According to 18 USC Section 1029, it is prohibited to knowingly and with an intent to defraud, use, or traffic one or more counterfeit access devices; produce, traffic, or possess device-making equipment; or commit another act pursuant to a violation of the statute.
What are the elements of the crime?
The prosecution must prove that the defendant committed one of the following acts:
Used or trafficked in counterfeit access devices
Possessed or trafficked in device making equipment
Produced, used, trafficked, or possessed a scanning receiver
Arranged for another person to present to a credit card system member or agent any records or evidence of transactions made by the device for getting a fraudulent repayment
Obtained anything of value $1,000 or more within a year with a counterfeit access device
Possessed fifteen or more unauthorized or counterfeit devices
Affected transactions with devices issued to another one to get a payment or any other thing of value $1,000 or more within a one-year period
Produced, used, trafficked, or possessed instruments that were adapted for obtaining illegal use of telecommunications services
Solicited another person to sell information regarding an application to obtain an access device or offer a fake access device
Produced, used, trafficked, or possessed software or hardware designed to modify or insert an instrument to obtain illegal telecommunications service
The defendant acted willfully, knowingly, and had an intent to defraud
Defendant’s conduct affected interstate or foreign commerce.
What does "intent to defraud" means?
For the purpose of 18 USC Section 1029, intent to defraud means acting with the intention to the device or cheat another person. Device-making equipment includes mechanisms, equipment, or impression-making machines which create counterfeit access to funds. Access devices refer to different information that is used to access an account of funds, including personal access codes, cards, and account numbers.
What crimes does 18 USC Section 1029 cover?
18 USC Section 1029 covers crimes that involve:
Credit cards
Debit cards
Computer passwords
ATM cards
Personal identification numbers
Long-distance access codes
Credit or debit card numbers
Subscriber Identity Modules in cell phones
List of common examples of 18 USC Section 1029 violation
Using fraud to obtain a credit card in the mail;
Using another person’s credit card without authorization
Gaining credit card numbers by creating a fake business or website
Using a credit card number fraudulently
Creating a counterfeit credit card;
What Are the Legal Defenses for 18 USC Section 1029 Charges?
The defendant did not have the intent to defraud
If the defendant has committed any of the crimes mentioned in 18 USC 1029 but did so without intent to defraud, he should not be convicted of this crime.
The defendant had or had a reasonable belief that he had an authorization
This can be a valid defense if the defendant actually had authorization or believed that he had it.
What are the Penalties for violating 18 USC Section 1029?
The defendant can face the following penalties:
Up to 15 years in federal prison
A fine of up to $250,000
If you are under investigation or already inducted for U.S.C. Section 1029 federal credit card fraud, call our KAASS Law lawyers (310) 943-1171 to review the details of your case and give professional help.
Recently, under the leadership of President Donald Trump, the United States has been learning about immigration enforcement measures. As a result, many immigrants and refugees have faced the fear of deportation. Local governments have responded to these growing concerns by beginning to take steps to protect immigrants. One such measure was recently taken by the Alameda County Board of Supervisors, which approved meaningful funding and necessary legal services to protect immigrants. The Alameda County Board of Supervisor unanimously approved nearly $2,2 million to support legal services and advocacy for immigrants. The move, approved Tuesday, ensures immigrants get the support they need.
The Immigration Funding Breakdown: A Comprehensive Approach
50,000$ - Asian Pacific Islander Legal Outreach will use these funds to provide advocacy and legal assistance to marginalized immigrants. 500,000$ - Trabajadores Unidos Workers United (TUWU) will fund mutual aid for low-wage immigrants. 700,000 - Centro Legal de La Raza will provide legal services to low-income, Latino and Black immigrants. 1 million $ - California Collaborative for Immigrants Justice (CCIJ) will improve legal representation for detained immigrants.
Why This Initiative Matters
The timing of this decision is crucial, particularly because federal immigration policy has become more aggressive under the Trump administration. As a result, many immigrants face increased uncertainty and fear. Furthermore, many immigrants, regardless of their status, continue to live in constant fear of deportation. Moreover, current federal policy calls for expedited deportations and tougher enforcement against illegal immigrants. Local governments, especially the Alameda County Board of Supervisors, recognize that the federal government's actions are frightening, questionable, and controversial. Supervisor Nikki Fortunato Bass said she and Supervisor Elisa Marquez want to make sure the work is effective and helps who is at risk.
