What Happens if You’re Accused of Stalking in California
Stalking accusations are taken very seriously in California. Every single person connected to the state’s judicial system understands that stalking often escalates into more serious crimes, which is why they will quickly launch an investigation when someone accuses you of stalking them.
Whether you actually are stalking them or it’s an accusation that has been made in an attempt to get you into legal trouble, it’s in your best interest to start preparing yourself for what the future could hold if the police find enough evidence to justify filing stalking charges against you.
Stalking is dealt with in California’s Penal Code 646.9 PC. Reading through the law is the best way to fully understand what the state does and doesn’t consider stalking. The law reads:
“Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking…”
While stalking is taken very seriously by the entire California legal system, it is also one of the state’s wobbler offenses, meaning that you could be charged with a misdemeanor or a felony. Things like your criminal history, if any threats were made, how long the stalking took place, how intense the stalking incidents were are taken into consideration when a judge decides if you should be charged with misdemeanor or felony stalking.
If you are charged with misdemeanor stalking in California, you shouldn’t assume that you’ll get off lightly. If convicted, the judge could sentence you to a full year in a county jail and/or fine you $1,000. It’s also possible that you’ll be required to take some education courses such as anger management and substance abuse recovery.
The sentence for felony stalking in California is a three-year span in one of California’s state prisons and a fine that could be as much as $10,000.
It’s important to note that stalking is one of California’s Three Strikes crimes, meaning that the third time you’re convicted of felony stalking will result in a minimum sentence of 25 years in a state prison.
The Lasting Consequences of a DUI | California Laws
It’s likely that you already know that the first time you’re convicted of a DUI in California, you will lose your driving privileges for a period of time, be required to pay some hefty fines and have to take some substance abuse classes.
What you may not have considered is the long-term impact that a single DUI will have on your life.
The first thing you need to consider is how your employability will change following your DUI. The biggest challenge comes right after you’ve been sentenced and have your driving privileges revoked. How are you going to get to work? How will you get home? If you’re unable to make the commute to your current job because you are no longer able to drive, will your employer give you a leave of absence and allow you to return to work once your driving privileges are reinstated, or are you going to have to look for another job?
The DUI conviction could also impact your ability to get another job. Some employers specifically ask if you have a criminal conviction on your record when you apply. Whether you have to disclose your DUI depends on how the question is worded. If they are only asking about felony charges, you can avoid mentioning the conviction. However, if they ask about any criminal offenses, including misdemeanors, it’s in your best interest to mention the DUI. This protects you if the potential employer runs a background check that turns up the DUI conviction. At least they won’t think you’re dishonest.
Be prepared for the DUI to play a painful role in your budgeting for a long time to come. Not only will you have to deal with the court fines connected to the conviction, but it’s also going to have a seriously negative impact on your car insurance. Many insurance companies will drop you after you’ve been convicted of a DUI. Even if your insurance company does decide to keep you on as a customer, you should be prepared for your premiums to skyrocket and for them to stay high for a very long time.
The first time you’re convicted of a DUI in California, you’re potential sentence could include a six-month suspension of your driver’s license, a $390-1000 fine, DUI school, and up to six months in a county jail.
California’s 3 Most Common Driving Infractions
Every single day, hundreds of drivers throughout the state of California receive traffic violations. While obtaining a ticket for many things is possible, some traffic violations are more common than others.
Speeding
While there aren’t any hard stats showing how many speeding tickets are written by California patrol officers daily, it’s fair to say that speeding tickets make up the bulk of California’s traffic violations.
The exciting thing about speeding tickets is that many drivers, especially younger drivers, don’t think they are a big deal. Drivers don’t understand a speeding ticket’s long-term financial impact on their lives.
The first thing to consider is the cost. The base fee of a California speeding ticket is $35-$200, but that isn’t all you’ll have to pay. There are also fines, fees, and costs connected to the ticket. That $35 ticket will cost you about $150 or more when all is said and done. The faster you are going, the more the speeding ticket will cost. In addition to the traffic ticket fees, you will also see an increase in your car insurance, which could be years before your premiums decrease.
Reckless Driving
California drivers have a severe problem with reckless driving. Reckless driving tickets are issued when a driver is driving in a manner that displays a disregard for your safety as well as the safety as others. In California, many reckless driving incidents involve road rage.
