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Health and Safety Code 11350: Possession of a Controlled Substance
One of the most frequently-charged drug crimes is possession of a controlled substance, under California Health and Safety Code 11350 Possession of a Controlled Substance. It is prohibited possessing certain controlled substances without a valid prescription. Controlled substance is a chemical or a drug whose possession, manufacture, and use are regulated by the United States "Controlled Substances Act". Unlike Health and safety code 11365 which governs unlawful use of controlled substance, In order to being convicted of Health and Safety Code Section 11350 Possession of a Controlled Substance, the following elements must be established:- Defendant illegally possessed a controlled substance
- Defendant was aware of its presence
- Defendant was aware of the substance's nature or character as a controlled substance
- The controlled substance was in a usable amount.
What is Considered a "Controlled Substance" in California?
According to California Health and Safety Code a "controlled substance" can include a wide range of drugs, including, but not limited to stimulants, hallucinogens, depressants, opiates, cocaine, heroin, methamphetamine, PCP.Three Types of Controlled Substance Possession in California
There are three types of controlled substance possession: actual possession, constructive possession and joint possession. Actual possession of a controlled substance means having drugs on person with immediate or direct physical control over it. Constructive possession means not having drugs on person but having the authority to control the possession of drugs. This means that the defendant does not need to be caught with drugs in his direct possession in order to be charged under HS 11350(a). Having joint possession means sharing actual or constructive possession with at least one other person.What Are the Legal Defenses for H&S Code 11350
Defendant Held a Valid Prescription
The defendant is excused from violation of Health and Safety Code 11350 as long as he held valid prescription for the drug and the possession was consistent with the purpose of the prescription. A legal written prescription is given form physician, dentist, podiatrist, or veterinarian licensed to practice in state. This defense won't apply if the defendant possessed a fraudulent prescription for the drug or was found in possession of more drugs than was prescribed.Defendant Had Temporary Possession of the Controlled Substance
Temporary possession will serve as a legal defense in case the defendant possessed the drugs with the aim to dispose or destroy them for terminating its unlawful possession. This defense won't absolve the defendant from criminal culpability in case he exercise control over the drug but willingly dispose it.Defendant Didn't Possess the Controlled Substance Defense
Health & Safety Code section 11350 specifically punishes for the possession of something illegal. Therefore, in case the defendant did not actually or constructively possess the controlled substance then he can't be committed in violation under the essence of this law.Lack of Knowledge Defense
According to Health & Safety Code section 11350 the defendant must be aware of the presence of controlled substance and knew its nature or character as a controlled substance. Therefore, knowledge is an essential part of this crime. In case the defendant wasn't aware that the possessed drugs were illegal, he must be acquitted of illegal possessionPenalties for Health and Safety Code 11350 Conviction
Possession of controlled substances under Health and Safety Code 11350 is misdemeanor. Penalties for conviction are the following:- Up to one in county jail, and/or
- Fine of up to one thousand dollars
H&S 11350 Defense Lawyer
For answers to any other questions you may still have about California Health and Safety Code 11350, about being present while controlled substances are used, or to discuss your case confidentially with our team of experienced California criminal defense attorneys, give us a call at {meta.phoneFormatted}. Our lawyers in Glendale, Los Angeles County, CA, are highly dedicated to serving the needs of our clients.Possession of a Controlled Substance Video
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California Homeowners' Associations and CC&Rs
The catch with purchasing a home or a condo in a co-op, planned unit development (PUD), or common interest development (CID) in California, is that you also automatically become a member of a homeowners' association (HOA) club. The club, while exclusive, is not necessarily the kind of club you would want to be a part of just for the name or the bragging rights. This is because with your membership to an HOA, you automatically give up a lot of control over your own property. Clearly, if you are in the market to spend a lot of money on a new property, you probably want as many freedoms with it as you would expect, therefore, it is crucial you understand the ways that being a member of an HOA can limit those freedoms.Who are The Board Members of Homeowners' Association in California?
A homeowners' association is comprised of members who own property within the subdivision. Most HOAs are operated by a board of directors, usually made up of a small group of volunteer homeowners.CC&R Rules, Regulations, and Covenants
All members of the HOA must agree to abide by certain rules and regulations which are outlined in the covenants, conditions, and restrictions (CC&Rs) section of the agreement.What are CC&Rs?
