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According to 18 U.S. Code Section 1028, it is prohibited to knowingly transfer, possess, or use someone else's means of identification without lawful authority, with the intent to commit, aid, abet, or engage in any unlawful activity that violates federal law. Under 18 US Code Section 1028A aggravated identity theft is defined as the knowing and unauthorized possession, transfer, or use of a means of identification in the commission of certain felonies.
Basically, 18 USC Section 1028A acts as an enhancement for federal defendants convicted of certain federal crimes listed in subsection "c" of Section 1028A. Aggravated identity theft provides for an extra mandatory consecutive sentence to any sentence imposed upon the underlying crime for a defendant who knowingly possessed, transferred, or used another person’s identification
The prosecutor must prove beyond a reasonable doubt the following elements to convict the defendant of federal aggravated identity theft:
Means of identification is any name or number used, alone or together with any other information, to identify a person, including a name, date of birth, social security number, driver’s license or identification number, passport number, alien registration number, the taxpayer or employer identification number, routing code or electronic identification number.
The defendant may face criminal charges when the identity theft has not even occurred as the attempted identity theft carries the same penalties as the theft. Authorities treat conspiracy to commit identity theft in a similar way. Helping someone commit identity theft can also be considered a crime. Authorities can classify the unlawful actions as a crime, even if the defendant did not gain any financial benefit from using someone else's information.
The penalties for a 18 U.S Code 1028a Aggravated Identity Theft Conviction including the following: In addition to any punishment, the judge imposes for the underlying federal crime the defendant faces a minimum mandatory sentence of two years imprisonment for aggravated identity theft.
In case the underlying felony is related to terrorist activity the minimum mandatory sentence for aggravated identity theft increases from two years to five years imprisonment.
It is important to understand that a conviction for Aggravated Identity Theft is not subject to:
This means that the two years will be served after the base sentence, regardless of the circumstances. In addition, prior convictions for similar crimes may affect the sentence enhancement. The court may also consider:
Lawyers can build a defense based on lack of intent: if the defendant didn't know he or she was using someone else's identity. Or believed he or she had permission. The fact that there was a means of identification can also be challenged. In cases where the prosecution has not proven that the data used actually identifies a specific person.
Cases under 18 U.S. Code § 1028A are often investigated by the FBI, U.S. Secret Service, and immigration authorities, especially if the case involves international schemes, visas, or citizenship documents. If you are facing such charges, it is critical that you contact an experienced federal criminal defense attorney as soon as possible.
If you or a loved one is charged with federal aggravated identity theft, we invite you to contact our Glendale criminal defense attorney at KAASS LAW at (310) 943-1171 for a free consultation and case review. Our staff speaks Spanish, Armenian, Russian, and French.
Exercise Equipment Product Liability is based on equipment that are very prone to causing injuries that result from their defects. Whether the accident happened at a gym, or at your own home, those involving exercise equipment can result in some of the most devastating injuries that arise from their defects, due to the nature of these products. These products cause tens of thousands of injuries every year, and some specific types of exercise equipment, such as treadmills, are among the most recalled products in America. https://www.youtube.com/watch?v=Jk41OYNcWV4&feature=youtu.be
Creators of defective exercise equipment are liable for the damages when it is clear that the injuries or other damages arose directly due to the product defect. These damages can be to property that you own, or bodily damages in the form of injuries.
California Vehicle Code (CVC) 21955 states that “between adjacent intersections controlled by traffic control signal devices or by police officers, pedestrians shall not cross the roadway at any place except in a crosswalk.”
Jaywalking refers to when a pedestrian crosses a road with marked crosswalks or a marked intersection but does so from a point other than the designated crosswalk. Jaywalking laws protect both pedestrians and automobile drivers from avoidable car accidents. Law enforcement officers are unlikely to arrest you for jaywalking, but they will likely issue a ticket if they see you. In California, jaywalking is an infraction, and a first offense will cost you a minimum fine of $196. The DMV will not assess points onto your driving record.
