Law enforcement and criminal justice agencies use CLETS, a computer network, to access a person’s criminal history, record, and driving information. Additionally, it helps track and verify vital details during investigations. Moreover, the FBI, DMV, and other government agencies maintain and update this database. California Law Enforcement Telecommunications System information is highly sensitive; therefore, only authorized personnel have access to it. Additionally, the database connects law enforcement agencies to:
These networks allow for all law enforcement agencies to have a way to communicate. Most police vehicles are equipped with a mobile data terminal that connects them to the CLETS network from the car.
If you have heard of a CLETS Order, you might be referring to different types of restraining orders. They have this name because the CLETS database enters them. A California Law Enforcement Telecommunications System Order can include anything from:
Given the amount of data stored in CLETS, it is necessary to set limitations on when you can access certain information. Instances of misusing CLETS can include:
Abuse of CLETS violates Penal Codes 11141-11143 and 13302-13304, making it a crime to misuse state and local summary criminal history. Felony penalties may apply under Government Code 6200. The DOJ will investigate misuse, and the California Attorney General will review the case.
Violations involving access to the CLETS system are taken very seriously at both the state and federal level. Any attempt to illegally access or use the data may result in criminal penalties. If a law enforcement officer uses the system to obtain information about someone without a legitimate reason, it could be considered a dereliction of duty. Even one-time personal use of CLETS may result in:
However, if you are accused of illegally accessing the CLETS system or the CORI database, there are a number of defenses available. One common line of defense is to claim that the access was made in error. Or that it was part of a legitimate investigation. An attorney may be able to prove a lack of malice if the employee obtained the information as part of a job assignment. It is also possible to challenge the legality of the investigation itself. Especially if there were procedural violations. Such as:
In such cases, the lawyer will help develop a defense strategy based on the facts and the admissibility of the evidence. In addition, CLETS and CORI training is recommended for all law enforcement officers to prevent such allegations. This helps ensure compliance with the law. It also protects employees from potential legal consequences. If you are confronted with allegations of illegal use of CLETS or CORI, it is important to seek legal advice quickly.
Misuse of CLETS or CORI can have serious professional and personal consequences. For example, a conviction may remain on your record. This can negatively affect future employment opportunities. Especially in law enforcement or other government agencies. It may also result in:
This is especially true for employees with security clearances. The employer may consider even the suspicion of a violation as grounds for termination. Therefore, at the first sign of an investigation, it is necessary to contact an attorney immediately.
A qualified attorney will not only help you build the right defense strategy, but will also help ensure that all of your rights are respected. KAASS LAW has extensive experience and is ready to fight for your reputation and your freedom. Do not underestimate the seriousness of these charges. Timely legal assistance can dramatically change the course of a case.
CORI information can also be found through CLETS. CORI is defined in Penal Code 11075 as a database of compiled records and data that allow law enforcement officers to identify criminal offenders. Contains CORI information like:
The same penalties apply to the misuse of CORI; individuals cannot use it for personal reasons. The DOJ and California Attorney General will also investigate misuse. Moreover, they will pursue appropriate legal action if needed. KAASS LAW can assist you if you face charges related to the misuse of CLETS or CORI.
A bump stock is a modification to a firearm that manipulates the stock, trigger and grip on a semi-automatic rifle, using recoil to manipulate the trigger to fire at an accelerated rate of speed when held.
Bump stocks legally define as a “multiburst trigger activator” and can be one of two things:
This device replaces the stock on the firearm with a “reciprocating stock” that stays planted against your shoulder and firmly holding the barrel, the recoil of the firearm moves the trigger back and forth against the weight of your finger, mimicking the automatic rate of fire. Bump stocks were the famous modification used during the Las Vegas strip shooting in 2017. Penal Code 32900 forbids the use of “multiburst trigger activators” in California. California can prosecute possession of any accessory that increases the rate of fire for semi-automatic rifles as a misdemeanor or felony. What happens if you get caught with a bump stock in California? Despite the fact that bump stocks are banned by California state law, there are still detections of such devices in the possession of citizens. It is important to understand how the law works in these situations. Also important to know the consequences of possessing a bump stock. It is not uncommon for law enforcement to find such devices during a search. Or during an inspection related to other violations. However, even if a bump stock is found accidentally, the charges can be extremely serious.
A polygraph test, also known as a lie detector test, lets the defendant undergo questioning and examination to determine if they are honest. This device watches for biological changes that indicate when a person lies and when they tell the truth. California law allows for the admission of a polygraph test in court when all parties consent to using it as evidence.