Jasmine Mooney, a Vancouver businesswoman detained at the U.S. border, serves a warning to Canadians traveling for work. Mooney’s case highlights the growing unpredictability of the U.S. immigration authorities. Legal experts are urging Canadians to be more cautious.
A Shocking Detention
Jasmine Mooney was detained for nearly two weeks after attempting to cross the U.S. border near San Diego. She stayed in a private detention center in Arizona, where she shared a cell with 30 other people. Her case is not unique. Immigration attorney Jim Hacking notes that other people, temporary visa holders and permanent residents, have recently faced detention. Occurred under highly questionable circumstances. Mooney was detained under the Jan. 2025 executive order, which states that immigration enforcement will be stepped up, legal experts say indicates increased action against even legal immigration. USA (ICE).
The TN Visa And Its Risks
Mooney had applied for a TN visa, a special USMCA visa that allows certain Canadians and Mexican professionals to enter the U.S. without prior approval from their embassies. However, Hacking notes that border officials could have simply denied her entry instead of detaining her for nearly two weeks. He said - “In the 17 years I’ve been practicing immigration law, I’ve never heard of a TN visa holder being detained for days on end and not being allowed to enter. "This important incident underscores an equally important reality: border officials now have a great deal of discretion in processing visa applications. Even applicants with strong cases can face unexpected problems and obstacles, so it is important to prepare thoroughly before traveling. At we understand the complexities of immigration law and the challenges increasingly faced by individuals crossing the U.S. border.
Immigration has always been an important and popular topic in the United States, but in recent years the situation for undocumented immigrants has become even more tense. With frequent raids by Immigration and Customs Enforcement (ICE), many communities feel threatened. However, local organizations are taking it upon themselves to educate immigrants about their legal rights.
California Legislative Initiatives
Right now, there is a fight in California to protect the rights of immigrants. Mia Bonta, a member of the California State Assembly, is one of the people involved in this movement. She represents a district that includes Oakland, Alameda, and Emeryville. In her statement, she emphasizes that ICE is violating the fundamental rights of both citizens and residents, thereby threatening the safety of the people. She also shared resources that can help immigrants:
Know Your Rights: How to Talk to ICE Agents - A video that clearly shows you what to do if ICE officers come to your door.
Resource List - Available in multiple languages to make it accessible to everyone.
California Rapid Response Networks - Emergency hotlines to assist immigrants.
California Department of Justice Website - Has all the helpful information and resources you need.
Legal defense and advice from attorneys
Immigration attorneys stress that whether a person is documented or undocumented, he or she has rights. Amanda Alvarado-Ford, deputy director of the Immigration Institute of the Bay Area, notes that everyone in the U.S. is protected from illegal searches and has the right to remain silent. She advises immigrants not to talk to ICE officers or sign documents without some form of counseling. What should you do if ICE comes to you
A recent court case in California ended in a high-profile verdict: Starbucks must pay $50 million to delivery driver Michael Garcia. In 2020, Michael suffered severe burns when a Starbucks employee handed him a hot tea that tipped over and burned his groin. Initially, Starbucks offered Garcia $3 million as a pretrial settlement, but he didn't accept. Now, after the trial, the award will exceed $60 million, including attorneys' fees. However, Starbucks plans to appeal the decision, claiming that the amount of the payout is excessive. National attention has garnered this case and raised important questions about how large corporations hold themselves accountable for the safety of their customers. Attorneys, including KAASS LAW, emphasize the importance of such court decisions in protecting consumer rights.
What Happened
On February 8, 2020, 25-year-old Michael Garcia was working as a courier for Postmates and went to a Starbucks in Los Angeles to pick up three Medicine Ball hot teas. According to his attorneys, a coffee shop employee improperly sealed one of the cups before handing it to Garcia. Seconds after receiving the order, the cup tipped over and the lid fell off, spilling boiling tea all over his groin area. Surveillance footage clearly shows the man screaming in pain. Emergency responders rushed him to the hospital, where doctors diagnosed extensive third-degree burns.