Reckless driving in California isn’t a laughing matter. Depending on the circumstances surrounding the incident, it’s possible that the issue won’t be treated as an infraction, but rather a misdemeanor. If someone is killed in a reckless driving incident, the situation could be handled as a felony.
Using a Cell Phone While Driving
Despite all the warnings, people continue to use their cell phones while driving. Since this has led to several traffic accidents throughout the years, California has adopted strict cell phone driving violations. While you can use a hands-free setup while driving, you’re not allowed to use the phone traditionally. You’re also not allowed to text while you’re driving. In addition, if you are caught driving and using your cell phone, you will receive a negligent operator point on your driving record for each violation in 36 months.
How Parking Tickets Impact your Driving in California
Very few drivers in California haven’t received at least one traffic ticket. In most cases, the driver sputters a little bit, pays the fine, and moves on with their life. However, some California drivers have racked up lots of parking tickets.
There are two reasons drivers fail to pay for their tickets. First, they simply don’t have the money needed to cover the fine. The second, and more common reason is that they don’t think parking violations are a big deal and simply ignore them.
If you fall into the second category of drivers, there are a few things you should know about outstanding parking tickets in California. California’s government depends on the revenue they collect from tickets. They are determined that you should pay the fines connected to the tickets. The first step the government does is increase the amount of money you must pay. The older the outstanding parking ticket is, the heavier the fine is.
If the fine remains unpaid, the court doesn’t beg you to pay the ticket. Instead, the suspend your drivers license. Once this happens, the only way you’ll regain your driving privileges is by paying the tickets as well as any fees connected to reinstating your driver’s license. Before you consider driving with a suspended California driver’s license, consider that doing so is a misdemeanor. If you’re caught, you’ll be arrested. If you get into an accident, the insurance company will likely use the fact that you weren’t supposed to be legally driving as an excuse not to pay out on the claim.
What is a Domestic Violence Restraining Order in California?
California has different types of restraining orders. One version is the Domestic Violence Restraining Order. The DVRO can only be used in cases that involve two people who have shared an intimate relationship. It can be used in cases that include fiancées, spouses, couples who have been dating, siblings, parents, children, and grandparents. There are cases where a DVRO was taken out in cases involving in-laws.
Having an intimate relationship with the person you’re trying to get the DVRO against is just one-half of the equation. The second half is that you must have been abused. This doesn’t always mean physical abuse. Suppose you can provide sufficient evidence to support a claim of emotional, psychological, and even online abuse by a person you have a relationship with. In that case, you can apply for a DVRO.
A DVRO can only be granted by a California judge. Once the judge approves the restraining order against them has been granted and to make sure that the individual understands the terms of the DVRO.
While each DVRO goes through a bit of customization to suit each case, it can be used to:
- Make sure the person named in the order can’t contact you
- That they must maintain a specific distance away from you
- If you live together, they’ll be required to move out
- Make sure the named person doesn’t stalk, harm, harass, or threaten anyone the DVRO is designed to protect
A surprising number of people assume that they have to pay to have a DVRO taken out on an abuser in their life. That’s not the case. Not only are you able to fill out the application for a DVRO for free, but the police will also serve your abuser with the papers at no charge.
Some California counties have a policy that requires you to fill out a “fee waiver application” form, and there still won’t be a fee connected to the filing process. The document simply states that you aren’t paying for anything connected to the DVRO.
The amount of time a DVRO remains in effect depends on its type of protection order. If the DVRO was created as a direct result of an emergency, it’s only in effect for seven days. Before the seventh day elapses, you need to file for another DVRO that will last longer.
A temporary DVRO is designed to protect you for 20-25 days. Permanent DVROs can remain in effect for as long as five years. A hearing will take place during which a judge will listen to the case and decide exactly how long the DVRO should last before it expires.
How Misdemeanor Probation Works in California
It’s not at all unusual for a California judge to sentence a person to misdemeanor probation rather than actual jail time. This doesn’t mean that you’ve gotten away with anything. It simply means that the judge considers you a low-risk criminal offender and that it makes more sense for you to remain at home instead of spending a few months in a jail cell.
Don’t assume that since you’ve been sentenced to misdemeanor probation, you’re free to do whatever you want. There are still a few rules and requirements you’ll have to follow.
Misdemeanor probation is a sentencing option for most California misdemeanors. Judges frequently use it when the case involves a juvenile or adults who are first-time offenders. The idea behind misdemeanor probation is that it’s not a punishment for a crime but a chance for you to receive some rehabilitation and learn from your mistakes so you don’t find yourself on the wrong side of the law again.