A polygraph is a device designed to detect signs of lying in a person. During the test, the polygraph records changes in biological indicators. Such as:
These changes can indicate the stress a person is under while lying. It should be noted, however, that the polygraph is not always accurate. Although often associated with reliability, polygraph results are not always admissible as evidence in a court of law. Polygraphs record changes in physiological indicators that can be caused not only by lying, but also by factors such as:
Toxic mold is a harmful fungus growing in homes, causing significant damage to property and health issues for residents. Mold tends to grow in places that have a buildup of moisture, where the fungi can live more easily. Properties that have poor air circulation, have a lack of ability to dry themselves, or those that are located in humid areas are most vulnerable to mold. Toxic mold can be visible to the human eye, but it also can accumulate inside walls or in hard-to-see areas. Some signs that your home contains mold include:
Letting mold accumulate, whether visible or invisible, will cause physical damage to your home. It can discolor surfaces, leave unpleasant odors, and most importantly, the existence of mold can allow for other types of fungi to live alongside it. This means your home will be vulnerable to structural damage and rotting of wood specifically.
In addition to being a risk to your property, toxic mold is also a serious health hazard to humans and animals. Less severe mold accumulation can cause flu or common cold-like symptoms, while severe cases can cause more dangerous health effects. Some of these include:
It is common practice for a landlord to charge a “security deposit” before renting out a property to a tenant. A tenant pays this before moving in, and the landlord may use it for repairs or unpaid rent. The property owner must return the remaining balance to the tenant once the tenant stops living at the property. Terms like “cleaning fee,” “animal deposit,” and “key deposit” all qualify as types of security deposits.
California limits security deposits based on whether the property is furnished or not. Landlords can charge up to 2 months rent for an unfurnished property, and for 3 months rent for furnished ones.
First, it is required that all California security deposits be refundable. Under no circumstance can a landlord require you to pay a nonrefundable security deposit upfront in addition to rent. Next, once it is time to refund the security deposit, the landlord must do so within 21 days of the tenant moving out. When the remaining amount is returned, the landlord must include an itemized list that describes all of the deductions to the security deposit.
California Vehicle Code section 22517 states: “No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic.”
When a parked car on the side of the road opens its door haphazardly, there are 2 types of accidents that typically occur as a result. It will either be the case that:
CVC section 22517 clearly states that the person who opens the door without taking proper caution is liable for the damages caused by it. However, it is common practice for insurance companies to give partial liability to both parties, especially car door opening accidents. For example, an insurance company would likely declare partial liability if the person who opened their door could prove that they did so while the other driver was a significant distance away. Just because the law supports the position of the party that crashed due to an open door, it does not mean that drivers shouldn’t take caution when driving alongside parked cars. While the law assesses fault to someone who opens their door haphazardly, the person who does so will almost certainly argue that they did so safely, leaving enough time for other drivers to take precautions.
Under California Health and Safety Code 120290, it is violation of the law to purposefully transmit an infectious disease to another person. We can define this in the following scenarios:
Offenses can include knowingly passing a sexually transmitted disease to a partner or even sharing needles infected with HIV.
In California, firework laws divide fireworks into two categories and an exempt category. The categories are “dangerous fireworks” and “safe and sane” fireworks. Specifically, a 'dangerous' firework includes items like rockets and sparklers longer than ten inches or wider than one-quarter inch in diameter. Conversely, a 'safe and sane' firework includes ones like fountains, spinners, noise makers, etc...
Under Health and Safety Code 12505, dangerous fireworks must be used by someone with a license to do so. Dangerous fireworks contain: arsenic sulfide, chlorates, magnesium, phosphorus, zirconium and many other chemicals. Similarly, exempt fireworks also require a special license to use in California. To clarify, exempt fireworks are those used for industrial, commercial, agricultural, or religious purposes. Under Health and Safety Code 12529 these are fireworks that comply with California law and local fire department restrictions. These types of fireworks must be sold at a designated place of business by a person with a retail sales license between the dates of June 28th Noon until Noon of July 6th each year. In contrast, the only items that can be sold year round are 'party poppers' and 'snap caps.
California Penal Code section 647(e) about "Squatter" laws criminalizes anyone who lodges in any building, structure, vehicle, or place without permission. This applies whether the owner or person entitled to the possession or in control of it.