What Injuries Did Michael Garcia Suffer
As a result of the accident, Garcia suffered severe burns to his: - groin - genitals - inner highs Doctors immediately rushed him to the hospital, where they performed numerous skin grafts and surgeries to repair the damaged tissue. Doctors performed two skin graft surgeries on his genitals, as well as nerve surgery to restore some of the sensation he had lost. Despite the doctors' best efforts, Garcia still suffers from severe pain, especially with the slightest friction or touch. In addition to the physical strain, the courier also experiences post-traumatic stress disorder, which negatively affects his psychological state and daily life.
When filing a personal injury claim, the presence of pre-existing medical conditions can affect the case and the amount of compensation. Understanding how these conditions affect the process will help you better prepare for potential difficulties. It is important to know that having pre-existing medical conditions can complicate the process, but it does not automatically mean that compensation will be denied.
What Is A Pre-Existing Condition?
A pre-existing condition is any medical condition you had before the accident that caused your personal injury. This could be chronic back pain, depression, or any other condition that could have affected your health after the accident. Pre-existing conditions are not always the cause of an injury, but they can affect recovery, make pain worse, or cause long-term problems. For example, if you already had weakness in your knee, a fall from a car accident could make the condition much worse. Or, if you suffered from depression before the incident, the injury may worsen psycho-emotional problems.
How Do Pre-Existing Conditions Affect Personal Injury Claims?
Proving causation
One of the most important issues in these cases is establishing a causal connection between the accident and your worsening health. If you have pre-existing medical conditions, insurance companies and the at-fault party's attorneys may argue that your current problems are related to those conditions and not to the accident. This will make it difficult to prove that the accident caused your problems. To prove a connection between the injury and pre-existing conditions, a doctor must confirm that the incident significantly worsened your condition or caused new symptoms.
When a person is injured due to someone else's negligence, it is logical to contact a personal injury attorney. However, not all attorneys will agree to take a case. If you have been turned down, there may be reasons why. Let's look at the top five reasons why an attorney may have rejected your claim.
5 Big Reasons For Rejection.
1. Insufficient evidence.
One of the most common reasons for a dismissal is insufficient evidence. To win a case, a lawyer need convincing evidence of the other side's guilt. If that evidence is insufficient, the chances of a successful trial are diminished. How does evidence affect the outcome of a case? In personal injury cases, causation is important. You must show that your injury was a direct result of the defendant's actions. Without this, you can't prove negligence. If you have no witnesses, no video footage directly linking your injury to the incident, the lawyer may think there is little chance of winning. What can be done?
Gather as much evidence as possible: photos, videos, witness statements, medical reports.
Seek additional expert testimony.
If the evidence in insufficient, consult with another attorney. He or she may be able to suggest alternative ways to prove your case.
2. The case does not have sufficient legal merit.
Sometimes lawyers drop cases because the potential recovery is too small. Personal injury lawyers work on a contingency basis, meaning they only get paid if they win. They take a percentage of the award. If the expected recovery is too low, the lawyer may feel that it is not worth the effort to work on the case. What cases are most likely to be declined.
Domestic violence is a serious problem that requires serious measures to protect victims. However, the best intentions of the law can lead to unfair consequences. California has Penal Code Section 13701. This section requires police to arrest the alleged perpetrator if probable cause of violence is established. While this law was created to protect victims, in practice, it often results in the mistaken arrest of the victims themselves. As a result, well-intended protections can sometimes have unintended consequences. One such victim was Jess Huang, a former political operative. On Valentine's Day she called the police after being attacked by her ex-partner. He was much taller than her, threatened her, and then attacked her. But it was she who was arrested by the responding officers.
How Section 13701 Works And The Problem With It.
The law, which went into effect in 1986, requires police officers to arrest one of the parties involved. In cases where there is reason to believe that domestic violence has occurred. This is to protect the potential victim. In practice, however, this law creates an environment for rash decisions. Especially when officers lack the training to properly assess the solution. The main problems with code 13701:
Police officers have to make decisions quickly. They rely on superficial data because they don't have time.
Officers do not always correctly identify the dominant aggressor. They often assess only visible injuries.
Some manipulative abusers use the law to their advantage. A true abuser may inflict minor injuries on himself to make the victim look guilty.
