Consumers are increasingly purchasing unmanned aircraft, or drones, with estimates predicting they will buy around 700,000 this year alone. It is important to know and understand which laws and regulations govern the recreational use of drones.
The Federal Aviation Administration (FAA), with state and local governments, regulate the recreational use of drones. The main purpose of these regulations is to ensure public safety. Thus, the FAA has set specific limitations for such use. For example, the FAA limits recreational drones to daytime use only.
Additionally, the FAA requires recreational users of drones that weigh between 0.55lbs (250 grams) and 55lbs to register their aircraft online through the FAA website.
Similar to the FCC rules, the Los Angeles City council has recently passed an ordinance that regulates both commercial and recreational drone use. The Los Angeles City ordinance mimics the FAA rule as it limits recreational use of drones as follows:
On the state level, the California legislature has recently passed three bills concerning recreational drone use, which the governor has signed into law.
The first bill, A.B. 856 was signed into law in October of 2015. The bill expands liability for physical invasion of privacy to additionally include a person knowingly entering into the airspace above the land of another person without permission.
Moreover, A.B. 1680, was signed into law in September of 2016. This bill expands the scope of the crime of “going to or stopping at scene of emergency for purpose of viewing; interference” under California Penal Code § 402 to include the operation or use of an unmanned aerial vehicle, remote piloted aircraft, or drone, regardless of the operator's location, in the definition of a person.
Lastly, S.B. 807, signed into law in September 2016, limits the civil liability of emergency responders, volunteers, or private entities for drone damage caused while they were performing emergency services and the drone was interfering with those services.
It also limits the exposure to civil liability of a local public entity or public employee for damage, if the damage was a result of specified emergency services.
Because of the increasing popularity of recreational drone use, it is important to know and understand the laws and regulations that govern the activity. It is expected that more acts, regulating drone use, will be enacted both on federal and state level. [1] Rules are subject to waiver [2] L.A. Mun. Code, §56.31(b) [3] 2015 Bill Text CA A.B. 856 [4] 2015 Bill Text CA A.B. 1680 [5] 2015 Bill Text CA S.B. 807
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The most common fundamentals of moral turpitude crimes include crimes such as larceny, fraud, theft, DUI, murder, rape, spousal abuse, and intent to harm persons or things. Below is a list that includes, but is not limited to examples of crimes that fall under "crimes of moral turpitude".
If you commit a crime and get found guilty, you risk deportation or removal proceedings. If you face these risks due to a conviction, or if you believe criminal charges may harm your immigration status, you must speak with an immigration attorney experienced in criminal matters. Therefore, if this applies to you, call our office to schedule a free consultation with a Los Angeles immigration attorney.
Generally, convictions considered or determined to be “crimes of moral turpitude" or “aggravated felonies” may affect your immigration status.
Some common fundamentals of moral turpitude crimes include crimes with the INTENT of harm. The following are some specific examples of “moral turpitude crimes”
In California, offenders involved in an auto or vehicle theft can be charged with either grand theft auto under Penal Code 487(d)(1) PC or Joyriding under Vehicle Code 10851 VC, which is the unlawful taking or driving of a vehicle.
An offender facing vehicle theft charges in Los Angeles may be charged with a misdemeanor or a felony. This depends on the defendant's case, criminal history, and whether he or she has had prior convictions, has been charged with similar crimes. This is primarily because in California grand theft auto under Penal Code 487(d)(1) PC and joyriding under Vehicle Code 10851 VC are generally considered as "wobbler" offenses.
Grand Theft Auto Penal Code 487(d)(1) PC charges require the court to show that the offender intended to keep the car permanently or for a "substantial" period of time.
While joyriding under Vehicle Code 10851 VC charges generally require the court to show that the offender intended to simply take the vehicle for a short spin.
Examples of grand theft auto in California include:
California Penal Code 484(a) states: Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property, or who causes or procures others to report falsely of his or her wealth or mercantile character and by thus imposing upon any person, obtains credit and thereby fraudulently gets or obtains possession of money, or property or obtains the labor or service of another is guilty of theft.