“Squatting” refers to the act of illegally taking shelter on private or public property without any permission. Also known as "illegal lodging." The crime itself requires satisfying these 2 elements:
The law defines illegal lodging in a few ways, all suggesting an extended stay. They include:
A squatter must also occupy the property without the owner's consent to violate the law. The owner can directly express consent or imply it through their actions and lack of objections. Some examples include:
California Penal Code section 1320 states, “Every person who is charged with or convicted of the commission of a misdemeanor who is released from custody on his or her own recognizance and who in order to evade the process of the court willfully fails to appear as required, is guilty of a misdemeanor...Every person who is charged with or convicted of the commission of a felony who is released from custody on his or her own recognizance and who in order to evade the process of the court willfully fails to appear as required is guilty of a felony”
Failing to appear in court constitutes a crime if you fulfill the following four elements. The elements are:
There are many ways to fight against a Bump Stock charge. One defense is proving the defendant was in lawful possession of the bump stock. A defense could argue the defendant possessed the bump stock while taking it to law enforcement for disposal. Ignorance of possession or not being the owner of the bump stock also leaves room for charges to be dropped. One of the best defenses is through police misconduct. If law enforcement obtained the bump stock through illegal search, coerced confession, or planted evidence, the court may dismiss charges.
Bump Stocks do not convert semi-automatic rifles into automatic ones, although they allow a semi-automatic rifle to fire like an automatic one. Under federal law, Attorney General Mathew Whitaker signed a bill defining weapons with bump stocks as machine guns. You may however legally own a bump stock in California if:
If a person is charged with possession of a bump stock, the punishment will depend on the circumstances of the case. In some cases, the charge may qualify as a misdemeanor. This can result in a fine and up to one year in county jail. However, if there are aggravating circumstances such as:
the charge may escalate to a felony. In this case, the possible punishment ranges from 18 months to 3 years in prison. In addition, under federal law, possession of a bump stock can result in a penalty of up to 10 years in prison and a fine of up to $250,000. The penalties for selling or distributing such devices are particularly severe. However, there are several defenses. For example, if a person self-reported the device to the police or was unaware of its existence. The defense may be able to obtain a reduced sentence or dismissal of the charges altogether. A defense based on unlawful police action is also common. Such as:
You can contact KAASS LAW for advice and defense in bump stock cases.
For more information about bump stock laws and to schedule your free consultation, contact Los Angeles Criminal Defense Attorney at KAASS LAW at (310) 943-1171. We are located at 815 E. Colorado Street Unit 220, Glendale, CA 91205 with additional offices in Los Angeles located at 633 West 5th St., 26th Floor, Los Angeles, CA 90071.
Also, when a person is nervous about a test, his heart rate may increase, which is interpreted as a sign that he is lying. Even if he is telling the truth. In order for polygraph results to be used in court, the consent of both parties is required. In some cases, the defense may offer a polygraph test to prove their client's innocence. However, such tests are rarely conclusive. You should also note that polygraphs cannot serve as the sole evidence. The test results must be corroborated by other facts and evidence.
Despite their questionable reliability, polygraphs can be useful at the pretrial stage. If a defendant takes a polygraph test and the results show that he or she did not lie, this data can be used in his or her favor. It is important to remember that such tests can be expensive - the cost can range from $200 to $2,000. It all depends on the complexity of the test and who is administering it. In some cases, a polygraph can be an important tool for the defense. For example, if a defendant wants to convince a prosecutor of his innocence or persuade him to accept a plea bargain. The results of a polygraph examination can help you make the right decision. However, it is important to consult with an experienced criminal defense attorney to understand when and how it is appropriate to use this tool.
Yes. In certain cases, a defendant can go out on their own to take a private polygraph test. These test results, if they come back truthful, can be then handed over to the prosecutor in an attempt to have the case dismissed. Taking a private polygraph test is recommended when:
A private polygraph test can cost between $200 and $2000
There are a number of laws governing the use of polygraphs in the workplace that limit what employers can do. In California, California Labor Code 432.2 prohibits private employers from requiring a polygraph examination. This restriction applies to both pre-employment testing and continuing employment. The Employee Polygraph Protection Act (EPPA) governs federal law. This law prohibits employers from using polygraphs to screen employees. But there are exceptions. Such as:
Even in these cases, the employer must obtain the employee's consent and explain his or her rights before administering the test. If your employer improperly forces you to take a polygraph test at work, contact an attorney to protect your rights. Such actions may be illegal, and your employer may be held liable for violating employment laws.