These CC&Rs limit the freedoms of individual homeowners' by putting executive and decision-making rights into the clutches of the homeowners' association at large. In doing this, the agreement serves as a legally binding document that allows others within the community to make decisions about what you can and cannot do with your property on your behalf.How Bad Can Homeowners Associations Really Be?
Okay, so far, the whole things sounds awful, right? Well, the thing is there is not really much good that comes out of homeowners' associations for most people: some associations fancy themselves neighborhood officers and enforce every rule with the same zeal that a cop might have for giving someone a ticket on their morning commute to work, whereas others are far more chilled out and do not really bother to interfere with their members' lives.Homeowners Association Regulations on Planned Unit Development Community
As a general rule of thumb, most homeowners' associations will always want to make decisions that serve to improve the value of the houses in the community. While that may sound like a very noble intention, it often means that the association gets the ability to dictate very constrictive regulations on the entire community living there.Are CC&R's Legally Binding?
Since these agreements and their CC&Rs that come with them are legally binding, you will absolutely want to be sure that you have read up on the details of the agreement. Otherwise, you might end up purchasing a property where the CC&Rs are incompatible with your lifestyle. For instance, many CC&Rs outright prohibit you from painting your house certain colors, specify which colors of curtains or blind are acceptable if they are visible from the street, and even detail what kinds of front yard landscaping or pruning you can do. Honestly, there is virtually no limit to how weirdly specific the rules in CC&Rs in an HOA can get. Some common examples that they can restrict or regulate include:- Shingles and exterior paint color
- Trees, lawns, and weeds
- Adding or modifying rooms in your house
- Swimming pools and jacuzzi construction
- Fences and hedges
- Garages and sheds
- Outdoor lights and satellite dishes
- Pets (size and breed)
- Noises and obstructions
- Windows and wreaths
- Bathroom Remodeling
Getting Out of HOA and CC&Rs **Fees Apply
Another negative aspect of homeowners' associations is that once you own property within the community, getting any help or relief from overbearing restrictive CC&Rs is extremely difficult. Most likely, you will have to submit a detailed application with a hefty fee for a variance, ask for your neighbors' express permissions, and maybe even attend formal hearings and proceedings to see what is decided about your case. The bureaucratic processes only worsen if you want to make any structural changes to your house, like adding a room or building a fence. In those cases, you will most likely have to receive formal permission from the association, in addition to complying with city zoning laws.Homeowners' Association Common Property or Common Property Areas
The last straw for most prospective buyers is the fact that homeowners' associations almost always require members to pay fees on a monthly basis, which can feel an awful lot like paying for rent on top of your mortgage.What are HOA Fees Used For?
These fees are to cover costs for ‘common property' maintenance such as pools, golf courses, gardens, walkways, and other facilities. Sometimes, the fees can run as high as hundreds of extra dollars a month. Worse still, lots of homeowners' associations give their boards permission to raise the costs by up to 20% per year as well as imposing new taxes and fees into the final cost without even requiring a membership vote.Liability of an HOA Board Member
When a HOA fails to maintain that common areas, misuses HOA funds, the HOA may be in breach of their fiduciary duties of HOA Board Members. An HOA board member is typically only personally liable in these lawsuits if the member breached his or her fiduciary duty to the HOA. Often times in HOA can find themselves liable during homeowners insurance claim disputes amongst neighbors which generally result in a lengthy litigation battle.The Bottom Line–Our Two Cents on Homeowners Association
If you are worried about any of the restrictions we mentioned earlier, or if you have concerns that homeowners' association fees may get out of hand, you should definitely refrain from purchasing a property that requires you to become a member of an HOA. Make sure you do your research thoroughly about the exact terms and conditions that the property entails, because most times the sales agents for units within a community will not ever warn you of these restrictions. They do a great job of selling you the property–and a poor job of telling you about the baggage and the bureaucracy the property comes with.California Homeowner Association Lawyers