California judges have the option to sentence you to anywhere from one-five years of misdemeanor probation. While five years of probation is on the table, it’s highly unusual for anyone to receive more than three years. While each case can differ, most misdemeanor probations include the following:
- Paying court fines and any restitution connected to the case
- Possible counseling sessions
- Community service
- Drug/alcohol counseling and testing when appropriate
You will be required to periodically appear in court while you’re serving probation for routine progress reports.
While the vast majority of people are delighted to be sentenced to misdemeanor probation rather than actual jail time, every once in a while, someone will reject the judge’s offer of probation. Reasons you may choose to decline probation include the following:
You would rather spend a few months in jail than a few years on misdemeanor probation.
You want to serve some jail time and put the entire matter behind you
You’re worried you won’t be able to stick to the terms of the misdemeanor probation and will ultimately violate probation and be in even more legal trouble
The last thing you need to know about misdemeanor probation in California is that it is possible to violate the terms of your probation.
If you get in involved with a misdemeanor parole violations, the possible repercussions include the following:
- Having your probation time extended
- Being required to pay yet more fines
- Losing your ability to have your conviction expunged from your record
- Possible jail time
Suppose you have been sentenced to misdemeanor probation in California. In that case, it’s in your best interest to meet with your lawyer immediately so they can explain precisely what requirements you must adhere to during your probation time and how to successfully navigate the probation process.
Are Yard Sales Legal in California?
Yard and garage sales are an excellent way to clear your home of clutter and to generate some extra money.
The good news is that California doesn’t have any laws that restrict you from having a yard or garage sale. As far as the state is concerned, they’re perfectly legal. However, that doesn’t mean you’re free to move your stuff into your front yard and start selling it.
While the state doesn’t have any rules governing yard and garage sales in California, many local branches of government do. In addition, several California cities don’t forbid yard and garage sales but have rules you’ll have to follow when you decide to sell your unwanted items.
Some cities and townships require a permit for yard and garage sales. The good news is that these permits aren’t challenging to acquire and don’t cost much. The best way to obtain a permit for a yard or garage sale in California is to visit your city clerk’s office. You can do this in person or online.
The biggest restriction most cities/townships place on garage and yard sales is the number you can have during a given period. Pasadena is a city that has such a restriction. You’re allowed to sell your items via a yard or garage sale, but if you live in Pasadena, you can only have a maximum of four garage sales annually. One of the ways you can get around this is by connecting with a few neighbors or friends and having joint yard sales.
While the state of California doesn’t restrict your ability to have a yard or garage sale, they do have some rules about what you can sell during the event… or rather, what you’re not allowed to sell. Three specific things that are prohibited are:
- Alcohol
- Ammunition
- Firearms
Food sales are also heavily regulated.
Many cities have rules about selling certain chemicals, such as pool supplies, at yard sales. It’s also common for some items like hot tubs and large appliances aree banned by the city.
Employment Scams You Need to Be Aware Of
Everyone talks about phone scams, dating scams, and internet scams. Somehow, employment scams slide under the radar.
Employment scams are interesting because few people see them coming.
What’s the Point of an Employment Scam
There are three main reasons that employment scams exist.
Making Fast Money
Some people will launch an employment scam because they want to make money. These types of employment scams are especially common with virtual positions. The way they work is that the person offers a job, but they charge some type of fee, usually in the form of a sign-up fee. The scam’s creator pockets the money and is never heard of again.
Gaining Personal Information
A surprising number of employment scams are designed to gather personal information that can be used for identity theft. These employment scams can happen virtually or in person. They’re effective because no one thinks twice about providing a great deal of information, including addresses, social security numbers, and even banking information, when they are in the process of transitioning to a new job.
Acquiring Free Labor
Probably the most common type of employment scam is the one designed to acquire free labor. The job exists, and the new hire does the work, but for some reason, a paycheck never materializes. The problem that many people face with this type of employment scam is proving that they were, in fact, told that they were going to get paid.
How to Avoid Employment Scams
While it might be impossible to completely avoid employment scams, there are some things you can do to limit the amount of contact you have with them.
Use a Reputable Source to Find Job Listings
Many of us use websites to learn about available jobs. These sites are great for seeing what’s available and comparing one job posting to another. The problem is that some of the job search sites are legit, and some are not. Stick to the sites that have a reputation for pairing people with jobs. If you’ve never heard of a site before or can’t find proof that anyone you know has ever used it, stay away from the jobs they have posted.