Generally, a defendant can be charged with if he or she stole property valued over $950. Petty theft crimes are possibly the most common theft crimes prosecuted in Los Angeles County. According to an released by the LA Times last year, "Property crimes, which include burglary, theft and auto theft, increased by 7%, largely because of an 11% increase in grand- and petty-theft cases, which together jumped from 964 during the first half of last year to 1,074 during the same period this year." Luckily, an experienced Los Angeles criminal defense attorney may help in reducing or dismissing Grand Theft charges and or penalties; including:
Business interruption insurance, provides coverage to businesses that suffer loss of income and incur expenses due to temporary closure during repairs or restoration process following physical damage to your business (i.e flood, burglary, fire, hurricane, or vandalism).
If your business has suffered a loss due to physical damage you may be entitled to loss of business income. Dealing with business insurance adjusters can be a difficult task because many times adjusters attempt to quickly pay out the insured to avoid further payment under applicable coverage, estimate physical damage extremely low, estimate the repair and or replacement costs extremely low, and or request overly broad and or unreasonable evidence or documentation under business property and business income claim.
Robbery charges under Penal Code 211 PC or any other theft charges such as, California grand theft or petty theft PC 484 and 488 charges is considered as a serious felony-level offense. Under Penal Code 211 PC robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.
For most employment based immigration visa categories (EB-2, EB-3) the employer has to obtain a labor certification from the Department of Labor before submitting the petition for the sponsorship of the foreign employee for permanent residence. If you are an employer or business owner that wants to petition for a employment based sponsorship visa or EB-2 or EB-3 visa contact our Los Angeles immigration attorney.
Will a Criminal Conviction Affect My Immigration Status? Being convicted of a crime as a non-citizen can lead to serious consequences, including the loss of immigration benefits, deportation, or being placed into removal proceedings. In addition, you may become ineligible for permanent residency or citizenship, face jail time, or be fined. However, the impact on your immigration status depends largely on the type of crime committed. Types of Crimes That Impact Immigration Status There are specific crimes that may affect your immigration status. These include "crimes of moral turpitude" and "aggravated felonies." Generally, U.S. immigration law imposes harsher penalties on non-citizens convicted of aggravated felonies or controlled substance offenses compared to those convicted of other crimes.
The term "crime of moral turpitude" is not clearly defined under the law. Nevertheless, immigration officials and judges rely on case law to classify certain crimes as involving moral turpitude. Essentially, these crimes involve intent to cause harm or commit fraud, and they are considered shocking to public morality.
The Ongoing Wildfire Crisis in San Bernardino County The ongoing wildfire crisis in San Bernardino County continues to devastate homes due to the intensity of the brush fire across the Cajon Pass. This destructive blaze has consumed over 30,000 acres, forcing more than 80,000 residents to evacuate. At Kaass Law, our experienced attorneys support and assist homeowners in navigating their fire insurance claims effectively.
Homeowners in California, particularly in high-risk areas like San Bernardino County, must understand their rights and options regarding insurance coverage for fire damages. If the Cajon Pass fire has affected you, you may qualify for compensation through your homeowner's insurance policy. Coverage might include damages caused by the fire and the impact of smoke, soot, and ash, which can pose long-term health risks if left unaddressed.
Residents in fire-prone areas must maintain sufficient insurance coverage for wildfires. Reviewing your policy regularly ensures that it stays up-to-date and adequate to protect against potential fire-related damages and health risks from pollutants.
California VC 23222(b) driving in possession of marijuana only pertains to marijuana that is not in a concentrated form, such as, hash; nor does it pertain to large amounts of marijuana.
Unlike, California Health and Safety Code 11359 Possession of Marijuana for Sale, which pertains to being caught with a large amount of marijuana in your vehicle. California Vehicle Code 23222(b) punishes those who are found guilty of driving with up to 1 ounce of marijuana in their cars.
