Author: spiralmode

what-happens-when-you-bounce-a-check-in-california We all make mistakes. One of the mistakes that many of us have made at one time or another is not checking our account before writing a check. As a result, the check bounces and you face a series of problems. The good news is that in most cases, the consequences of writing a bad check aren’t horrible. The person/business you wrote the check to contacts you. You’re embarrassed but cover the amount of the check plus whatever fee the business attaches to the returned check. There’s also a chance that your bank will charge you an overdraft fee. Once you’ve covered all of these costs, you can stop worrying about the matter and get on with your life.

In some extreme cases, the legal system gets involved.

Check fraud is covered by California’s Penal Code 476 PC. According to the law, you can be charged with check fraud whenever you do something with a check that leads the person who is receiving the check that they believe is good. You can be charged with check fraud if you:
  • Write a check even when you know there aren’t sufficient funds in your account
  • Create checks for an account that doesn’t exist
  • Alter the routing or account number on a check
  • Writing checks for an account you don’t own
  • Altering the amount written on a check
12 November, 2020 /
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.
09 November, 2020 /
cults-and-the-law Every so often a community will start to whisper about the possibility of a cult forming in the neighborhood. Generally, as soon as the rumor of a cult starts, people start worrying about what drastic action the cult will take and how the community can stop them.

What are Cults

Many people mistakenly believe that cults are nothing more than a group of people who don’t adhere to accepted societal rules. That’s not what a cult is. There are specific requirements that must be met before a group is classified as a cult. The literal definition of a cult is, “1) a religion regarded as unorthodox or spurious. 2) a group that expresses great devotion to a person, idea, object, movement, or work 3) a usually small group of people characterized by such devotion 4) a system of religious beliefs and ritual.

Why People Fear Cults

People fear cults. The main reason so many people fear cults is because they know some cults encourage dangerous behavior. In the case of The People’s Temple and Heaven’s Gate, cult members were encouraged to participate in group suicides. These are extreme examples. There are reports of other cults that didn’t believe in mass suicide, though they did encourage questionable behavior such as practicing risky medical procedures, demanding that members practice extreme and sometimes dangerous lifestyle changes. Most people fear cults because they’re worried that the group’s leaders practice both strong-arm and brainwashing techniques on the members.

Cults and the Law

Surprisingly, there aren’t many laws that pertain to either the creation or the joining of cults. There is a simple reason for this. Most cults have a religious origin and stepping in to disband one without just cause would be a violation of religious freedom. The only time legal action can be taken against a cult is when the authorities have clear proof that the leaders or members are involved in dangerous or illegal behavior. If the authorities have evidence that the alleged cult is doing something illegal, they can consider the group a criminal organization and explore taking legal action against the group. The list of behaviors that have justified bringing charges against cult leaders include:
09 November, 2020 /
drunk-driving-on-halloween It’s no secret that getting behind the wheel after you’ve been drinking is a bad idea, yet there are a few nights of the year where drivers leave their common sense at home and drive home after having one too many. Halloween is such a night.

Why People Drink on Halloween

Halloween is a festive holiday. A time when lots of people like to cut loose and relax. There are usually lots of parties where the alcohol generally flows. The happy atmosphere combined with the anonymity of wearing a costume makes it easy to cut loose and lose track of how much you’ve had to drink.

The Dangers of Drinking and Driving on Halloween

There’s never a safe time to drive after drinking, but it’s particularly dangerous on Halloween. The lure of free candy means that the streets are full of very young children. Many of these children aren’t paying attention to anything but getting to the next house as quickly as possible. They don’t look before they cross streets or rush around blind alleys. Sober driver’s often struggle to stay alert when driving through popular trick-or-treating areas. With alcohol dulling your reflexes the odds of you getting into a drunk driving accident on Halloween increase. Another thing to keep in mind is that Halloween is one of the holidays when police officers are out in force and they are going to be extra alert. The slightest sign that you’re driving while impaired on Halloween and they will pull you over.

The Consequences of Drunk Driving on Halloween

The legal blood alcohol count (BAC) for the average adult driver in California is 0.08%. If it’s any higher, the police will file drunk driving charges against you. Even if you’re BAC is slightly lower than 0.08% when you’re pulled over, there is still a good chance that they’ll arrest you so that they can conduct a second test once the last drink you enjoyed hits your system. Getting found guilty of DUI on Halloween will have a serious and negative impact on the quality of your life.
  • First offense - $390-$1,000 in fines, up to 6 months in jail, your license can be suspended for up to 6 months
  • Second offense - $390-$1,000 in fines, up to one year in jail, your license can be suspended for 2 full years. The court can order your ignition locked for a full year.
  • Third offense - up to $1,800 in fines, minimum 120 days maximum 12 months in jail, your license can be suspended for 3 years and your ignition can be locked for 2 years.
30 October, 2020 /

The term fake news has been used a lot over the past four years. The good news is that hearing the term so often has made people stop and think about how much we take news stories for granted. Today, more than ever, we have...