At KAASS Law, our California homeowner association lawyers believe that your home is a sacred place and running into problems with your HOA and insurance claims can be a frightening and overwhelming experience. Making the move to own instead of renting is a huge stride toward future financial success for anyone, and we want that process to be as rewarding and stress-free as it can be for our clients. We break down the details to you very clearly so you do not fall into a costly trap later and we can also help you fight some of the ridiculously restrictive rules and regulations of some CC&Rs. If you have any questions or concerns surrounding homeowners' associations and the covenants, conditions and restrictions that they may come with, we highly encourage you to give us a toll free call at {meta.phoneFormatted} to speak to our California homeowner association lawyers today. - Read More
Insurance Issues with App-Based Sharing Economy
Insurance issues rising with the ever growing app-based sharing economy which has promoted many insurance issues. Many states such as California have taken action to aid in consumer protection. From homesharing to ridesharing, it seems that the U.S. population is sharing everything. Many people rent cars to commute from places to place from companies such as Turo, or use ridesharing app such as Lyft or Uber.California Public Utilities Commission Regulating Ridesharing
California was the first state to regulate ride-sharing services by requiring California Public Utilities Commission licenses, a minimum of $1 million in insurance, vehicle inspections, as well as driver training programs.Liability Issues with Rental Sharing Economy Apps
There are a number of liability issues that can arise when someone is involved in an accidents which involves vehicles which are rented with a car rental apps such as Turo. The passing of California AB 1871 bill specifically addresses liability question for car sharing, for all intents and purposes related to liability, Turo would be considered the owner during the rental period. The law also further prevents your insurance company from canceling your policy because you participate in car share.Is Turo Liable for Insurance Purposes During Rental Period?
California AB 1871 bill further makes Turo liable instead of your personal insurance. Turo would not only be liable after the $1M insurance is exceeded, but they are legally required to indemnify you of any civil action as well as take the place of your personal insurance outside of willful negligence. Turo Third-Party Automobile Liability Insurance further includes coverages for property damage claims and UIM/UM insurance claims.California Turo Car Rental Accident Lawyer
If you were involved in an peer-to-peer sharing auto accident in California we invite you to hire our dedicated California Turo car rental accident lawyer today. Our skilled accident attorneys leverage their considerable experience into obtaining significant settlements from insurance companies who are known for being reluctant to pay out on claims. You can rely on our experienced lawyer to carefully analyze the facts of your case to prove the facts necessary. To schedule a consultation with one of our peer-to-peer sharing app lawyers, call KAASS Law today at {meta.phoneFormatted} or send us an email through our online appointment form. - Read More
California Penal Code 186.10 Money Laundering
Under California Penal Code 186.10 money laundering is a financial crime referring to transactions intended to promote or facilitate criminal activities, or transactions knowingly made with proceeds from criminal activity. To prove money laundering under Penal Code 186.10 the prosecutor must prove the following elements:- Defendant conducted or attempted to conduct a financial transactions or a series of transactions through a financial institution.
- The total sum of transactions was more than $5,000 in a seven day period or more than $25,000 in a 30 day period.
- Defendant made the transaction with intent to promote criminal activity or he knew that the money involved were from the proceeds of criminal activity.
What Qualify as "Transactions" in Money Laundering Cases?
Money laundering is the act of using stolen funds to conduct a transaction through a bank or some other financial institution. California law lists the types of activities which can qualify as transactions, those are: withdrawals, bank deposits, wire transfers, fund transfers, payments, and other financial activities. Attempts to conduct business can also qualify as money laundering even if the transaction isn't finished. In case the funds are used for making purchase or for any other reason, they won't be considered to have been laundered under California law.California Health & Safety 11370.9 Money Earned From Drug Crimes
In California there are two specific laws that relate to money laundering: California Penal Code Section 186.10 and California Health and Safety Code Section 11370.9. Penal Code Section 186.10 deals with money that is related to any type of criminal activity, California Health & Safety Code covers money earned from drug crimes.Health & Safety Code Section 11370.9
In order to be convicted of Health & Safety Code Section 11370.9 money laundering in connection with drug crimes, the prosecutor needs to prove the following elements:- Defendant received, acquired, or engaged in a transaction involving money or property that he knew was derived from a controlled substances offense, such as selling or transportation of a controlled substance;
- Defendant committed the money laundering transaction with intent to conceal the illegal source of money;
- The total amount of laundered money was more than $25,000 in a thirty day period.
