Author: spiralmode

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...

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, but 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

The pandemic has been running our lives since March. There isn’t a single aspect of life that it hasn’t impacted. Many of us have grown tired of all the restrictions the virus has placed on our lives and are starting to rebel against the shutdown...

California is known for its earthquakes. Unlike wildfires which can be somewhat predictable and avoidable, there’s never much warning before an earthquake occurs. Even with the surprisingly accurate MyShake earthquake phone app you usually have less than a minute to prepare yourself for the...

evading-police-in-california Police chases might look exciting on television, but the reality is much different. Evading the police in California is dangerous, especially if the event takes place in a place that is heavily populated by either other drivers or pedestrians. Fleeing from the police, even if they only want to question you, can result in serious legal consequences.
can-you-leave-the-scene-of-an-accident You’ve just been involved in an accident. As far as you can tell, it’s not a big deal. You barely bumped the other car’s back bumper. There can’t possibly be any damage to their car so surely it’s perfectly acceptable for you to simply drive around their car and get on with your day. Wrong. Leaving the scene of an accident is a very bad move that can land you in serious legal trouble. As soon as you decide to leave the scene of an accident, you’re considered a hit and run driver. California lawmakers have little patience for hit and run drivers. It doesn’t matter how severe or minor the accident is, if you were involved, you’re legally required to stop your vehicle, survey the damage, and exchange name, contact information, and insurance information with the other driver. In most cases, it’s in your best interest to have the police investigate the accident. If you and the other driver decide that the accident doesn’t justify a police investigation, you’re still required to report the accident. You have 24 hours to notify the police. If the accident involved someone getting hurt, you’re expected to provide assistance with the injury.

But What if You Weren’t at Fault?

Most people don’t realize that even if you’re not at fault for the accident, you can still be charged for a hit and run if you flee the scene of the accident. California law requires that all drivers involved in the accident remain on the scene.

What Happens if You’re Found Guilty of Hit and Run

Hit and Run accidents are one of California’s many wobbler laws. If the accident only involved property damage, you’ll be charged with a misdemeanor. If someone was killed or sustained an injury that required medical attention, you’ll be charged with felony hit and run driving. The penalties for misdemeanor hit and run include:
  • Up to 180 days in a county jail
  • Up to $1,000 in fines
  • 3-years informal probation
  • Restitution
  • A 1-year suspension of your driver’s license
  • 2 points added to your driving record

There’s nothing worse than noisy neighbors. Without fail, neighbors only seem to get noisy after you’ve had a long day and only want to crawl into bed and sleep for twelve straight hours. The more exhausted you are, the louder they seem to get. Figuring out...

california-lemon-laws-for-dogs When you bring a dog into your family, you assume that you’re getting a healthy animal who will be a buddy and best friend for several years. Unfortunately, sometimes things don’t work out the way you hope. Instead of a pet who will go on hikes and give you comfort, your new dog develops health problems that ruin your financial stability. If you find yourself in this situation, you might want to look into California’s dog lemon laws. California is one of 22 states that currently have lemon laws in place that are designed to protect pet owners. They are surprisingly similar to vehicular lemon laws.

What are California’s Lemon Dog Laws?

The purpose of California’s lemon dog laws is to protect you from the financial headaches that go hand in hand with inadvertently acquiring a dog that has health problems. The lemon dog law says that you can reasonably expect the dog to be healthy and free of illness and disease for the first fifteen days they live in your home. In order to take advantage of this law, you have to obtain written certification from your veterinarian that the dog developed some type of illness that had previously existed in the dog prior to you acquire it. It could also apply if the seller lied about vaccinating the dog prior to you taking possession of the animal. The second aspect of California’s lemon dog law deals with congenital and hereditary problems. If the dog develops a health problem that makes it impossible for you to use the dog in the way you intended or means taking on veterinary bills you didn’t anticipate, you have the ability to contact the breeder and discuss reimbursement. These health problems have to appear within the first year of the dog’s life. If the dog passes away as a result of congenital or hereditary health problems during the first year of its life, you are also protected by California’s lemon dog laws.

The Seller’s Responsibility Under the Lemon Dog Laws

The purpose of California’s lemon dog laws is to encourage breeders to breed responsibly. The hope is that the laws will encourage breeders to get a full genetic workup on their breeding dogs prior to mating them. It also encourages sellers to disclose known health problems in all sales contracts.
  • If your dog develops health problems that are covered by California’s lemon dog laws, the seller has a few choices.
  • They can reimburse your vet bills that are related to the health issue until that amount matches the purchase price of the dog
  • They can offer a replacement puppy
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

We’re all familiar with the Miranda Rights, which basically grants us the ability to not tell the police anything if we’re arrested. While we’ve heard thousands of television cops recite the famous words “you have the right to remain silent” few of us actually know...

the-right-to-remain-silent Unemployment fraud isn’t new. There have been instances of it dating all the way back to when the system for helping people stay financially solvent after they suddenly lost a job was first created. The high number of people who were forced to claim unemployment benefits when the COVID-19 pandemic struck the United States, combined with some unexpected unemployment bonuses the government instituted in an attempt to keep the economy running has triggered an interest in unemployment fraud. Loree Levy, a spokesperson for the California Employment Development Department, recently confirmed that the state is on the lookout for people who are committing unemployment fraud. "We certainly have legitimate PUA claims in California, but we do suspect that a big part of the unusual recent rise in PUA claims is linked to fraud." (source) Levy’s department released a press release the addressed the issue. “These perpetrators are often using stolen identity information from national and global data breaches, as well as exploiting expedited payment efforts in the federal PUA program," the release stated. (source) In California, you can be charged with unemployment fraud if it’s believed that you knowingly supplied inaccurate information to obtain unemployment benefits you aren’t entitled to. Even if you’re application isn’t approved, you can be charged with unemployment fraud. Examples of unemployment fraud include:
  • Providing false identification information on the application
  • Failing to report earned income while collecting unemployment
  • Failing to report additional forms of compensation you’re collecting while also collecting unemployment
  • Not being a legal California resident
  • Falsifying employment information
  • Stealing another person’s unemployment check
the-legal-consequences-of-public-fighting Street fighting, barroom brawls, and throwing a punch at a guy who steals your parking space. In the movies, these things never seem like a big deal. The worst thing that ever seems to happen to the characters who are involved in public fighting is that they spend a few hours in jail. Sadly, real-life doesn’t mirror the movies. California has public fighting laws. If you’re busted for public fighting in California, you’ll face serious consequences.

What is Public Fighting?

California considers public fighting to be a disturbing the peace crime. The issue is addressed in the Penal Code 415. When you read PC 415 you’ll discover that it doesn’t take much for an officer to decide that you're in violation of the law. PC 415 states that you can be charged with disturbing the peace if you’ve:
  • Challenged another person to a fight while in a public place
  • If you get into a fight with a person while in a public place
  • If you’ve deliberately and maliciously used a loud noise to disturb someone
  • If you’re caught using malicious language or words that are designed to hurt or provoke someone while you were in a public place