Before agreeing to take a polygraph test, it is important to consult with a qualified criminal defense attorney. This is especially true if you are facing criminal charges or a potential trial. By consulting with an experienced attorney, you will be able to understand all the risks and consequences of taking the test. It is also better to prepare for possible legal action. A polygraph examination may be useful in certain circumstances. But its results should be part of a broader defense strategy. Remember that even if the polygraph shows that you are not lying, others can challenge the results. They may also not be admissible as sole evidence. Contact the attorneys at KAASS LAW for more information about polygraphs and your legal rights.
If toxic mold has been discovered in your home, it is important to act quickly. To minimize health risks and protect your rights. California law requires landlords to provide a safe and healthy environment for tenants. If mold is present and the landlord has not taken steps to remediate it, you have a legal right to compensation. First. You must notify the landlord of the presence of mold in your apartment. This should be done in writing, describing the problem and demanding that the damage be repaired. Second. If the landlord does not respond to your request within a reasonable time or ignores it altogether. You can begin the process of filing a lawsuit for breach of lease. In this case, you will need to prove that the presence of toxic mold makes your apartment uninhabitable. And point out that the landlord has failed to fulfill his or her obligation to maintain the living conditions of the apartment.
Also, if you were forced to leave because of toxic mold, this may be considered a "constructive eviction. This means that the landlord created conditions that forced you to leave. This entitles you to rent reimbursement for the months you were unable to use the apartment. Damages in a lawsuit may include:
If you decide to file a lawsuit against your landlord, it is important to gather all the evidence. Such as:
In order to take legal action against your landlord for the existence of toxic mold, you must prove that your landlord failed to address the issue and did not provide you with a reasonably habitable dwelling. For example, if your landlord knew of the mold and made a lease agreement with you anyway, or you told them about the mold and they did nothing about it for months, these could be legitimate reasons to sue them. If you decide to bring a lawsuit to the property owner, you can be compensated for all damages related to the existence of mold. These may include:
It may also be the case that because your landlord failed to address the toxic mold, you were forced to move out to avoid further suffering. This is a type of “constructive eviction,” meaning that your landlord indirectly made you leave the apartment by creating uninhabitable conditions. If this is the case, you may be able to recover rent that you paid during the months where mold was present. Landlord Tenant Attorney in Glendale The more evidence you have, the easier it will be to win your case. Do not delay in addressing this issue. The sooner you act, the less damage will be done to your health and property. If you or a loved one believes that their home contains toxic mold and or have suffered damages due to toxic mold in your home, we invite you to KAASS LAW. Contact our landlord tenant attorney at (310) 943-1171 for a free consultation.
It's important to note that any attempt to circumvent the deposit refund policy is a violation of California law. For example, if a landlord refuses to return a deposit without providing a list of withholdings, this is already grounds for a complaint. California law gives tenants the ability to seek a refund of amounts wrongfully withheld. Also, compensation for additional damages. In addition, if a landlord withholds from a deposit for normal wear and tear such as: 1. scuffs on carpets 2. discolored walls 3. slightly scratched floor Which is considered "natural", this would be considered a violation. Normal wear and tear, should not be compensated from the deposit. Only negligent and willful damage caused by the tenant can be grounds for a hold.
It is worth remembering that the landlord is required to provide the former tenant with a list of withholdings with receipts. Which confirms the value of each of them, if the amount of the withholding exceeds $125. Otherwise, the landlord risks being held liable for up to double the amount of the wrongfully withheld deposit. If you believe your landlord has violated your rights in withholding your deposit, KAASS LAW is here to help. We can analyze your lease, correspondence with your landlord, and other documents. And then build a competent defense and recover the funds owed to you. Don't delay, the sooner you seek legal advice, the better your chances of a successful resolution.
Civil Code section 1950.5 (b) covers the 4 reasons that California landlords may deduct money from a security deposit. They include:
As mentioned earlier, there are many different terms that refer to fees that are classified as security deposits in California (cleaning fee, animal deposit). No matter what the landlord calls the upfront payment, it is subject to the same regulations and limits as security deposits. This means that if a landlord already collected a security deposit in the amount equal to 2 months of rent for an unfurnished dwelling, he could not charge any more in different types of fees because it would put him over the limit. The point is that upfront fees cannot combine to exceed the California limit even if they are seemingly not a part of the security deposit. Many disputes arise from tenants claiming that their landlord is making illegal deductions to their security deposit. Some examples of this could include:
KAASS LAW can help protect your rights regarding security deposits.
