In order to prevent the commitment of new possible crimes in custodial facilities. California Law criminalizes actions of bringing contraband to those facilities. Penal Code 4373.5 PC defines it as a felony to bring contraband into a state prison, prison farm, prison camp, or other custodial facilities where authorities hold prisoners. This applies to any manner, shape, form, dispenser, container, or instrument for injection without proper authority under the facility's rules.
Contraband, under Penal code section 4373.5 PC, are alcoholic beverages and drugs other than controlled substances. Examples of such drugs can be cough and cold medicines, pain relievers, cough suppressants, etc., as well as medication prescribed to treat different medical conditions, such as infections, diabetes.
The main element of the crime is the intent of the person to commit it, in other words, the person shall knowingly bring the contraband to the jail. Let’s consider this example. You bring clothes to the jail, however before you reach the place, someone drops off a small bottle of vodka into the box with clothes. In case you can prove that you were not aware of how the bottle of vodka can appear in her box with clothes, you can be released from punishment. It shall also be considered that prohibitions and sanctions shall be clearly posted near and outside of the detention facilities.
Let’s consider the following scenario. You bring ibuprofen to your friend because you are aware that only this pain reliever is effective for him. Then, when charged for violation of Penal Code section 4373.5 PC, you claim that you were not aware that law prohibits bringing to jail this drug and you only had the intent to help your friend. You cannot rely on ignorance of the law because the rule and its sanctions exist outside the jail.
You cannot rely on ignorance of the law because authorities wrote the rule and its sanctions outside the jail. It is punishable in state prison for 16 months or 2 years or 4 years, depending on the circumstances, as well as the criminal history of the person committing the violation. The judge can also award with a felony or formal probation.
Another related offense is the violation of section 4573.6 of the California Penal Code. The section stands for bringing controlled substances to the prison, jail, any detention facility knowingly.
US "Controlled substances act" regulates the manufacture, possession of such controlled drugs. Examples of these are heroin, cocaine, or drugs similar to them. If the violation is charged as a felony and is punishable by imprisonment for up to 4 years in county jail.
If charged under Penal Code 4373.5 PC for bringing contraband into a jail or prison, consult a Los Angeles criminal California Penal Code 4373.5 PC makes it a felony to bring contraband into custodial facilities, aiming to prevent new crimes in jails and prisons.nal defense attorney. For more information contact Los Angeles Criminal Defense Attorney at KAASS LAW. (310) 943-1171 We are located at 815 E. Colorado Street Unit 220, Glendale, CA 91205. Additional offices in Los Angeles located at 633 West 5th St 26th Floor, Los Angeles, CA 90071.
Despite the seriousness of the consequences, a defendant has the right to defend himself against the charges. Here are some possible legal strategies: 1. Lack of intent One of the key elements of the crime is the presence of intent to bring illegal substances or items into the prison. If the defense can prove that the defendant did not realize that the item was a prohibited item, this may be grounds for dismissing or reducing the charges. For example, if the defendant was carrying someone else's bag, was unaware of its contents, and had no intent to violate the law. 2. Failure to Give Notice of Prohibitions While ignorance of the law does not absolve one from liability, the defense may allege a lack of proper notice. The law requires that warnings of the prohibitions and possible penalties be posted in conspicuous places on the premises. Failure to post such notices may be used as a mitigating factor. 3. improper handling of evidence As in other criminal cases, any irregularities in the process of:
Can lead to the exclusion of evidence from the case. If the defense can prove that the contraband was seized as a result of an illegal search, it could have a significant impact on the outcome of the case.
Prosecuting these cases is complex and requires a professional approach. A violation of PC 4373.5 can result in lengthy incarceration and a criminal record that will affect:
And other areas of life. If you or a loved one is facing charges under California Penal Code Section 4373.5 PC, it is important to consult with an experienced attorney immediately. The legal team at KAASS LAW is experienced in defending clients charged with smuggling into detention facilities and is prepared to provide a quality defense at all stages of the case.
Bump stocks laws are considered to be illegal both under federal law since March 2019 and under California law.
A bump stock is described as:
Thus, with the help of a bump stock, a shooter can shoot almost as fast as in case he uses an automatic firearm. Though it shall also be noted, that bump stocks do not convert semi-automatic guns into automatic ones.