Criminal Charges for Money Laundering of Drug Proceeds
In contrast Health & Safety Code doesn't require the money to pass through a bank or other financial institution. A person can be charged with money laundering of drug proceeds even if the money was never converted from cash.Penalties for Money Laundering in California Misdemeanor
In California law both forms of money laundering are considered wobblers. Penalties for misdemeanor money laundering include:- Up to one year in county jail; and/or
- Fine of up to one thousand dollars
Penalties for Felony Money Laundering Penal Code 186.10 Charges
Penalties for felony money laundering under Penal Code 186.10 include:- Sentence of sixteen months, two or three years in county jail; and/or (the sentence increases in case the amount of money laundered is more than $50
- Fine of up to $250,000 or twice the amount of money laundered (the fine increases if is not the first conviction for money laundering)
Penalties for Felony Health & Safety Code 11370.9 Charges
Penalties for felony Health & Safety Code 11370.9 criminal charges include:- Two, three, or four, years in state prison; and/or
- Fine up to $250,000 or twice the amount laundered
Money Laundering Video
/wp-content/uploads/2019/11/Money-Laundering.mp4California Money Laundering Defense Lawyer
Hire the most dedicated California money laundering defense lawyer to help defend and fight your Penal Code 186.10 charges. Our attorneys at KAASS Law are highly dedicated to help our clients in every way possible. You can rely on our experienced lawyers in Glendale, Los Angeles, California, to carefully analyze the facts of your case to prove the facts necessary. We back all of our clients and we invite you to give us a toll free call at {meta.phoneFormatted} to speak to our experienced Glendale criminal battery attorney today. Get in touch with us at KAASS Law, 815 E Colorado St #220, Glendale, CA 91205, {meta.phoneFormatted} at any time. - Read More
Turo Third-Party Automobile Liability Insurance
Turo third-party auto liability insurance is purchased through Turo and includes coverage for renters/guests under a third-party automobile liability insurance policy purchased from Liberty Surplus Lines, a Liberty Mutual Group company Said Liberty Mutual Policy provides guests with insurance coverage while they are driving the rented vehicle during the booked trip. The following covers information regarding Turo's California peer-to-peer car rental insurance coverage.Turo's Insurance Coverage for Bodily Injury and Property Damage to Third Parties
According to the Turo website, Turo's insurance coverage for bodily injury and property damage to 3rd parties is as follows:- Bodily injury and property damage to third parties:
- The Liberty Mutual Policy insures guests against liability to third-parties for bodily injury and property damage resulting from the use of the booked vehicle during the booked trip, up to the minimum liability coverage required by state law. This coverage cannot be declined. Note, however, that it does not apply to vehicles that are booked on Turo from a Commercial Host.
- If the renter of the vehicle selects the Supreme or Premium plan, the limits of the coverage provided under the Liberty Mutual Policy are increased to a combined single limit of $1,000,000.
Turo's Uninsured or Underinsured Motorist ("UM/UIM") Insurance Coverage
According to the Turo website, Turo's insurance uninsured or underinsured Motorist ("UM/UIM") insurance coverage is as follows:- The Liberty Mutual Policy includes the statutory minimum amount of UM/UIM coverage in those few states where UM/UIM coverage is required by law and cannot be waived.
- UM/UIM coverage, when available, protects guests and passengers from losses resulting from bodily injury caused by an uninsured driver, hit and run driver, a driver whose limits of liability have been exhausted, or a driver whose insurer is insolvent while in the booked vehicle during the booked trip.
- Turo has either waived this coverage entirely or subscribed to the lowest limit allowable by state law. Hosts and guests are bound by Turo's election and, in addition, agree to be bound by that election pursuant to the Terms of Service.