As a pedestrian, it is your duty and your responsibility to keep yourself safe. In addition to abiding by jaywalking rules, here are some safety tips you can follow to ensure your safety when walking:
A judge issues a bench warrant, also called a "body attachment," as the most common arrest warrant in California. A judge issues a bench warrant, ordering the immediate arrest of a person. Judges issue bench warrants under California Penal Code sections 166 and 978.5. A bench warrant arises from a failure to follow the terms of a pre-existing offense. Not from the suspicion of criminal activity.
California judges can issue a bench warrant for failure to appear in court. If a person fails to appear for any scheduled court date, the judge can issue a California bench warrant. Failure to appear warrants constitute the most commonly issued bench warrants. Some examples include but are not limited to:
The right to privacy has two key aspects:
Invasion of privacy is tort-based, allowing a victim to bring a lawsuit against a person who illegally intrudes into their private life, publicizes them in a false light, discloses their private information, or appropriates their name for personal gain. In California, Public Disclosure of Private Facts is considered a form of invasion of privacy.
According to CACI 1801 to prove the claim of violation of a right of privacy the plaintiff must be able to establish the following elements:
California Penal Code Section 286(a) defines sodomy as sexual conduct involving contact between one person’s penis and another person’s anus. Any sexual penetration, no matter how slight, qualifies as sodomy.
To find the defendant guilty under Penal Code Section 286(a) for sodomy, the prosecution must prove the following elements:
A person who has been convicted of a felony in California has a chance to apply for Governor’s pardon. A Governor’s pardon is an honor that can be granted to an individual who can show excellent behavior and a law-abiding life following his conviction.
Generally, any person with a California state conviction is eligible to apply to the Governor for a pardon, a form of executive clemency--whenever an executive shows mercy in any form including pardon, reduction, stay. The Governor cannot pardon convictions from other states or federal and military convictions. People convicted in other states shall obtain a pardon in that state and people convicted in federal and military crimes can only be pardoned by the US president.
If a person is granted a pardon the following rights will be restored:
According to 18 USC 2422 and 2423, it is unlawful to engage in sexual activity and conduct with minors.
The prosecution must establish the following elements for convicting the defendant under 18 USC Sections 2422 and 2423
Under federal law illegal or illicit sexual conduct includes the following:
Anyone can easily imagine that the law prohibits the circulation of alcoholic beverages on the grounds of a school or any public educational institution. However, several questions can arise in connection with such circulation. Particularly whether it is legal if you take beer to a school football match, to the stadium of the school, but hide it in a thermos for coffee. It is unclear whether it's lawful to bring beer to a college basketball match at a city stadium instead of the college's stadium. Additionally, questions arise about the legality of serving alcohol during a charity dinner at a college. To find answers to such questions, let's examine California Business Professional Code, section 25608.
Business and Professional Code section 25608 makes it a misdemeanor to possess, consume, or deliver alcohol at public schools. Therefore, bringing beer to a school football match, even in a thermos, is illegal. Several exceptions to the general rule allow the actions mentioned above on public school grounds or in a schoolhouse.
The list of exceptions defined in the corresponding section of the California Business & Professional Code is quite many. However, we can try to divide them into some groups.
In today's mobile world, people might live and work in many countries during their careers. The citizen first acquires property in one state as a single person. Later, they marry and acquire property in other states, building a community of assets.
California Probate Code Section 100 states that half of the community property belongs to the surviving spouse. The other half belongs to the decedent.[1] Division 2 of the Section allows spouses to agree in writing on dividing community property. They can divide based on the aggregate value or individual assets. The subdivision does not authorize or recognize a non-pro-rata division of property without a written agreement.
If spouses die leaving or quasi-community property and no clear and compelling proof shows which spouse survived the other, California law may divide the property equally: [2]
Here are some examples of situations where a manufacture would likely have to compensate the victim for damages:
There are plenty of possible defenses to a product liability lawsuit, but generally, all of these defenses espouse the same 3 things. They are:
Let’s apply these to our earlier examples:
See also: Injuries Caused by Defective Products Product Liability Oven Defects Motorcycle Part Defects Motorcycle Accidents Personal Injury Facebook
Drivers and pedestrians must share the road. They also share the responsibility for keeping themselves and each other safe by staying alert and abiding by traffic rules. If you injure yourself while jaywalking or injure someone who is jaywalking, you must determine who was at fault or more at fault for the accident.