Failure to respect your clients' privacy can lead to loss of personal information, damage to your reputation, and resource waste. It increasingly has the potential to put you in legal trouble, result in significant fines, and trigger legal action. Invading privacy can lead to numerous outcomes in an unfavorable way. Additionally, invading someone's privacy is an offense that may get you into a lot of trouble, especially when you take into account the activities that are being taken in place.
The California Invasion Privacy Act
The California Privacy Act is a wiretapping law. It prohibits the recording of confidential conversations without the consent of all participants. This includes telephone conversations. Victims of illegal wiretapping may be subject to legal damages. Breaking the law is a crime. Violators may face:
In a major decision, the U.S. Supreme Court upheld federal "ghost gun" regulations. They allow authorities to collect unregistered guns from homes. This is a rare victory for gun control advocates in a conservative-leaning court and changes the approach to gun regulation.
What are Ghost Guns And Why Is It Important
"Ghost guns" are kits that people can order online and assemble into complete guns at home. The main feature of these kits is the lack of serial numbers, which makes the guns invisible to law enforcement. This makes it possible for people who, for whatever reason, cannot legally purchase a gun to assemble one themselves. Under new federal regulations put in place by the Biden administration in 2022, manufacturers will have to put serial numbers on the kits and conduct background checks on buyers. The measures were put in place in response to the growing number of "ghost guns" found at crime scenes. While police officers sent in 1,600 such guns for testing in 2017, that number will grow to more than 19,000 by 2021.
The Supreme Court And Biden's Support
The U.S. Supreme Court ruled that these regulations were legal. A majority of 7 to 2 upheld the decision. The justices recognized that these kits are not just parts, but full-fledged weapons that must be regulated. pointed out that a kit only takes half an hour to use and is designed to build a weapon. Gorsuch also noted the technological changes that have occurred since the Gun Control Act was passed. Back in the day, making guns at home was not possible due to the high cost of equipment. With the advancement of technology such as 3D printing and the use of reinforced polymers, it has become much easier to make guns at home. This change dramatically changes the approach to legal regulation.
Public and Private Support for Immigrant Protection
Supervisor David Haubert confirmed that the funding will be fulfilled through both public and private resources, which, in turn, helps the county move forward in its efforts. Fortunato Bass echoed that sentiment and added that private fundraising will offset some of the outreach funds The desire to protect immigrants, their family and their rights is deeply rooted in Alameda County’s demographics. According to Fortunato Bass, one-third of Alameda County residents are immigrants, and half of the county's children grow-up in families with at least one immigrant parent.
Previous Immigration Funding for legal Defense
This isn’t the first time Alameda County has allocated funds for legal services related to helping immigrants. In February, the council approved $1,3 million for the immigration Unit of the Alameda County Public Defender’s Office, which provides deportation defense and legal services to undocumented individuals facing deportation proceedings. This unit plays a crucial role in representing immigrants who may not have access to an attorney. In addition, KAASS LAW continues to be an important resource for immigrants facing legal challenges in the region.
A Broader Trend of Local Immigration Support
Alameda County is among a growing number of local governments that are becoming more supportive of immigrant communities. Cities across California are creating rapid response networks to help provide resources to those facing deportations. The county’s recent financial commitment strengthens its position as an advocate for immigrant rights and ensures that thousands of residents have access to legal assistance, educational resources, and community support. As an experienced law firm dedicated to protecting the rights of immigrants, KAASS LAW recognizes the importance of legal representation in these uncertain times. Given the current situation, it is critical for immigrants to have access to qualified legal representations. Call (844) - 522 - 7752 to speak with our experienced immigration attorney.
For several years, Canadians assumed that close ties with the U.S. would protect them from strict enforcement of immigration laws. That assumption no longer holds. Hacking advises non-U.S. citizens to suspend international travel if it is possible and warns that re-entry into the country is becoming increasingly difficult, even for those with legal status. Similarly, Vancouver immigration lawyer Richard Kurland warns that at this point, border officials are focused on “disrupting” rather than "facilitating" entry into the U.S.
Key Takeaways For Canadians Traveling To The U.S.
To minimize risks when crossing the border, Canadians should consider the following:
Prepare yourself for increasing scrutiny.
If you have crossed into the U.S. before without problems, recognize that each time you cross the border will be different.
Follow official procedures.
If an immigration officer tells you that you must apply for a visa at an embassy or consulate, do not try to bypass this requirement. Doing so could result in denial or even detention.