The actions, which are considered illegal, are the following ones:
The Vehicle Identification Number (VIN) permanently identifies the vehicle on the road. It can be both a motor number, a serial number, or other distinguishing information. Its main purpose is a registration of the motor vehicle in the Department of Motor Vehicles, DMV, or its tracking. The VIN usually appears in visible places on the motor vehicle, such as a metal plate attached to the dashboard, and in hidden locations like the engine frame. California law makes it a crime to intentionally or knowingly alter or destroy a vehicle identification number (VIN) or misrepresent the vehicle's identity for selling or transferring it.
California Law criminalizes several actions that aim to hide or destroy VIN for different purposes. This article will examine California Vehicle Code section 10802 tampering with a Vehicle Identification Number (VIN).
To charge the defendant for violating VC section 10802, the prosecutor must prove beyond a reasonable doubt that the defendant committed the following actions with the VIN: The defendant (1) knowingly altered, destroyed, disguised, falsified, forged, removed, defaced, or counterfeited a VIN; (2) with the intent to: misrepresent the identity of, or prevent the identification of a motor vehicle or motor vehicle part; (3) for the purpose of: transfer, sale, import or export.
Road debris accidents occur when objects that don't belong on the road cause harm. Road debris can result from any number of sources, both vehicular and non-vehicular. Examples include:
Road debris is hazardous to drivers, cyclists, and even pedestrians. Accidents caused by road debris usually happen when a driver hits the object itself, or when a driver swerves to avoid the object and hits another vehicle or another object.
A few questions to ask that can help determine who is at fault for a road debris accident are:
When an object falls off of a vehicle and into the road, the driver often does not notice and immediately drives away, making it difficult to assign blame to the party who dumped the debris.
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:
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]
California Penal Code Section 191.5 (PC §191.5) classifies gross vehicular manslaughter while intoxicated as a felony.
To charge a person for this vehicular manslaughter while intoxicated per Penal Code §191.5 PC, the prosecutor must prove the following elements exist:
The vibrant city of Los Angeles pulsates with a unique energy, attracting creative individuals and entrepreneurs seeking to make their mark. For those with a passion for hairstyling and a desire to build a thriving business, opening a barbershop or hair salon in LA can be an exciting and rewarding venture. However, navigating the legal landscape of licenses, permits, and regulations can be a daunting task. At KAASS LAW, we understand the intricacies of business law and are dedicated to helping entrepreneurs like you turn their dreams into reality. The following will provide a comprehensive guide to the legal requirements for opening a barbershop or hair salon in Los Angeles, ensuring you have the knowledge and resources to launch your business with confidence and compliance
Steps to undertake for opening a barber shop or hair salon in Los Angeles.
In today's competitive business landscape, trade secrets are often a company's most valuable assets. These confidential pieces of information, ranging from formulas and designs to customer lists and marketing strategies, provide a critical edge in the marketplace. California law recognizes the importance of protecting trade secrets. Additionally, they offer robust legal recourse for businesses that fall victim to misappropriation. At KAASS LAW, we dedicate on safeguarding the intellectual property of businesses and helping them defend their trade secrets from unfair competition. The following will explore the complexities of trade secret misappropriation in California, outlining the legal framework, the elements of a claim, and the available remedies. These types of secrets you want to hold close to your chest!
According to Civil Code Section 3426.1(b)(1) under California law, "misappropriation" refers to the acquisition of a trade secret by а person who knows or has reason to know that the trade secret was acquired by improper means, such as bribery, theft, misrepresentation, breach or inducement of a breach of duty to maintain secrecy. According to Civil Code Section 3426.1(b)(2), misappropriation also includes the disclosure or use of a trade secret without consent by a person who used improper means to acquire knowledge of the trade secret.
California is an "at-will" employment state, meaning that employers generally have the right to terminate employees for any legal reason or even for no reason at all. However, there are important exceptions to this rule, and one of the most significant is the principle of "wrongful termination in violation of public policy." At KAASS LAW, we are dedicated to protecting the rights of employees and ensuring that they are not unjustly dismissed from their jobs. The following will explore the concept of wrongful termination in violation of public policy in California. Furthermore, we will be explaining the legal basis for such claims, common scenarios, and how we can help.