First, you should find a safe place to pull over, or if it is unsafe, then leave the scene and find a safe place to exchange information with the other driver. It is required by law that all drivers exchange license and insurance information when they are involved in an accident. If any of the involved parties try to leave without doing so (hit and run), you should try to take a picture or make a note of their license plate, so liability and damages can be fairly assessed. While not required by law, it is always a good idea to call the police to the scene unless the accident is extremely minor. This will help create a more accurate narrative of what happened in the accident. You should also take pictures of the vehicles involved, so the property damage can be properly assessed. While you could open up a claim with your insurance provider yourself, it is recommended that you seek attorney representation and let them handle the process for you. Insurance companies will often ask you several questions in order to get your unprepared answers and use them to minimize the amount they need to pay you in the future. It is paramount that you seek high-quality legal representation in order to protect yourself from being taken advantage of.
If you or a loved one has been involved in an auto accident we invite you to contact our auto accident attorneys at KAASS Law at (310) 943-1171 for a free consultation or fill out the contact form below. [contact-form-7 id="5673" title="KAASS LAW Contact Form"]
Violating this Health and Safety code may result in a misdemeanor punishable by a maximum of 6 months in county jail and a fine of up to $1000. A defendant can fight against charges under 120290 HS by having no knowledge of the infectious disease, proving no intent to transmit that disease, or simply even if no transmission occurs at all. Actual disease transmission proves guilt for this crime. So if there is a way to prove that the disease was not transmitted, or at least not transmitted by the defendant, there is grounds for dismissal.
There are three other charges that can be related to Health and Safety Code 120290. Health and Safety Code 1621.5, Penal Code 12022.85, and Penal Code 243.4.
This code criminalizes donating blood, organs, semen, or breast milk when knowingly infected with HIV or AIDS. This law pertains to the donation of infectious diseases, rather than transmission.
Violating Health and Safety Code 120290, and causing HIV/AIDS during those acts with a minor, adds three years. The three year enhancement of charges goes on top of the time served for the underlying charges.
Violation of this penal code and Health and Safety Code 120290 would be that a person knowingly transmitting an infectious disease while also committing sexual battery. A person commits sexual battery when they touch another's genitalia for their own gratification. In this case, touching would be the form of conduct that spreads the infectious disease. A prosecutor can charge this as a misdemeanor or a felony. Misdemeanor offense can lead up to one year in prison and up to $3000 fine. A felony offense can have up to a 4 year prison sentence and fines up to $10,000.
It is important to realize that HSC Section 120290 charges can seriously affect a defendant's future. Even a misdemeanor charge can lead to a criminal record that affects every part of your life. Especially related to communicable diseases. It can affect employment, immigration status, and personal reputation. Therefore, it is crucial to have your case handled by an experienced attorney who can assess all the nuances and build a defense strategy. In addition, prosecutors must prove not only the fact of infection, but also that the defendant knew about the disease. That he or she intentionally attempted to transmit the infection, and that the infection actually occurred or there was a high risk of transmission. If even one of these elements is missing, the charge can be dismissed. For example, if a person participated in risky behavior but was unaware that he or she was infected, this does not fall under HSC 120290. The defense can argue that protected contact and a low likelihood of transmission meant there was no risk of infection. The lawyers at KAASS LAW are prepared to act quickly and decisively. We will provide comprehensive legal support. We will also analyze medical documents, involve experts if necessary and achieve justice in court. Under no circumstances should you wait if you are faced with such a charge.
If If you or a loved one is charged with intentionally transmitting an Infectious disease or its related offenses, 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.
Any and all “safe and sane” fireworks in the state of California must display a “State of California, State Fire Marshall Registered Fireworks” seal. If the seal is not present, the fireworks are not legal to possess or use in the state of California.
In California, specifically, being in possession of an illegal firework violates Health and Safety Code 12677. Therefore, this can apply to California 'safe and sane' fireworks as well, if they violate local fire codes. To illustrate, in Burbank and Glendale, 'safe and sane' fireworks are not permitted. Most offenses result in a misdemeanor punishable by:
The sale and distribution of 'dangerous' fireworks violates California Health and Safety Code 12767 and therefore results in other charges. Furthermore, the punishment for this offense is dependent on the amount of fireworks in possession of the defendant upon arrest.