30 October, 2020 /

There is a housing problem in California. The state has more people who need a home than there are affordable rental options available. The shortage of available housing is likely why there seems to have been an increase in “squatting” cases. What is Squatting? Squatting is a...

29 October, 2020 /
stay-safe-this-halloween Halloween is right around the corner. It’s one of those holidays that kids look forward to all year long. It’s not uncommon for kids to spend months working on a Halloween costume and planning their trick-or-treating route.

Safety and Halloween

Every single year, the news is always full of stories about people wondering if traditional trick-or-treating is safe. Concerning issues include the potential to bring poisoned candy into the house, getting hit by a car, or getting kidnapped. This year has the added complication of COVID-19.

Is it Safe to Trick-or-Treat?

The good news is that Halloween hasn’t been officially canceled in California, but lawmakers and members of the medical community are concerned. Officially they are asking people to skip the tradition of trick-or-treating this year, but they have also stated that they’re leaving the final decision to the parents.

What Should You Do

No one can tell you if you should stay at home this Halloween or if you should go trick-or-treating, you need to decide what your personal comfort levels are. If you do decide to go, there are a few things you can do.
  • Use a pair of tongs to select candy from dishes/buckets
  • Set a limit on the number of houses you’ll visit
  • Have your kids wear gloves and face mask while trick-or-treating
  • Limit your trick-or-treating to your own social circle.
  • Have your kids use hand sanitizer after each house
29 October, 2020 /

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...

27 October, 2020 /
dealing-with-child-abandonment-in-california Child neglect has been on the minds of California lawmakers for a long time. From 1987-1995 there was a 27% increase in child abuse/neglect cases. In 1994 alone, the state dealt with 664,000 child abuse/neglect cases, with 90,000 children becoming involved in the state’s foster program. No one was happy about the situation. In California, child abandonment laws and child neglect laws are tangled up together. Issues that are covered in the state’s child neglect/abuse laws include:
  • Emotional Abuse
  • Exploitation of minors
  • General Neglect
  • Physical Abuse
  • Severe Neglect
  • Sexual Abuse
27 October, 2020 /
is-it-legal-to-drive-with-earbuds-in-california Bluetooth headphones that let us do everything from answer phone calls to listen to our favorite tunes were invented, it seems like we always have earphones inserted into our ears. It’s so easy to listen to your favorite music or audiobook while you’re getting ready to go and leave the earbuds in once your driving. What some people don’t realize is that continuing to use their earbuds while driving isn’t legal in California. For years, driving with headphones on has been illegal in California. Many lawmakers assumed that earbuds fell into the same category as headphones, but as is always the case, someone protested that they weren’t the same thing. Rather than argue with every single driver who got pulled over for wearing earbuds, California lawmakers passed a law that officially made it illegal to drive with earbuds. The new law means you can’t wear headphones, earbuds, or a single ear Bluetooth earpiece while you’re behind the wheel.

Why Can’t You Wear Earbuds While Driving in California?

You might not think that your earbuds impact your ability to safely drive but California lawmakers disagree. There are a few reasons why they have made it illegal to wear earbuds while driving, including:
  • Earbuds, particularly noise-canceling earbuds make it important to hear sounds, such as train whistles, sirens, and honking, that are happening outside your car. Failing to hear the sounds increases the likelihood of you getting into an accident.
  • Listening to things via earbuds can pull your attention away from things that are taking place on the road in front of you, such as a child running across the street or a school bus turning on their flashers.
  • Earbuds encourage you to answer your phone while driving, something that drastically increases the risk of you getting into an accident.
16 October, 2020 /

Signs warning drivers about the dangers of picking up hitchhikers litter the sides of California’s highways. Upon seeing these signs, most of us assume that we’re close to one of the state’s prisons and that cops are worried that a hitchhiker could be an escaped...

16 October, 2020 /
handling-hate-crimes-in-california Hate crimes are a far bigger problem than many people realize. Data collected by the Justice Department indicates that starting in 2013 and ending in 2017, there were approximately 55,000 gender-related hate crimes in the United States. As if the number of hate crimes wasn’t already scary enough, recent stats indicate that there is a problem in how theses crimes are documented by the authorities. A recent batch of statistics indicated that police departments around the country dealt with just 215 gender-related hate crimes. At first, that sounds great, the number has gone way down, but the number of problems the police reported is just 3% of the same type of hate crimes the FBI dealt with during that same period.

What are Hate Crimes

On the surface, hate crimes appear to be leveled at just one or a small group of people, but experts know that hate crimes are more. While only a few people might draw the actual anger and bias of the person who is dishing out the hate, it is a problem that impacts everyone. It’s an attack on an entire, large group of people and an attack that shakes the self-esteem of the entire country. A hate crime is a nasty attack that is directed at someone because they represent a specific group of people. Examples of hate crimes include crimes that are initiated because the attackers are upset about their victim’s:
  • Nationality
  • Gender
  • Religion
  • Sexuality
  • Disability
  • Race/ethnicity
15 October, 2020 /