Immigration officials or judges determine if a crime qualifies as a crime of moral turpitude. Generally, the facts, evidence, circumstances that surround the conviction, and the legal language described in penal code, law, or statute violation.
Immigration officials general consider the fact surrounding the persons' convictions. The Board of Immigration Appeals (BIA) define moral turpitude as a “nebulous concept,” and one that “refers generally to conduct that shocks the public conscience as being inherently base, vile, or depraved, contrary to the rules of morality and the duties owed between man and man, either one's fellow man or society in general.”
It is important to keep in mind that if the facts that surround the specific crime clearly displays that you acted intentionally.
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Yes, you can argue that your charges do not fall under the classifications of a crime of moral turpitude. While you or an immigration attorney can use this defense, you must consider the specific language or wording of the law, penal code, or statute under which the authorities charged you.
Call our office at (310) 943-1171 or contact us via email at [email protected] to schedule a free consultation with a Glendale immigration attorney, near Los Angeles, CA.
Offenders charged with Grand Theft Auto PC 487 (d)(1) may very likely face the charge as a felony conviction. usually charged as a felony, which generally carries a potential jail sentence of two (2) years or three (3) years or sixteen 16 months.
While, on the other side of the spectrum, first-time offense for defendants facing Unlawful Taking of a Vehicle or "Joyriding" under Vehicle Code 10851 VC may be charged as a misdemeanor with other potential penalties such as:
An experienced Los Angeles criminal defense attorney specializing in theft crimes may be able to reduced or dismiss your vehicle theft charges. If you are facing vehicle theft charges it is imperative you speak with a Los Angeles criminal defense attorney and preserve your case. Call our office and schedule a free consultation with our experienced lawyers at KAASS Law. We will explain the criminal justice process, be there for you every step of the way, and advise you on various defense options available such as:
Call our office at (310) 943-1171 or contact us via email at [email protected] to schedule a free case consultation.
Generally, the court will often look at various factors surrounding the charges, such as the value of the property that was allegedly stolen, prior criminal convictions, charges, or cases, and the defendant intends to permanently deprive the owner of the property.
In Los Angeles, a majority of petty theft cases involve "larceny", otherwise known as shoplifting Many times, defendants caught shoplifting are merely booked and released from jail with only a petty theft citation. However, even if the defendant is booked and released from jail immediately, that does not necessarily decrease the chances of facing less serious penalties, such as jail time. Theft charges may also affect immigration status because the charges involve a crime of "moral turpitude".
Example 1: Theft Under Penal Code 484 and 488: Jose is a lawful immigrant and has a pending citizenship application and was arrested for shoplifting at a Macy's Department Store in Los Angeles and is currently facing petty theft by larceny charges. Jose is charged with larceny, such charges may negatively affect his citizenship application may because theft charges are considered as "a crime involving moral turpitude".
Generally, theft by false pretenses occurs when a defendant deliberately misrepresents facts in order to obtain possession or ownership of property from another. In order to be charged with theft by false pretenses, prosecutors are required to prove:
Larceny occurs when:
Call our office at (310) 943-1171 or contact us via email at [email protected] to schedule a free consultation with a Glendale criminal defense attorney. Our lawyers in Glendale, Los Angeles, CA, are highly dedicated to serving to needs of our clients.
KAASS LAW Address: 701 North Brand Blvd. Suite 100 Glendale, CA 91203 Phone: (310) 943-1171 Email: [email protected]
Before you provide any sensitive information to yours or third-party insurance company, it is recommend that you speak with a business insurance attorney in order to ensure you claim is processed properly, thoroughly, and effectively. Our business lawyers at KAASS Law will advise you on the business insurance claims process, help you determine the amount of business income lost, review your business insurance policy, along with your commercial lease agreement, if any.