An attorney may be able to help you fight against a California Firework charge. In particular, known defenses include:
Important: If you have been accused of possessing or selling illegal fireworks, seek legal counsel right away. This will allow you to obtain a defense and possibly lessen the consequences of the charges. KAASS LAW can help you build a defense strategy. Possible defenses include:
If you have a permit to use the fireworks, this can also be an important factor in your defense. Furthermore, if the charges are related to a miscommunication in the transaction, this could also be grounds for dismissing the charges. Don't risk - KAASS LAW is here to help you protect your rights and interests. It is also worth remembering that even possession of fireworks without the intent to use them can result in charges. For this reason, having an experienced attorney become a key factor. One who can carefully review the details of your case and help minimize or completely dismiss the charges. [contact-form-7 id="5673" title="KAASS LAW Contact Form"]
KAASS Law can help you defend yourself against charges of squatting or trespassing. KAASS Law offers the support you need to protect your rights.
California considers squatting a misdemeanor. The punishments may include the following:]
Often, being charged with squatting will also constitute a violation of PC 602, trespassing. Since squatting is the crime of staying or planning to stay on a property that isn’t your own, usually the people who commit this crime have entered the premises illegally. Trespassing is a misdemeanor offense that carries the same punishments as squatting.
In addition, it is important to understand that each unlawful occupancy case is handled individually. The court will consider not only the factual circumstances, but also the behavior of both parties. That is, both the alleged trespasser and the property owner. For example, if the owner noticed the person on his or her property, but took no action to evict him or her, this may be considered acquiescence.
However, even with these circumstances, you should not ignore the charges. Having legal counsel greatly increases the chances of a favorable outcome. At KAASS LAW, we understand how sensitive cases involving homelessness and unlawful occupancy are. We provide a personalized approach to each client. Our team will help gather evidence, prepare arguments and protect your rights in court.
You can use several legitimate defenses if charged with criminally squatting. Some of these include:
Illegal lodging requires that you do something to indicate that you plan to stay on someone else’s property for an extended period of time. Perhaps this was the case, but you didn’t actually plan on staying long. EX: A man gets off his flight at an airport and waits at a nearby parking lot at night for his taxi to arrive. He carries a large number of belongings in his luggage and appears disheveled from a long flight. A property owner in the parking lot sees the suspicious-looking man with several belongings sitting in his parking lot and calls the police, who arrest him for squatting. While carrying belongings is a sign of a squatter, the man did so for reasons other than trying to lodge in the parking lot, so he would not be in violation of the law. It is also possible that you did not do anything at all to indicate your intention to stay on the property for an extended period. Homeless individuals who are breaking the law may be charged with squatting just due to their appearance, which is not an adequate basis for the crime. If you don’t take specific actions that show intent to illegally lodge, the law does not consider you a squatter. Lastly, the idea of permission to squat can be a grey area because you don’t have to receive direct permission to stay on someone’s property. “Implied permission,” is when the property owner’s actions or inaction constitute a form of permission. A property owner who frequently lets squatters sleep in his parking lot cannot have them arrested out of the blue.
It is important to note that for the second element regarding release from custody, different release methods can lead to different Penal Code violations.
Failing to appear in court is a wobbler offense in California, meaning that it can sometimes be charged as either a misdemeanor or a felony. In the case of PC 1320, the evading court on a misdemeanor case will result in a misdemeanor, while evading a felony court date will result in a felony offense. As mentioned earlier, factors like bail payment can also impact the severity of the punishments. When you fail to appear for a court date for a misdemeanor offense, the court charges the crime as a misdemeanor. The punishments can include:
When you fail to appear for a court date for a felony offense, the court charges the crime as a felony. The punishments can include:
When you fail to appear for a court date for a felony offense with bail posted, the court charges the crime as a felony. The punishments can include:
You can defend yourself in several ways if authorities wrongfully accuse you of criminally failing to appear in court. Some of these include:
You must fail to appear intentionally to face charges for the crime. There are several reasons why this may not be the case. Simply forgetting about your court date is not a crime, you must have knowledge of the court date and willfully decide not to go. Even if you did purposefully fail to appear, it is only a crime to do so if you were trying to avoid the legal process. There are many legitimate reasons as to why you would have to miss a court date. For example, you may have been sick or injured. Lastly, sometimes our legal system does make mistakes in coordinating dates for court appearances. It is not uncommon for the court to expect you to come on an incorrect date, or one that is different from what they told you. If the court made a mistake causing your failure to appear, you can use it as a defense. KAASS LAW provides expert legal defense for individuals charged with failing to appear in court under California Penal Code 1320.