Avoid multiple border crossings.
Rising Concerns Over Immigration Crackdowns
Beyond individual cases like Jasmine Mooney's, recent news reports indicate that U.S. border policies are becoming increasingly strict for all foreign travelers, regardless of immigration status. Immigration experts believe these actions are part of broader strategy to discourage legal immigration and create additional barriers to entry. As Richard Kurland points out, one border official may accept the same visa application while another may rejected for no apparent reason. This inconsistency creates legal uncertainty, especially for Canadian professionals face unexpected denials and lengthy delays. In addition, changes in immigration law extend beyond border control. Visa denials and deportations have skyrocketed, even among those who previously complied with U.S. immigration laws. These stricter rules are causing concern among Canadian workers and business travelers who may now face problems crossing the border.
How This Impacts Canadian Businesses
Employers should ensure their employees are aware of the new requirements, prepared, and have all necessary documentation, while consulting with legal counsel in advance to minimize potential problems. Mooney's case shows that attempting to enter the country from multiple locations can lead to complications as entry requirements vary.. Jasmine Mooney’s experience is a stark reminder that U.S. immigration policy is changing. Canadians with legal work visas can no longer expect to enter the country safely and unimpeded. With increased scrutiny and stricter border controls, it is important to prepare for entry. If you have concerns about your immigration status or need legal assistance, the KAASS LAW is here to help. Call (844) 522 - 7752 to speak with our experienced immigration attorney.
Do not open the door. ICE has no right to enter your home without a federal warrant.
Ask to see the warrant. If the paperwork is signed by their officers, that does not make it valid.
Do not give any information. You have the right to remain silent.
Demand an attorney. It doesn't matter if you have a lawyer or not, you have the right to say that you need a lawyer.
Document what happens. Take pictures of the situation with your cell phone.
KAASS LAW, a law firm with proven attorneys, recommends that you always have documentation of your residence in the U.S. for more than two years nearby.
ICE in Schools: Protecting Students and Parents
ICE does not just raid homes or workplaces. Recently, the pressure on students in schools has increased. Viridiana Carrizales, founder of ImmSchools, is dedicated to protecting the rights of students and their families. She argues that because of the Trump administration's policies, immigrant parents are considering not sending their children to school. But the law protects children regardless of their immigration status: - The Supreme Court's Plyler v. Doe decision (1982) guarantees that all children in the U.S. have a right to an education. - FERPA (Family Educational Rights and Privacy Act) protects students' educational records and prohibits schools from releasing information without a family's permission. ICE cannot access school records without a court order, Carrizales said. She advises parents to: - Have information. - Do not panic, but be extremely careful and cautious. - Keep sending your children to school.
Workplace Raids: What Do You Need to Know
ICE can come to work. But workers are also protected by the law. - ICE can enter public places, but not private places, without a warrant. - No one is required to give information about immigrants without an official request. - Workers can remain silent and not sign anything without a lawyer.
How to stay safe
Human rights organizations advise immigrants to:
Keep copies of all documents with them.
Write down the hotline number.
Know your rights.
Don't sign or say anything without a lawyer.
Don't open doors unless ICE has a federal warrant.
Additional Immigrant Protection Strategies
In addition to knowing their rights, it is important for immigrants to prepare in advance for possible ICE raids, and human rights organizations recommend several strategies:
1. Make a thorough plan in case of a raid
- Be prepared with important information, such as attorney addresses and hotline numbers.
- Memorize at least two important phone numbers of people who can help you.
- Prepare a special folder with copies of documents that prove your status.
2. Seek legal assistance Immigration lawyers can help at all stages.
- They can prepare a bond application.
- Check the legality of search warrants.
- Represent the immigrant in court.
3. Use modern technology Human rights activists offer mobile apps to help immigrants in detention
Immigration raids create an atmosphere of fear and hopelessness, but knowing your rights will protect you. Organizations and attorneys across the country are doing everything they can to help immigrants. If you need help with your immigration case, you can call KAASS LAW (844) 522-7752 to speak with our experienced immigration attorney.