[video width="1280" height="720" mp4="https://kaass.com/wp-content/uploads/2020/02/How-to-deal-with-business-insurance-claims-and-adjusters.mp4"][/video] While these are only a few things a business owner should consider, filing a business insurance claim can become confusing and convoluted. Our business insurance attorneys provide a free consultation and case review for your commercial insurance claim following a loss. Call (310) 943-1171 and speak with a Los Angeles business insurance attorney. We are available 24-hours a day.
Unfortunately, even if a defendant decided to immediately return the stolen property, they may be charged with robbery.
As mentioned above, robbery is a serious crime and, if you're facing robbery charges you must raise the best defense possible. A Los Angeles criminal defense attorney can develop a defense that can potentially either drop or mitigate the charges. For instance, a A criminal defense attorney paints a picture that creates reasonable doubt about whether the defendant had the intent to commit the crime. Some typical robbery defenses include:
If you are facing robbery charges under Penal Code 211 PC or any other theft charges it is imperative to your criminal case that you speak with an experienced Los Angeles criminal defense attorney immediately. Our criminal defense attorneys can help mitigate your robbery or other theft charges. Call us today and schedule an free consultation. We will evaluate your case, determine what defenses may apply to you, and develop a strategic defense for your criminal case. Call now and speak with one of our criminal defense attorneys at (310) 943-1171. We are available 24-hours a day.
A U.S. employer, willing to sponsor a foreign employee for permanent residence, has to pay the prevailing wage in the area of intended employment. For that purpose, the U.S. employer has to obtain the prevailing wage determination from the Department of Labor. Employers obtain the prevailing wage determination by submitting an online application which includes the job description, the place of employment, and information about the employer.
After obtaining the prevailing wage, the employer must conduct the pre-filing recruitment in order to find qualified and available U.S. workers. First of all, the employer must place two advertisements on two different Sundays in a newspaper of general circulation in the area of intended employment. In addition, employers, willing to hire for professional positions, must conduct three additional recruitment steps. The additional recruitment steps may include placing advertisements on employer’s website or job search websites, on campus recruitment, job fairs, employee referral programs, radio and television advertisements. Employers must also place a job order with the state workforce agency serving the area of intended employment.
Employers must carefully consider all applicants who respond to the employer’s recruitment steps. Employers must contact all applicants who appear to meet the minimum requirements. Job applicants can be rejected only for lawful and job-related reasons. A detailed recruitment report, explaining why each job applicant was rejected, shall be prepared.
Once the employer has conducted all the required pre-filing recruitment steps, it can file the labor certification application. Labor certification applications are generally filed through the PERM online system, a dedicated Department of Labor website. The application includes information about the offered position, information about the employer and the foreign employee, and information about the pre-filing recruitment steps. The employer cannot attach any documents with the application, however, it might have to send additional documents in support of the application if the case is selected for audit. If the employer gets the labor certification it can file the immigrant petition to sponsor the foreign employer for permanent residence.
Generally, getting the labor certification is the most difficult part in the process of sponsoring a foreign employee for permanent residence. If the employer passes this hurdle the immigrant petition for alien worker is usually approved without complications.
Call our office at (310) 943-1171 request a free consultation with a Glendale Immigration lawyer fast and easy.
Some common examples of crimes that fall under moral turpitude include:
Conspiring to commit a crime or acting as an accessory in certain cases can also qualify as moral turpitude. What Are Aggravated Felonies Under Immigration Law? U.S. immigration law also categorizes certain offenses as aggravated felonies, which often result in severe consequences. These crimes, even if classified as misdemeanors under state law, can lead to deportation and permanent bars from re-entry into the U.S.
Examples of aggravated felonies include:
Non-citizens convicted of these crimes typically face automatic deportation with limited options for relief. Who Determines Whether a Crime Is One of Moral Turpitude? Immigration officials and judges are responsible for determining whether a crime qualifies as one of moral turpitude. They assess the circumstances of the case, the intent involved, and the wording of the penal code or statute in question. Case law also provides important guidance in these determinations. Defending Your Immigration Status After a Conviction It is possible to defend your immigration status even after a criminal conviction. One approach is to argue that the crime does not qualify as a crime of moral turpitude or an aggravated felony. This defense often hinges on the specific language of the statute under which you were charged.