If you injure yourself while jaywalking, you will likely share some fault for the accident. This doesn’t mean you won’t receive compensation, but we recommend seeking help from a Los Angeles pedestrian injury lawyer to avoid full responsibility. If you or a loved one were injured while crossing the street, contact KAASS LAW (310) 943-1171 for a free consultation.
Additionally, the judge may issue a bench warrant if a person indicted by a California grand jury is not present at the indicated time.
If a person willfully fails to appear in court after receiving a written promise to appear, the prosecution will charge them with "failure to appear" as a misdemeanor. This is punishable by up to one year in county jail and/or a maximum fine of up to $1,000.
If a person released on his own recognizance for a misdemeanor case willfully fails to appear in court within 14 days of a scheduled date, he will face additional charges of misdemeanor "failure to appear" for evading the process of the court. In this case, a person may face a fine of up to $1,000 and a sentence of up to six-month in county jail.
If a person released on their own recognizance for a felony case willfully fails to appear in court within 14 days of the scheduled date, the court will charge them with felony "failure to appear." A person may face a minimum fine of $5,000 and a sentence in a county jail or state prison. In case fail to appear in court involves a felony case where a person posted bail, the maximum fine increases from $5,000 to $10,000.
If a person willfully fails to pay court fines or ordered restitution the court may also issue a bench warrant. According to California Penal Code section 1203.04 a willful failure to pay a fine or restitution if a person has financial ability to do so is a misdemeanor and is punishable by up to one year in county jail
The court can also issue a bench warrant if a person fails to obey its orders. If a person fails to complete a report for drug-testing, community service, or court-ordered classes, the court will charge them with a probation violation.
California Penal Code section 1214.1 states that if a person fails to pay a fine on time, violates a written promise to appear in court, or disobeys a court order, the court may charge a penalty assessment of up to $300,000 and refer the case for collection. According to California Vehicle Code section 40508(d) if a person willfully fails to pay on time any fine or portion thereof due to a conviction for an infraction the court can also suspend his driver's license for 30 days.
In case you have a bench warrant out for your arrest, it is important to contact an experienced criminal attorney. Call (310) 943-1171 today for a free consultation. If you or a loved one has been issued a bench warrant, we invite you to contact our Glendale criminal defense attorney at KAASS LAW at (310) 943-1171 for a free consultation and case review. Our staff speaks Spanish, Armenian, Russian, and French.
To recover on a claim for invasion of privacy based on public disclosure of private facts, the plaintiff needs to show that the disclosed information was private and not of legitimate concern to the public, and that disclosure would be highly offensive to any reasonable person. Furthermore, the plaintiff must show that the disclosure of facts was actually public in nature. In addition, the defendant can’t be liable when he merely gives further publicity to information about a plaintiff that is already public.
A reasonable member of the community may consider a private fact newsworthy if they could entertain a legitimate interest in it. Generally, courts recognize that the public has a legitimate interest in almost all current events, even if it contains private information about participants. Additionally, the public has a legitimate interest in the private lives of notorious or prominent figures, such as professional athletes, actors, actresses, public officers, and noted inventors.. In deciding whether the information was a matter of legitimate public concern the following factors must be concerned:
It is important to understand that not every disclosure of information is automatically an invasion of privacy. For example, if the information disclosed is already in the public domain, it is not a violation of the law to disclose it. In California, there is a principle that facts that have been previously published or are public knowledge cannot be the basis of a lawsuit. In addition, it has been held that when a person voluntarily discloses certain information to the public, he or she loses the protection of privacy with respect to that information.
With the development of technology, the number of cases involving the publication of private information on the Internet has increased significantly. The digital environment sometimes makes it difficult to determine whether information has actually been made public. However, courts are increasingly recognizing online postings as sufficient grounds for a case. For example, posting personal medical or financial information without the victim's consent. Courts treat this type of conduct as a serious invasion of privacy, and individuals who engage in it may face civil liability, including potential lawsuits and financial penalties.