Physical Damage to Shared Vehicle Using Turo
Protection plans made available by Turo also address the renters liability for any damage to the booked vehicle which may occur during the booked trip.Turo Renters Responsible for Physical Damages of Booked Vehicle
The person who rents out a car using Turo is responsible to return the booked vehicle on time and in the same condition as when they first received it. The renter is held financially responsible for all physical damage to the booked vehicle, as well as related costs, if any. If, for instance, there is physical damage to the booked vehicle during the period of the booked trip, the renter will be legally liable for the costs of repair, plus related costs, if any. If there is physical damage to the rented vehicle and the cost of repair exceeds 75% of the actual cash value of the vehicle, the renter will be legally liable for the actual cash value of the booked vehicle, plus related costs, minus the salvage value, if any.Los Angeles Turo Accident and Insurance Lawyer
If you were involved in an peer-to-peer sharing auto accident in California we invite you to hire our dedicated Los Angeles Turo accident and insurance lawyer today. Our skilled accident attorneys leverage their considerable experience into obtaining significant settlements from insurance companies who are known for being reluctant to pay out on claims. You can rely on our experienced lawyer to carefully analyze the facts of your case to prove the facts necessary. To schedule a consultation with one of our peer-to-peer sharing app lawyers, call KAASS Law today at {meta.phoneFormatted} or send us an email through our online appointment form. - Bodily injury and property damage to third parties:
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HOA Bylaws and CC&Rs: What You Need to Know
HOAs otherwise known as Homeowners Association, will have its own HOA bylaws, rules and regulations, as outline in its Declaration of Covenants, Conditions, and Restrictions, or CC&Rs for short. The CC&Rs act as the governing documents by which the HOA conducts its business, which is usually to ensure that the properties within the planned community have as high of a market value as possible. However, there are also bylaws to beware of, as there are some key differences between the HOA bylaws and the CC&Rs.What is a CC&R?
To be clear, the CC&Rs serve as the legal binding document that outlines the guidelines for the planned community, as well as how all of the members within that community should conduct themselves. CC&Rs are recorded and archived within the county records of whichever county the property is located. Basically, that's all a really fancy way of saying that the CC&Rs are legally binding and getting out of it is extremely difficult since it gets recorded and reported to county officials. It also goes without saying that upon purchasing a home within a planned community, you automatically become a member of the homeowners' association there, whether you like it or not.California CC&Rs Restrictions and Laws
Put simply, the CC&Rs are the rules of your community. Those can include many differences protocols, regulations, and some of them can be very oddly specific (link here to the previous article). For example, the CC&Rs may say that you need to keep your garage door shut or they might forbid you from painting your house a certain color. Basically, the CC&Rs tell you what you can and cannot do with your property because it is in a planned community. Other things that CC&Rs frequently regulate include:- Basketball hoops
- Fences or hedges
- Garbage cans or disposals
- TV antennas/satellite dishes
- Clotheslines
- Where you can park
- And much, much more...
California Homeowner's Association Penalty Fees
As you can see, there are lots of things to watch out for in a CC&Rs since they can be so particular about what is and is not allowed. If you don't heed the rules set forth by the CC&Rs, then the homeowners' association can fine you penalty fees and potentially even force you to give up the house for frequent violations. By The Way... Bylaws are Different So, now that we have gone over what CC&Rs are... It's time to tackle the other elephant in the room: HOA Bylaws. To do that, we have to first understand what an HOA is and how it is set up. A homeowners' association is almost always established as a nonprofit corporation so that they can spearhead and manage private, planned communities. Just as with other corporations, an HOA must be governed by a board of directors whom the members elect and a set of rules called bylaws must be written into effect.What are HOA Bylaws?
The bylaws state how the HOA conducts its operations and business and they contain all of the information and details necessary to run the HOA as a business. Therefore, just like other businesses and corporations, HOA bylaws discuss matters like:- When, where, and how often the HOA holds its meetings
- How the meetings are organized and carried out
- The duties and responsibilities of the offices of the board of directors
- How many people and positions are available on the board
- Members' voting rights and how votes are conducted
California HOA Lawyer
Contact our California homeowner association lawyer if you have a dispute with your HOA, HOA insurance claims, HOA penalty, adverse action taken against you by HOA for failing to follow California Homeowners' Associations and CC&Rs, or any other HOA related matter. We break down the details to you very clearly so you do not fall into a costly trap later and we can also help you fight some of the ridiculously restrictive rules and regulations of some CC&Rs. If you have any questions or concerns surrounding homeowners' associations and the covenants, conditions and restrictions that they may come with, we highly encourage you to give us a toll free call at {meta.phoneFormatted} to speak to our California homeowner association lawyers today. - Read More
California Peer-to-Peer Car Rental Insurance Coverage
Peer-to-peer car rental sharing apps and services, such as Turo or Gertaround which allows you to rent another person's vehicle. There are a few things to keep in mind when using such service, such as insurance covered and P2P car sharing liability issues.If I Rent a Car Through a P2P Car Sharing App Will My Personal Auto Insurance Cover The Damages?