Wrongful termination in violation of public policy happens when an employer fires an employee for performing a legal obligation or exercising a legal right, and the obligation or right is related to important public policy. California law prohibits employers from firing their employees in case that discharge would be in violation of public policy. This is true even though California is an at-will employment state. To add, employers have the right to terminate employment relationships at any time without reason. Specifically, the employee can sue the employer for wrongful termination in case the employer has fired him for:
There are a handful of people and or entities whom are legally allowed to possess a bump stock. The people and or entities whom are entitled to legally possess a bump stock include the following:
It is to be noted that those listed above must have a permit in order to have the right to possess bump stocks.
The offense is a wobbler offense, thus, depending on the facts and criminal history of the defendant, it can be charged either as a felony or a misdemeanor.
The penalties for a Penal Code 32900 misdemeanor conviction include imprisonment in a county jail for a term of up to one year.
The penalties for a Penal Code 32900 felony conviction include imprisonment in a county jail for 18 months to three years.
Since March 2019, bump stocks are considered to be a type of machine gun and are also illegal under Federal Law. Bump stock owners need to destroy them or transfer them to law enforcement agencies. Possessing a bump stock can lead to the following penalties under federal law:
There are some common defenses for Penal Code section 32900, which are possible to use in order to avoid penalties. Examples of such are:
If you or a loved one has been charged with Penal Code 16930 we invite you to contact our Los Angeles criminal defense attorney today at (310) 943-1171 for a free consolation and case review. 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.
California Vehicle Code section 10802 is known as a "wobbler offense", as such, it can either a be charged as a misdemeanor or a felony. Penalties for a misdemeanor Vehicle Code section 10802 conviction will differ from a felony VC 10802 conviction.
A misdemeanor Vehicle Code section 10802 conviction carries the following penalties:
A felony Vehicle Code section 10802 conviction carries the following penalties:
The facts of the case and the offender's history generally decide the type of conviction.
Possible defenses for a vehicle code section 10802 offense may be
For example, you wished to replace your dashboard and accidentally damaged the VIN. You can use this technique as a defense method since you had no intent or purpose to commit the violation described in section 10802.
For example, you tried to hide the stolen car, by damaging its VIN, though you did not have the purpose to export or to sell the car to a third party.
If you or a loved one has been charged with VC 10802 we invite you to contact KAASS LAW today at (310) 943-1171, for a free consultation and case review.
In addition to the basic penalties, a conviction under California Vehicle Code 10802 can have long-term consequences. For example, a criminal record can:
If you are convicted of a felony, the consequences may include:
The court and prosecutor may consider such factors as:
If there is evidence of intent and purpose, such as selling cars with counterfeit plates, the act will almost always be classified as a felony.
In addition to lack of intent and prior VIN damage, defenses may include:
Because VIN violations can be either accidental or the result of serious criminal schemes, it is important to have an experienced attorney. One who can protect your rights and obtain the most favorable outcome possible. The attorneys at KAASS LAW can help you understand the charges against you. They will evaluate the evidence and present possible defense strategies. If you or a loved one is facing charges under California Vehicle Code 10802, contact KAASS LAW. phone (310) 943-1171 for a free consultation and legal assistance.
In some cases, the government can take responsibility for the accident. If the public entity in charge of that road had proper notice of the road hazard, and had ample time to take measures to protect against the hazard and failed to do so, then they may be at fault.
To avoid a road debris accident, one should always:
However, identifying the at-fault party can be a difficult process, especially when the at-fault party leaves the scene of the accident. In such situations, it can be virtually impossible to find him or her. Nevertheless, victims can seek compensation through their insurance company or, if there is sufficient evidence, file a civil lawsuit.
If the government knew about the hazard on the road but failed to fix it in time, it can be held liable. For example, if the highway department ignored complaints about litter on the highway, the victim can file a lawsuit against the city. It's important to keep in mind that filing a lawsuit against government agencies is often subject to strict deadlines. There are also specific procedural requirements. Therefore, it is important to contact an attorney early.
Focus on data from the US National Highway Traffic Safety Administration (NHTSA). Every year, thousands of accidents are caused by litter on the roadways. These accidents can have very serious consequences. Such as:
Debris falling from trucks is particularly dangerous. Also, poorly secured objects on passenger vehicles. They can become an unexpected hazard at high speeds. The driver has only a fraction of a second to react to keep himself and his passengers alive.
