always over 18 years old.
The Long-Lasting Consequences of Drunk Driving in California
Like all other states, California has taken a hard stance on drunk driving. It isn’t tolerated. If you’re caught behind the wheel after having just a little too much to drink, you’ll face steep consequences that will have a major impact on the overall quality of your life.
California’s Legal Limit
California has different legal limits for different types of drivers. For the average, adult driver in California, anything over a blood alcohol count (BAC) of 0.08% is considered too high to legally drive. Drivers who haven’t reached their 21st birthday, anything over 0.05% is considered a DUI. Commercial drivers as well as drivers who are involved with a ride-share program aren’t allowed to get behind the wheel if their BAC is above 0.04%
If you are pulled over and the officer believes you’ve been drinking, they’ll likely administer a breath test that measures your BAC. If the BAC is considered close, but not quite at the legal limit, it’s likely you’ll still be arrested. The reason for this is because it can take a little time for the true BAC to be accurate. You’ll receive a second test at the jail. By this point, the BAC level will be accurate. If it’s above the legal limit, the officer will go through with the arrest. Both of the BAC tests are admissible in court. In many cases, the first test is a breath test and the second test is taken via a blood draw.
Penalties of Driving Drunk in California
California lawmakers aren’t playing around when it comes to drunk drivers. The penalties are steep and were designed to scare people into only getting behind the wheel while they’re sober. The penalties become more severe each time you’re charged with a DUI.
First Offense
The first time you’re caught driving while under the influence, the maximum amount of time you can spend in county jail is six months. You’ll also be charged fines that will range from $390-$1,000. Your license will be suspended and you won’t be able to drive for up to six months. Your ignition can be locked for 6 months to one full year, and you’ll only be allowed to drive on a restricted license during that time.
Second Offense
The second DUI charge means a minimum of 92 hours and a maximum of 1 full year in a county jail. The court can charge you fines that range from $390-$1,000. You can lose your license for a full two years, making it difficult to work, especially if you live in a rural area. After you get a restricted license, the court can limit your driving with an ignition lock that will remain on your vehicle for up to one year.
Third Offense
The third time you’re found guilty of DUI charges, you’ll be sentenced to as little as 120 days or as long as one year in jail. You’ll get charged at least $1,800 in fines. You’ll also lose your license for 3 years and potentially have an ignition lock installed on your vehicle for an additional 2 years.
California lawmakers have arranged things so that each DUI conviction remains on your record for a full 10 years.
In addition to actual DUI penalties, if you were in an accident while driving drunk, you will also face any charges that were incurred during the accident. This can include minor traffic offenses or vehicular manslaughter.
Medications Can Mess up Your Life
There are several medications that can play havoc on your body when you mix them with alcohol. The problem with many medications, even some over-the-counter allergy medications is that they alter the way your body absorbs alcohol. This means that if you go to the bar and have your normal amount of alcohol, and the amount that in most cases allows you to legally drive home, the medication could have created a significantly higher blood alcohol level and you’ll be arrested for DUI. Several people have had their lives destroyed because they didn’t realize how badly the medication and alcohol would react.
If you’re on medication, it’s in your best interest to not get behind the wheel if you have accidentally mixed the alcohol and the medication. Call a friend, get a room, hire a taxi. Do anything other than getting in your car.
The Reality of Prop. 25
The November third election is a big one for California voters. Not only do they have to decide which candidate they want in the Oval Office, they also must decide if they want to vote for or against, Proposal 25.
What is Proposal 25
The goal of Prop 25 is to end the current cash bail system. If it passes, California would be the first state to do away with this system. Instead of using a tried and true cash bail system, the state would create a system that would run a “risk-assessment” on suspects. Each suspect would be assigned a risk which would categorize them as:
- Low-risk
- Medium-risk
- High-risk
Low-risk suspects would be individuals that, based solely on a generic test, would be determined a low-risk for not appearing in court and who were deemed a minimal risk to society. They would be promptly released from jail.