If you are wondering if your personal auto insurance will cover your auto damage in the event the you rented a car and were involved in an accident you will have to check the language in your own policy. Many auto insurance companies included language which specifically excludes coverage if you're using a P2P vehicle. While your personal car insurance covers traditional rentals, it may not cover peer-to-peer car sharing.Car Sharing Insurance Claims and Coverages
Often, car sharing companies such as Turn, generally provided basic insurance plans, however they carry very low limits, thus it's worth spending more to get top-tier plans to increase coverage in the event the renter of your car is involved in an auto accident. Therefore, you will need to purchase the car-sharing company's auto insurance to be sufficiently coveredWhat is the Deductible if P2P Rental was Involved in Auto Accident Using Turo?
If you were involved in an auto accident using a Turo peer-to-peer rental car, you will be charged a deductible, typically from $1,000 to $3,000 if the company needs to file a claim.What Risks Should Owners That Participate in P2P Car-Sharing Be Aware of?
Participation in any peer-to-peer sharing apps comes with risks, especially in your renting your car out. The most obvious risks is potential damages to your vehicle, fighting with the insurance companies to receive a fair market value for your car in the event. Further, if you don't notify your insurance company that you're renting out your car and or your participation in a P2P car-sharing you may potentially be at risk of having your policy canceled. Thus, its best to check with your insurer before placing your car for rent on a car-sharing app.If I Rent My Car Through a P2P Car Sharing App Does My Insurance Cover My Car?
If you rent your car through a PTP car sharing App such as Turo, generally your car will not be covered unless you have a commercial auto insurance police. Personal auto insurance policies are now being written to specifically exclude peer car-sharing apps from coverage. While, companies such as Uber or Lyft provide liability insurance coverage to accommodate peer-to-peer car sharing it is best you check if the P2P car sharing company you are participating offers such coverage. Turo, works a bit different than Uber and Lyft liability insurance claims.Turo Liability Insurance Coverage for Car Owner
Turo's Primary liability insurance coverage covers the car owner up to $1,000,000; protection for physical damage to your car is provided without deductible for the Premium and Standard host protection plans, and with a $3,000 deductible for the Basic plan.Turo Premium and Standard Liability Insurance Plans
Under Turo's premium and standard liability insurance plans, car owners receive the actual cash value of their car or up to $125,000, in the even the vehicle is deemed as totaled. Coverage is not available for hosts who are not utilizing a Turo protection plan. More over, primary liability coverage up to $1,000,000; no protection for physical damage to your car.- Delivery Period (when the host or designee, who is a "Turo Approved Driver," is actively delivering the car to the guest, and not while retrieving the car from the guest).
Turo's Premium Insurance Plan: Liability Coverage for Renters
Per Turos Premium Plan haves insurance liability coverage up to to $1,000,000. Physical damage to the car covered up to the actual cash value of the car. No deductible for the supplemental liability coverage. Turo's premium liability insurance insurance is secondary to any other insurance the renter may have, however as mentioned, often times your own insurance will exclude coverage for car-sharing services. Lastly, once you've exhausted your own insurance for physical damage, your out-of-pocket expense is limited to $500.Rental Car Turo Liability Insurance for Owner
Liability coverage for owners who rent their car out using Turo are covered up to a combined single limit of $1,000,000 for liability. Coverage includes personal liability for the renter, third-party liability for passengers and other affected parties, and third-party property damage arising from a car accident. Comprehensive and collision coverage The collision coverage provided protects the owner's vehicle in the event of an accident. Liability insurance coverage applies for the duration of each rental, from start to finish, and includes liability, collision and comprehensive.Get From Attorneys Who Help All Accident Victims of Turo and Other Peer-to-Peer Sharing Apps
If you were involved in an peer-to-peer sharing auto accident in California we invite you to hire our dedicated Los Angeles Peer-to-peer accident lawyers today. Our skilled accident attorneys leverage their considerable experience into obtaining significant settlements from insurance companies who are known for being reluctant to pay out on claims. You can rely on our experienced lawyer to carefully analyze the facts of your case to prove the facts necessary. To schedule a consultation with one of our peer-to-peer sharing app lawyers, call KAASS Law today at {meta.phoneFormatted} or send us an email through our online appointment form. KAASS Law, 815 E Colorado St #220, Glendale, CA 91205, {meta.phoneFormatted} - Read More
Cybersecurity and Safeguarding Your Personal Information
Cybersecurity has never been as important as it is today for safeguarding crucial information. This includes information that can easily be used to identify and to compromise the personal details of our lives. Everything from bank account and transactional details to personal milestones, memories and life events are all available to access online. All of these trends are natural consequences of our increasing reliance on the internet and online activities. The sheer amount of personal data that can be retrieved online is staggering...which then begs the question: who or what is protecting all of it?Does Online Security Exist?