Throughout the legal battle, Starbucks has denied culpability. Garcia's attorneys argue that the company has its own rules requiring employees to securely fix hot drinks before handing them to a customer. On that day, however, the employee disregarded the rules, leading to the tragedy. KAASS LAW and other legal experts point out the importance of cases like this. Before the trial began, Starbucks offered Garcia $3 million, but he turned it down.
The company then upped the offer to $30 million, but Garcia insisted on an apology and a change in safety rules to prevent similar incidents in the future. Starbucks refused, and the court ordered it to pay $50 million. With court costs and interest, the amount will rise to $60 million. For a long time, Starbucks refused to release surveillance footage showing the moment they handed over the drink. Only after a court order did the company turn over the video.
Starbucks' Position: Why Is The Company Appealing The Decision
Starbucks lawyers argue that the amount of damages is too high. "We sympathize with Mr. Garcia, but we do not agree with the decision of the court, because we do not consider ourselves guilty", - said the press secretary Jacqui Anderson. Garcia's lawyers are convinced: Starbucks is trying to avoid responsibility instead of admitting mistakes and improving safety standards.
What Does The Law Say? How Do These Types Of Cases Work
Lawsuits against large companies in the U.S. happen regularly, but not all reach large payouts. KAASS LAW explains that several factors are important to consider in cases like this: 1- Was the company proven negligent? - In this case, Starbucks had clear policies that were not followed, which is negligence. 2. Did the company have the opportunity to prevent the incident?
- Yes, if the drink had been secured according to the instructions, it would not have tipped over. 3 Are the consequences of the incident really serious? - Garcia has undergone complicated surgeries, lost some sensation, and is in a great deal of pain. These points helped his lawyers argue that Starbucks should be held liable.
Why This Case Matters
The lawsuit between Starbucks and Michael Garcia has brought tremendous attention to the issue of large corporations' responsibility for customer safety. Despite Starbucks' attempts to avoid large damages, the court found them guilty and awarded them $50 million. This case demonstrates the importance of knowing your rights and defending them in court. KAASS LAW and other attorneys note that such cases help create safer standards of service and protect the interests of consumers. Call (844)-522-7752 to speak with our experienced attorney.
Pre-existing medical conditions may affect your compensation. If the accident has made your condition worse, you will still be entitled to compensation, but insurance companies may try to reduce the amount of compensation. They may argue that your problems are due solely to a pre-existing condition and have nothing to do with the accident. To avoid such disputes, it is important to have clear evidence to show exactly how the accident affected your condition.
insurance company tactics
Insurance companies often use tactics to reduce payouts or deny a claim. One of these tactics is to collect medical records. These records may show that your problems are not related to the incident, but are caused by pre-existing conditions. They may claim that pain or other symptoms are the result of a condition that existed before the incident. To counter these tactics, you must gather evidence that your health has worsened because of the incident. Having independent medical experts who can confirm that the incident significantly worsened your condition can make all the difference.
Honesty and Transparency
It is important to be upfront with your attorney and insurance company about all medical conditions. This will help avoid situations where information is withheld, which can lead to problems in court. Insurance companies and the at-fault party's attorneys may accuse you of withholding information, which will hurt your position. Maintain transparency in the process and keep medical professionals informed of any changes in your condition after the accident. This will help build an accurate picture and protect your interests.
Preparing for Medical Examinations
Insurance companies may require independent medical examinations. This is to verify the accuracy of your medical records. These examinations will help determine how much the accident has affected your condition. Prepare for these examinations in advance with complete information about your condition.
Recommendations for Preexisting Medical Conditions
Consult with an experienced attorney
A personal injury attorney can help you understand how your pre-existing medical conditions may affect your case. KAASS LAW is a firm that helps clients with these types of cases, ensuring reliable legal support. 2- Open Communication with Medical Professionals Communication with your doctors is critical to ensure that they accurately document any changes in your medical condition. Both before and after the accident. The more detailed they are in documenting changes, the easier it will be to prove that your injuries were caused by the accident. Having a pre-existing medical condition does not disqualify you from receiving personal injury compensation. Honesty, transparency, and working with experienced professionals like the attorneys at KAASS LAW can help you effectively navigate these complexities and obtain fair compensation.
Minor injuries that do not require serious treatment.
Cases without significant financial loss.
Situations where the likelihood of recovery is minimal.
What can be done?
Estimate the amount of possible compensations, for example through a free consultation at KAASS LAW.