On the other hand, someone who is considered high-risk might not show up for their court dates and they’re deemed a threat to society. These individuals would not be released. Eventually, high-risk individuals would get a few moments before a judge, at which point they’d be allowed to explain why the high-risk assessment is unfair.
Individuals who fall into the medium-risk category pose a problem. They might or might not appear in court. And they might, in the right circumstances, be a threat to society. It’s not entirely clear how the courts would be expected to deal with medium-risk individuals, other than some lawmakers stating that cases would depend on the local court’s rules.
Individuals who have been charged with misdemeanors would be exempt from the risk exceptions, though lawmakers are quick to point out that there will be exceptions.
The Problem with Prop 25
At first glance, Prop 25 doesn’t seem like a bad idea. It has the potential to provide individuals with limited income who have created minor offenses with the ability to get out of jail. That’s a good thing, right? Maybe not.
First, even low-income individuals do have the opportunity to be released from jail. If they don’t have the money needed to bail themselves out, they can contact local family-owned businesses like Absolute Bail Bonds where they can take advantage of flexible payment plans that include zero% interest, 20% discounts, and low-payments.
The biggest problem with Prop 25 is that it doesn’t appear that anyone has a good way to run the risk assessments. Fans of Prop 25 haven’t been able to provide much information about how the assessments will be run or how they’ll be evaluated.
The current system provides the court to look closely at each person’s criminal and community history. This information is used to determine how much money is needed to convince the person to stay out of trouble and attend all of their court appearances. The fact that bail can be revoked if the person does violate the terms of their release by engaging with certain people, leaving town, or committing a crime provides further incentive for everyone to walk the straight and narrow path while they wait for their case to reach its conclusion.
The biggest concern with Prop 25 is that while fans of the proposed law are convinced it will work, they’re unable to provide any detailed information about how the risk assessment will be conducted. When you read the bill, all it says is that the risk assessment will use “tools shall be demonstrated by scientific research to be accurate and reliable.”
That sounds a lot like the type of system internet dating sites use, and everyone who has used one of those sites knows that while love matches are possible, most of the connections are massive duds. Does anyone really want to have a bail system that has the same kind of success rate as the average internet dating service?
False Allegations of Child Abuse in California
Child abuse laws are designed to protect children from being hurt. They’re good laws that make a lot of sense. Unfortunately, they are also laws that can be used against people, particularly parents who are engaged in a child custody dispute. It’s not unheard of for one parent to accuse the other parent of child abuse in order to obtain full custody of the children. It’s an accusation that can deal a lasting blow to both sides.
While there have been instances of men lodging false child abuse claims against women, it’s far more common for a woman to falsely accuse a man of child abuse. Data collected by the Stop Abusive and Violent Environments (SAVE) indicates that 85% of all child abuse protective orders are filed by men and issued against men. One lawyer estimates that approximately 90% of those that are filed during a divorce and that mention child abuse are a tactical move to gain custody of the children.
California’s family court judges are legally obligated to take all child abuse accusations seriously. The last thing anyone wants is for a child to be hurt because the court failed to act. As soon as one parent accuses the other of child abuse, the court will take action, usually siding with the parent who made the accusation. If you are the one accused of abusing children, you shouldn’t assume that you’re promptly out of luck. You do have to be willing to take a defensive stance.
It’s in your best interest to demand that the court investigate the accusations. Be prepared for this to involve an in-depth and invasive investigation into your background. Court-appointed experts will interview several people which can include:
- Your children
- Family
- Friendly
- Doctors
- Teachers
The process is time-consuming and often frustrating. When you feel impatient, remind yourself that you’re doing this for the good of your child.
The topic of false child abuse accusations in California is addressed in Family Code section 3027. According to the code, once it’s proven that the allegations filed against you were knowingly false, you have the right to seek monetary compensation for your court fees and additional costs that were connected to proving your innocence. The result of the investigation could lead to a significant change in which parent is granted custody of the children.