The compensatory damages a victim can recover depend on the specific facts of a case. Here are some common examples of damages:
Do you need additional information regarding a specific situation that you or a loved one face? KAASS LAW attorneys you should be able to provide you with legal assistance regarding the matter.
If you suspect that your privacy rights have been violated, KAASS LAW is here to help. We will provide:
The penalties for a sodomy conviction under Penal Code Sections 286(b)(1), 286(e), and 286(h) are wobblers. The court may charge the defendant with either a misdemeanor or a felony, depending on the case circumstances and the defendant’s criminal history.
The penalties for a misdemeanor sodomy conviction include:
The penalties for a felony sodomy conviction include:
Penalties for a felony California Penal Code Section 286(b)(2) conviction include:
Penalties for a felony California Penal Code Section 286(d) conviction include:
All remaining convictions under California PC Section 286 carry the following penalties:
Facing charges under California Penal Code 286? Contact KAASS LAW at (310) 943-1171 for a free consultation and case review. Our staff speaks Spanish, Armenian, Russian, and French.
A Governor’s pardon does not restore the following rights and limitations:
Direct pardon application is available to individuals who are ineligible for a COR. A person must use the direct pardon process in case he was convicted of a crime in California and now reside outside the state.
A person must first complete the Application for Executive Clemency. After that, he must send the Notice of Intent to Apply for Executive Clemency to the District Attorney in each county where he was convicted. Once notice is given, a person must submit the Application for Executive Clemency to the Office of Governor.
Once the Governor’s Office receives a direct pardon application or a Certificate of Rehabilitation, the Office usually forwards it to the Board of Parole Hearings. The Board can conduct an investigation, contact the investigating law enforcement agency or the District Attorney and make a proposal on whether a pardon should be granted or not. In case the person has been convicted of more than one felony, the California Supreme Court must give its recommendation on granting a pardon to him before the Governor can do so. Also see Criminal Law Also see Court Forms
Under federal law, a minor is any person under the age of 18. There are some exceptions to the definition of a minor, where the minor is a person under the age of 16.
Any person can be an offender. The law does not limit the offender to one person. Anyone who intentionally and knowingly assists in coercion, transportation, or sexual activity can face prosecution.
Depending on the case circumstances federal solicitation of a minor can be charged as either a misdemeanor or a felony. In case the defendant is convicted of using internet, mail, or any other form of interstate or international communication to solicit or attempt to solicit of a minor with the intention to engage in illegal sexual activity, or he successfully transported the child for the illegal sexual activity, he can face:
According to 18 Section 2423, the defendant is charged with traveling to another state, coming to the US, or traveling internationally and engaging in unlawful sexual activity with a person under 18, he will face:
Additionally, punishment for any federal sex crime is usually accompanied by an obligation to join the national sex registry. The registry compiles the information of sex offenders across all states and can have a severe impact on offender’s ability to find employment and keep a residence. The offender must register as a sex offender for 15 years, 25 years, or for life. Failing to register can result in a separate criminal charge, carrying up to 10 years in federal prison and significant fines.
After serving their sentence, most individuals are subject to federal supervision for a period ranging from 5 years to life. Violation of these conditions will result in a second prosecution. Supervision may include:
The court may order a mandatory forensic psychological evaluation. If it is determined that the defendant is prone to reoffending, compulsory treatment is possible. Authorities carry out the process both in places of detention and after release. These measures aim to minimize the risk
The law requires any person convicted of a qualifying sex offense to register in the national sex offender registry and to keep their information updated as mandated by legal authorities. Failure to register is punishable as a separate offense. The term of registration is 15, 25 years or life. However, failure to register is punishable by up to 10 years in prison.
KAASS LAW provides legal assistance at all stages. Contact us for an evaluation of your situation.
Alcohol serves educational purposes in viticulture studies, enology studies, and similar programs.
The law allows alcohol delivery during an event or ceremony on school grounds when no students are attending classes. Therefore, serving alcohol at a charity lunch for outside guests or consuming alcohol during a non-school football match at the school stadium is permitted by law.