Research the Company
Before sending in your application, set aside some time to research the company. Most of job search sites include reviews that are written by people who have been employed by the business. The great thing about these reviews is that not only do they confirm that it’s an authentic business, but it also provides you with some useful insight into the business’s working conditions and allows you to decide if it’s a place you really want to work.
Does it Sound too Good to Be True
If a job is promising you great hours, minimal effort, and extraordinary pay, you should approach it with caution. While there are some really great jobs out there, the general rule of thumb is that if it sounds too good to be true, it is probably a scam.
What Is the Difference Between Assault and Battery in California
If you think that assault and battery are the same thing, you’re mistaken. In California, assault and battery are two different crimes. The reason so many think they are the same charge is that it’s not uncommon for a person to be simultaneously charged with both, which means they’re linked in police reports and media write-ups.
According to California law, you’re guilty of assault if you commit an act that convinces the victim that they are in danger of either harmful or offensive contact. Battery is what happens when you actually carry through with the act. The way the laws are written, it’s quite common for someone to be charged with both assault and battery.
What Happens if You’re Charged with Assault
In order to be convicted of assault in California, you must have done something that indicated an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” The way the law is currently written, as long as the intent is there, you can be charged with assault even if you ultimately fail to go through with the act.
If you’re convicted of simple assault, the maximum sentence involves a $1,000 fine and/or up to six months in a county jail. If the assault involved a deadly weapon, you could be sentenced to as much as four years in a state prison and also be ordered to pay up to $10,000 in fines.
What Happens if You’re Convicted of Battery
Battery is one of California’s wobbler offenses which means that the circumstances surrounding the incident determine whether you’re charged with a misdemeanor or a felony.
In California, battery is any willful and unlawful use of force or violence upon the person of another. What this means is that if you threaten to hurt someone and don’t go through with the act, you cannot be charged with battery. On the other hand, if you go through the act and by some lucky chance the victim doesn’t get injured, you can still be charged with battery because you went through the with the intended action.
If you’re convicted of misdemeanor battery, you can be ordered to pay as much as $2,000 in fines and serve six months in prison. If you’re convicted of felony aggravated battery, you’ll be sent to prison and ordered to pay even larger fines. It’s likely the victim will also file a civil complaint against you.
How Does the California Family Rights Act Work?
Everyone who lives in California should dedicate some time to familiarizing themselves with the Family Act. Businesses that are required to grant leave based on this particular Act are all state governmental agencies and any California business that employs at least five people.
The Act requires the business owner/manager to grant leave to any employee who:
- Has just given birth
- Has just had a child placed with them either through adoption or as part of a foster care program
- Needs to handle the immediate care of an immediate family member who has developed a serious medical condition and can not be left unattended for an extended period of time
- An individual who has developed a health condition and needs time to recover (this doesn’t include pregnancy)
- Military reasons
One of the big things the Act does is make it impossible for employers to utilize preference or discriminatory reasons when it comes to who does and doesn’t get left. Now that the Act is in place, anyone who requires the time off for the reasons included in the Emergency Family Act must be given the time they require to adapt to discover their new normal.
You’re not allowed to simply walk up to your manager one day and say that you need time off because of the California Family Rights Act. Whenever possible, such as when you’re anticipating a baby, you should try to provide your employer with at least 30 days advanced warning so that they can make the necessary adjustments to the schedule. If thirty days advanced warning isn’t enough, do try to alert your employer to the situation as soon as possible.
Your employer is legally allowed to require a written certification from a suitable professional that basically confirms your need for the time off. In health-related cases, this proof should come from the attending doctor. If the emergency relates to a pending adoption or the arrival of a foster child, the connected agency should provide the proof your employer requires. While the employer is allowed to request proof that you need the time off, they aren’t allowed to ask for specific details.
While your employer can require that you use some of your paid sick days during the emergency time off, they aren’t allowed to demand that you use any vacation days. Your employer is also required to keep up with your group health benefits, including the portion of the cost that the employer’s shoulders.
When you’re using the Family Rights Act to get time off of work so you can deal with a situation at home, you’re entitled to a full twelve weeks. Most importantly, your employer has to hold your position for the entire twelve weeks.
If you suspect you’re going to need to invoke the California Family Rights Act in the near future, you should talk to your employer now, so everyone is prepared for the situation and can handle it in a stress-free manner.