In addition to the driver who directly collides with debris, other road users are often affected. For example, in an attempt to avoid hitting the object, the driver may swerve into the oncoming lane. He or she may hit a pedestrian or collide with another vehicle. Thus, one thrown object can cause a chain reaction and multiple lawsuits.
If you have been injured in a road debris accident, it is important to act quickly. It is recommended that you:
The attorneys at KAASS LAW have extensive experience in car accident cases. We help clients deal with:
If you or a loved one has been injured in a litter accident, contact KAASS LAW at (310) 943-1171 for a free consultation. We will carefully review the circumstances of your case and recommend a strategy that is in your best interest. Our staff speaks Spanish, Armenian, Russian, and French.
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.
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.
In other words, we may speak of gross vehicular homicide when the driver being under the influence of alcohol or drugs has killed another person without an intent to kill, but the driver has manifested gross recklessness in that situation.
Suppose driver X drives under the influence of alcohol. He tries to make a drift in the motorway. Suddenly the vehicle goes out of his control and flips over. As a result of the accident a passenger dies.
The penalty for gross vehicular manslaughter leads to both criminal and administrative punishment.
For the conviction of an accused under this crime, the prosecutor has to prove all the circumstances mentioned above. Exhibits and expert conclusions can prove points 1 to 4, but point 5 involves a subjective evaluation. So the tactic of legal defense may be constructed over this factor- whether the accused acted negligently? If yes, whether the negligence was gross or not.
It is important to distinguish between vehicular homicide and aggravated vehicular homicide. As a simple example, if a person accidentally hits a pedestrian because he or she didn't see a stop sign, that is classified as vehicular manslaughter. But if a person drives drunk, at a high rate of speed, and breaks the rules for fun - that's PC §191.5. Some cases involving deaths caused by a drunk driver can be classified as Watson murder - that's second-degree murder. The main difference is intent or deliberate disregard of the risk of death. If a driver has already been charged with DUI and has been educated about the risks, a second DUI may result in a Watson murder charge. In such cases, the court finds that the defendant intentionally disregarded the risk of death.
The court looks at many factors:
In addition, if the defendant stayed at the scene of the accident, summoned help and actively assisted the investigation - this may be considered as a mitigating factor.
While the main penalty is imprisonment for 4, 6 or 10 years, there are other consequences:
It's also worth keeping in mind that penalties can be increased for repeat offenses.
Attorneys can use several strategies: - Challenging the presence of gross negligence - Challenging the level of intoxication - Pointing to other causes of the accident - Insufficient evidence of causation A PC §191.5 charge is an extremely serious offense that requires a skilled legal defense. If you or a loved one has been in this situation, it is crucial that you don't waste any time! Contact KAASS LAW.
Black’s Law Dictionary defines the legal concept of ‘gross negligence’ as a “lack of slight diligence or care.” Thus in every concrete case question is whether the slight amount of diligence or care was sufficient in the given situation to prevent the accident. If the required diligence or care was beyond slight, then it amounts to another felony (vehicular manslaughter) leading to a relatively lenient penalty. Facing charges for intoxication manslaughter? KAASS LAW will analyze your case thoroughly and offer the necessary expertise. Call (844)-522-7752 to speak with our experienced attorney.
An establishment must provide adequate hand washing facilities, including soap, air hand dryers or paper towels.
According to California Business and Professions Code Section 7351 the establishment must provide at least one public toilet room located on or near the premises. The restroom cannot be used as a storage.
At least one sink with hot and cold running water must be provided in each work area, where hairdressing is performed.
Potable drinking water must be available to employees and customers
The establishments must keep the floors, woodwork, walls, furniture, ceilings, furnishing and fixtures clean and in a good condition.
The Gender Tax Repeal Act of 1995 requires barbers and hair salons to conspicuously and clearly disclose the customers in writing the pricing for each service provided. Barbers and hair salons must follow specific posting requirements.