Another exception is possessing alcohol at events held outside the educational institution's grounds. For example, if you attend a college basketball game at a city stadium, you can bring a bottle of beer without needing to hide it in a coffee thermos. Another exception involves school property leased to an organization not using it for educational purposes. In this case, the law permits individuals to possess and consume alcohol, and to engage in activities outlined in Section 25608, but only within that specific portion of the property.
In case one “possesses, consumes, sells, gives, delivers” alcohol in a public educational institution or on its grounds shall be punished by up to 6 months in a jail or a fine up to 1000$.
Thus, we already understand that there are some exceptions from the law when alcoholic beverages are legal in the territory of the schoolhouse. If your situation falls under these exceptions, you won't face punishment for committing a misdemeanor. Another defense is proving the search was unlawful, such as without a court order.
In California, Business and Professions Code Section 25608 prohibits the possession and consumption of alcohol on public school property. However, there are exceptions that are very important to consider when questions of legality arise. For example, alcohol may be used as part of an educational program. Such as:
This allows students to learn about wine culture and alcohol production for educational purposes. These programs are specifically designed to educate students and alcohol is used as part of the educational practices. In addition, the law allows the circulation of alcohol on school premises. Only if the event is unrelated to academic activities. For example, charity luncheons and sporting events that are not held during school hours. This may include serving alcohol if there are no students at the event. This exception helps avoid conflicts between curricular and extracurricular events held in school buildings.
Violation of this law may result in a misdemeanor charge. A person found guilty may be fined up to $1,000 or sentenced to up to six months in jail. Given the severity of the law, it is important to follow all established rules and safeguards to avoid unpleasant consequences.
If you are facing charges under Business and Professions Code Section 25608, there are several defenses available. For example, if your conduct was related to an authorized activity, this may be grounds for an acquittal. The legality of the search may also be challenged if it was conducted without probable cause or a court order. Another defense may be to prove that the alcohol was not intended for consumption in a public place, but was intended for private use at an event that did not violate school law.
In any case, you will need a professional lawyer to guide you in the process of creating a defense strategy and the KAASS LAW professional team is always ready to assist. If you or a loved one faces charges under Business and Professions Code 25608, contact (310) 943-1171 for a free consultation.
The transfer of community and quasi-community assets to a revocable trust assumes those assets maintain their overall character for any division established by the trust, according to Sections 100 and 101. This section applies to all transactions made before, on, or after January 1, 2000. [1] California Probate Code Section 100 [2] California Probate Code Section 103 KAASS LAW helps navigate California's Probate Code, guide community property division, draft agreements, manage revocable trusts, and ensure legal compliance.
In California, attorneys often place special emphasis on addressing the unique legal and financial considerations that arise in mixed marriages. That is, where one of the spouses is a foreign national or resides outside the state. In such cases, a conflict of jurisdiction may arise in the division of property upon the death of one spouse. California law treats property acquired in other states as community property. If the spouses subsequently resided in California. This provision is important in the case of inheritance, especially if the heirs have a dispute over ownership.
Another critical issue is the debt obligations of the deceased. Under California law, debts incurred during the marriage can be collected from the surviving spouse's share of the community property. However, creditors must go through the process of notice and filing claims with the probate court. To protect their assets, spouses are encouraged to enter into a prenuptial agreement or property settlement agreement in advance.
It is not uncommon for relatives of a deceased person to dispute the surviving spouse's right to a piece of property. Especially when there is no will. In such cases, California courts consider both the language of the will and the intent of the spouses to divide or not divide the property. The law allows for the consideration of:
If they can be corroborated by witnesses.
The death of a spouse may have tax implications. For example, the capital gains tax on the sale of an inherited property may be reduced. This is due to the increased value. This becomes especially important when clients need to make decisions about real estate or investments they acquired jointly, as clear guidance can help avoid future disputes and ensure a fair distribution. It should be noted, however, that the tax rules vary depending on the type and nature of the property.
Properly drafting a joint property and will can greatly simplify the process of dividing assets upon the death of a spouse. KAASS LAW can:
In addition, our team advises clients on the most effective strategies for distributing their assets while minimizing tax burdens.