Working with an experienced immigration attorney can improve your chances of successfully defending against deportation. Your attorney will analyze the legal language in your case and help build a solid defense. Can You Apply for a Green Card After a Conviction? Even after a conviction, you may still be able to apply for or renew a green card. In some cases, non-citizens can qualify for a 212(h) waiver, which allows them to apply for a green card despite having committed a crime of moral turpitude.
To qualify for a 212(h) waiver, you must meet the following conditions:
If you meet these criteria, you may still pursue permanent residency. Consequences of a Criminal Conviction on Immigration Status Criminal convictions can have lasting effects on your immigration status, including deportation. Deportation may separate you from your family and your life in the U.S. Certain convictions also make you ineligible for immigration benefits such as asylum, temporary protected status (TPS), or visa extensions. Why Hiring an Immigration Attorney is Crucial Defending your immigration status after a criminal conviction is complex, but an experienced attorney can help you navigate the legal process. They will review the details of your case, explain your options, and create strategies to avoid deportation or other severe consequences. If you're facing deportation due to a criminal conviction, it is crucial to seek legal assistance immediately. Immigration laws are complicated, but with professional help, you can work toward the best possible outcome. Contact Us for Legal Help Concerned about how a criminal conviction might affect your immigration status? Call our office at (310) 943-1171 or email us at [email protected] to schedule a free consultation with our immigration attorney. We will help you explore your options and work to achieve the best possible outcome for your case.
What Does Your Insurance Policy Cover? Many homeowners ask, "What does my insurance cover if there is a wildfire?" Coverage depends on your policy, but most homeowner insurance policies include:
Extreme heat or smoke can compromise your property even if there is no visible damage. A professional inspection after a wildfire is crucial. Smoke and ash can penetrate surfaces, leaving residues invisible to the naked eye but potentially harmful over time. Qualified inspectors can determine the extent of damage and recommend effective remediation techniques.
Insurance companies often send their vendors to assess fire damage, determine the cause, and decide on repairs. This inspection is critical to initiating your claim. If the inspection is inadequate or you disagree with its findings, consulting an attorney may be wise. At Kaass Law, we connect homeowners with experts who evaluate damage thoroughly, identify the true cause, and provide accurate repair estimates. This helps you recover the full compensation entitled under your policy.
Your homeowner’s policy likely includes coverage for your personal belongings. It is essential to maintain an inventory of your possessions, using photos, receipts, or videos. Keeping a record offsite or in cloud storage ensures you don't lose documentation if your home is damaged. Updating your insurance company on major purchases helps maintain an accurate reflection of the value of your belongings.
If a wildfire forces you out of your home, you might wonder, "Will my insurance cover temporary living costs?" Fortunately, most policies cover "Additional Living Expenses" (ALE). ALE coverage includes costs like rent for temporary housing, meal expenses, and storage fees while your home is under repair.
To ensure fair compensation after a wildfire, follow these steps:
At Kaass Law, we help property owners understand their insurance coverage and claim fair compensation after wildfire damage. We guide you through the process of filing and managing fire insurance claims, ensuring your rights remain protected. Contact Us Today If you need help navigating an insurance claim after the Cajon Pass fire, contact Kaass Law today. We assist residents of San Bernardino County in getting the support they need during these challenging times. Contact Information: Please call our office at (844) 522-7752 or at [email protected]. Let our experienced team help you receive the justice and compensation you deserve.
A Los Angeles criminal defense attorney can help you with the sort of legal assistance that you require regarding drug crimes in the county. Our lawyers in Glendale, Los Angeles, CA are here to help understand your legal rights. Please call our office at (310) 943-1171 or contact us via email at [email protected]