Moreover, barbers and hair salons must display in a conspicuous place at least one sign which states: “CALIFORNIA LAW PROHIBITS ANY BUSINESS ESTABLISHMENT FROM DISCRIMINATING, WITH RESPECT TO THE PRICE CHARGED FOR SERVICES OF SIMILAR OR LIKE KIND, AGAINST A PERSON BECAUSE OF THE PERSON’S GENDER. A COMPLETE PRICE LIST IS AVAILABLE UPON REQUEST.” After receiving a written notice, the Business establishments must correct a violation of any of the requirements in a 30-day period. Otherwise, it can be a fine of $1,000 for each violation for failing to do so. Additionally, according to California Civil Code Section 52(a), a business may be liable for any amount determined by a jury, or a court sitting without a jury, up to three times the amount of actual damage but no less than $4,000, plus any attorney’s fees. However, an action under this section 52(a) doesn’t prohibit an aggrieved party from seeing any other available procedure or remedy.
Opening a barbershop or hair salon in Los Angeles can be a complex process, with numerous legal requirements to navigate. At KAASS Law, we have extensive experience assisting entrepreneurs in launching and running successful businesses. We can help you:
Ready to take the leap and open your dream barbershop or hair salon in Los Angeles. KAASS LAW is here to support you every step of the way. Contact us today for a consultation. We'll answer your questions, provide expert legal guidance, and help you build a thriving and compliant business.
Do you have any additional questions about starting a business in Los Angeles, California? Our business law attorneys at KAASS LAW would be happy to answer your questions and help you out.
According to CACI 4401, to establish the claim of trade misappropriation, the plaintiff must be able to establish all five elements:
According to CACI 4402, each of the following elements must be present in a "trade secret":
California Labor Code Section 2860 expressly establish that the employer owns trade secrets created by an employee. Though, an employer wouldn't own trade secrets created on an employee's personal time without the use of employer's materials.
A plaintiff must bring an action for misappropriation within three years after the misappropriation's discovery. Or, alternatively, by the exercise of reasonable diligence, upon discovery.
In case of a successful claim, trade secret owners can:
At KAASS LAW, we understand the critical role that trade secrets play in business success. Our experienced attorneys can help you:
Trade secret misappropriation can have devastating consequences for businesses, leading to financial losses, reputational damage, and loss of competitive advantage. If you're concerned about protecting your trade secrets or believe that your trade secrets have been misappropriated, contact KAASS LAW today for a consultation. We're here to help you safeguard your valuable intellectual property and ensure your business thrives in a competitive marketplace. Additionally, we also help with any partnership and shareholder disputes, so give us a call for any further legal inquiries!
According to CACI 2430, the plaintiff must be able to establish the following elements to prove the claim of wrongful termination in violation of a public policy.
One important thing the plaintiff must prove is that there is a clear causal connection between his termination and the employer's public policy violation.
The most common lawsuits over wrongful discharge in violation of public policy involve situations when employees are terminated for reporting illegal conduct that the employer has engaged in. This protected by law activity is called "whistleblowing." Federal laws protect employees who speak up about the employer who violates the law. By witnessing the questionable behavior of the employer, whistleblowing employees have immunity against termination and retaliation after reporting the employer to law enforcement. Employees have a right to sue the employer in case they are terminated because of whistleblowing. Here are some federal and California laws that provide support for employees who want to protect their rights after being fired for whistleblower activities. These include:
An employee wrongfully terminated in violation of public policy may recover the following damages:
In most cases, the deadline for filing a lawsuit against the employer for wrongful termination in violation of public policy in California is two years from the date of the termination. However, responses to certain kinds of illegal termination have shorter deadlines for filing a complaint or suit. For example, if the employment relationship is terminated in retaliation for complaining about harassment or discrimination at the workplace, the plaintiff must file a complaint within one year.
Wrongful termination cases can be complex and challenging, requiring a thorough understanding of employment law. Gathering evidence isn't easy. At KAASS LAW, we have extensive experience representing employees who are victims of wrongful termination. We can help you:
If you believe you've been wrongfully terminated, don't hesitate to contact KAASS LAW for a consultation. We'll listen to your story, answer your questions, and explain your legal options. We're dedicated to helping employees fight back against unlawful termination and protect their livelihoods. Additionally, if you believe you're a victim of wrongful termination, post work injury, give us a call! [embed]https://www.youtube.com/watch?v=4w4KPq605d0[/embed]