If the amount is really small, consider setting the matter on your own without going to court. In some cases, the insurance company may offer a satisfactory solution.
3. You were partially or totally at fault for the accident.
If your analysis of the case reveals that you bear a significant share of the responsibility, this may be a reason for the attorney to dismiss the case. How does comparative fault work? Some states have a comparative fault rule that reduces compensation. For example:
If you are 30% at fault, your award will be reduced by the same percentage.
If you are more than 50% at fault, you may receive no compensation at all.
What you can do.
Find out how state laws deal with cases involving the injured party's partial fault.
Try to gather additional evidence to prove that the other party was more at fault.
4. Statute of limitations.
Every personal injury case has a statute of limitations. If it has expired, there is no point in filing a lawsuit. What is the statute of limitations in the US? Statutes of limitations vary depending on the type of case and jurisdiction. For example:
In California, the statute if limitations for personal injury cases is two years from the date of injury.
In some states, the statute of limitations may be three or four years.
If the injury is discovered later, the statute of limitations runs from the date of discovery.
What can i do.
Check to see if the time limit for filing your claim has passed.
If the deadline is near, seek legal advice immediately.
5. Lawyer believes the case is unprofitable or too complex.
Some lawyers avoid complex cases that require a lot of time and resources. What type of cases are considered complex?
Medical malpractice.
Cases against large corporations.
It can be harder to prove psychological harm than physical harm.
What can you do?
Find a law firm that specialize in complex cases, such as KAASS LAW.
Consider meditation or pretrial settlement.
If your claim has been denied, it doesn't mean the case is hopeless. It is important to understand the reason for the denial and take appropriate action. Sometimes the solution is to find a more experienced attorney, and sometimes it is to gather additional evidence. What should you do if you are denied?
Evaluate the reason for the denial.
Try to improve the evidence.
Get a second opinion.
Contact a law firm with a good reputation.
If you have questions or need professional assistance, KAASS LAW is here to help. Call (844)-522-7752 to speak with our experienced attorney.
This is exactly what happened to Jess Huang. Despite the obvious power disparity between her and her ex-partner, the police only considered a small cut on his finger. The police ignored her injuries and evidence of threats.
How Do Mistaken Arrests Harm Victims?
False arrests can have devastating consequences. When the true victim is put on trial, their position becomes even more vulnerable, as they must now defend themselves against the charges. This shift in focus can make it harder for them to prove their innocence and further complicates the legal process. KAASS LAW can play a key role in advocating for victims falsely arrested under Section 13701. What the consequences are:
Criminal charges. Even if they dismiss the case, the arrest leaves a mark on the database. This affects careers and reputations.
financial loss. The victim must hire attorneys, post bail, and go through lengthy court proceedings.
Psychological trauma.
Limited opportunities. Criminal records, even unwarranted ones, can affect employment.
Worst of all, such arrests only increase the fear of seeking help. Violence victims might choose to avoid police contact rather than risk charges.
Why Do Police Officers Make Mistakes?
The primary reason is lack of training. Studies show that officers often focus on the most obvious sings such as visible wounds. But in domestic violence cases, context is much more important. Abusers often use coercive and controlling tactics. They take away keys, intimidate the victim, and restrict her movements. That's exactly what happened to Jess Huang. Her ex-partner took her keys and said: "Try to get to the airport now. "Officials have ignored this gimmick, which has long been recognized as a sign of abuse." How can the situation be remedied?
Additional training for officers. They need to be more aware of manipulative tactics and controlling behavior.
Clear protocols for evaluating the situation. For example, authorities should conduct mandatory witness interviews and thoroughly review all circumstances.
Professional involvement. In some cases, authorities may need to involve a crisis counselor or social worker.
The system of protection for victims of violence should work for victims, not create additional problem for them. Code 13701, though well-intentioned, requires review and revision to prevent unintended consequences for true victims. It is important to provide additional training to police officers and implement clear protocols t properly assess domestic violence situations. KAASS LAW can be a valuable resource for victims, providing legal support and assistance in dealing with the consequences or erroneous arrests.
647(j) PC is a section of the California Penal Code that describes the unlawful invasion of someone's privacy as a crime.
What Are The types of Criminal Invasion of Privacy in California?
According to California Law here are types of criminal invasion of Privacy:
Secretly photographing or recording a person's body under or through clothing for the purpose of sexual arousal or gratification;
When using a device such as a telescope or binoculars to invade a person's privacy.
Secretly recording or photographing someone in a separate room to see that person's body or underwear.
However, we should remember that a defendant is only guilty if he looks or records someone, and "the victim" was in a location where she had a reasonable expectation of privacy. These types on invasions regarding someone's privacy can lead to severe consequences that are very difficult to overcome.
The following Are Examples of Common Areas or Rooms Where a Person Has a Reasonable Expectation of Privacy:
Dressing room
Bathroom,
Bed, and/or tanning booths are all available.
By reviewing the circumstances of the case, a judge or jury will evaluate whether a legitimate expectation of privacy existed.
What Is The “Punishment” For The Criminal Invasion of Privacy in California?
In California, criminal invasion/breach of privacy is classified as “disorderly conduct”. For example, it is a misdemeanor punishable by the following penalties:
An up to $1,000 fine and/or
Up to six (6) months in county prison.
When Can The Punishment Under California Penal Code 647(j) increase?
Here are the examples:
It is the defendant's second or subsequent invasion of privacy offense, or
The victim was under the age of 18 at the time of the incident.
In either of these circumstances, the penalty for violation of privacy may include:
up to 1 year in county jail, and/or
A fine of up to $2,000 is possible.
Also, if the person had previously been convicted of the same offense, the fine might be increased to $10,000, as well as 1 year in prison.
How Can Privacy Be Prevented From Being Invaded?
Due to the use of technology, privacy can be invaded through social media platforms, emails, passwords to certain platforms that have private information saved, etc. However, in order to prevent that from happening, we can be take safety precautions to be aware of the consequences that might occur.
What to do if your privacy is invaded?
The consequences of criminal invasion of your privacy are very serious. The attorneys at KAASS Law are ready to help you determine your options. Therefore, If you or someone you know is subject to privacy invasion and have further issues and/or questions, feel free to contact us at 310.943.1171 for a free consultation. Our attorneys will evaluate the details of your matter and let you know what to expect and how you can proceed.
Despite the justices' support, the decision was criticized by some right-wing groups. Conservative Justice Clarence Thomas argued in his dissent that the federal government overstepped its authority. He argued that the 1968 law did not cover the "unfinished gun parts" that go into the kits. In his view, Congress did not grant authority to regulate such gun parts. The group Federal Coalition Gun Foundation, one of the organizations that challenged the decision, expressed disappointment. They said the decision was just one step in a long war over gun rights and limiting government power.
Implications For The Future Of Gun Regulations In The U.S.
This case has raised questions about how the US will regulate guns in the future. Especially as the Supreme Court has moved more to the right on gun issues in recent years. Last year, for example, the court struck down a ban on devices that turn semi-automatic rifles into weapons capable of firing hundreds of bullets per minute. The court did not consider the case through the lens of the Second Amendment, but the decision could influence future changes in the law. President Biden has already said that his administration will continue to support Americans' gun rights within reasonable controls.
Problem With Ghost Guns
The main argument of opponents of the kits is that they create a loophole in the law, allowing you to bypass standard gun purchase procedures. Such as:
criminal background checks and other security measures.Against the backdrop of rising crime, this Supreme Court decision is an important step in the fight against gun trafficking.
How Will This Affect Gun Manufacturing?
One of the key aspects of the new regulations is the requirement to put serial numbers on parts and conduct background checks on buyers. This could significantly change the market for "ghost guns" as companies will now have to comply with stricter regulations. This will increase the cost of these kits and potentially limit their availability. The companies that make these kits have already stated that they will fight the new regulations.
They argue that the kits are just parts, not weapons, and that they do not have to consider safety measures. However, with the Supreme Court upholding the decision, there is reason to believe that the new regulations will remain in place. The Supreme Court's decision in the Ghost Guns case is an important moment in the gun rights debate in the United States. Despite the controversy, the decision shows that technology is changing both the production of guns and the approach to gun regulation. The future of gun regulation in the US will now depend on how government agencies adapt to new challenges. Such as 3D printing and the online sale of gun assembly components.
KAASS LAW will be monitoring legislative developments and will be available to provide legal assistance.