While an easy answer to the question of online security simply does not exist, we can determine the security protocols of many of the online services we use by doing some quick research. The main things to look out for are their terms of use and their privacy policy. These two together are what constitute the core ethos of the company with regards to their users' privacy and the lengths they are willing to go through to protect it. Outside of that, it's all about being conscious of what services you use and what information you give up in order to use it. However, despite being careful, there's no much you can do if the service itself gets breached. In those cases, it's all about how the company responds to and deals with online attacks.Unencrypted Personal Information Acquired By Unauthorized Persons
As far as how companies must respond to security breaches, there are laws in place which require them to disclose what happened if the compromised information can jeopardize clients' personal information and private matters. Specifically, the California data security breach notification law was enacted in 2002 and has been in effect ever since and it requires that companies notify California residents whose unencrypted information was acquired by any unauthorized person. The law is extensive in that it still requires that you be notified even if the information was leaked or hacked. This means that even if a company is not one hundred percent sure if your information was breached, they do still have to notify you so long as there is a reasonable doubt.California Civil Law Code 1798.82
California's civil law code 1798.82, while originally enacted only in California, most states have since followed suit by enacting similar laws. In fact, the California data security breach notification law was quite novel and progressive for its time as it deals with issues of cybersecurity and online privacy at a time when those areas were nowhere near as well-developed and intensive as they are today. The intent of this law is simply to ensure that the public remains aware of any successful cybersecurity attacks and to keep companies accountable for their security protocols and measures.Cyber Security and Online Encryption
Since this groundbreaking law came into effective, there have been many more laws like it added in an effort to stay ahead of the security curve. The importance of strong, online encryption really cannot be understated and it was laws like these that jump started the movement. At KAASS Law, we believe your personal information is yours, only. If you have any doubts as to whether or not your personal data was breached, or if you have any questions about what can be done about it, then we encourage you to give us a toll free call at {meta.phoneFormatted} to speak to our California privacy attorneys today. We can walk you through your options and we will always stand by our clients and their security. - Read More
Service Agreements: How These Can Get the Job Done
Service agreements are legal documents between a service provider and a client, in which the service provider agrees to perform certain services for a client. These services can range from small, individual services like babysitting or dog walking, to much larger scale, more professional services such as accounting or consulting. Regardless of the scale or difficulty of the service that is to be provided, the service agreement acts as a clear outline for the expectations and agreements between provider and client. They are generally most often used by independent contractors, freelancers, and consultants, and, as previously mentioned, they typically involve one party agreeing to pay the other party a set amount of money for a specific service.
Service Agreements Should Be in Writing
While it can be extremely tempting to simply operate by word of mouth or by the honor system, it's inadvisable to do so. In fact, it's always a great idea to establish your understanding with the other party in writing. While this is more formal, it also ensures that both parties are very explicit and clear about what is expected from the other and, most importantly, it establishes a clear paper trail indicating the assent of both party to those established terms. So while the temptation to simply operate on a handshake or verbal agreement can be very great, especially when working with a small business or a family-owned company, it's always best to take the time to draft up an agreement in writing. This simply solidifies the responsibilities of both sides and ensures that the service will be performed at a fair price.
Important Details which Can Be Included in Service Agreements
Simply having an agreement in writing is meaningless if the agreement does not touch on the most important aspects of the business transaction in question. Therefore, it is crucial to hammer out and clearly state the important details of the service, such as:
- Pricing information
- How the client is expected to pay
- When payment is due
- Dates of service
- Dispute resolution protocol
- Any additional details that may apply, like interest
In general, the more specific and detailed your agreement is, the better for both parties. Specificity brings with it more clarity regarding the transaction and the expectations involved on both sides. Be sure to include details surrounding the hows, whats, and when of the service and payment. Stating all of these details in the agreement is essential in case anything goes wrong as that will give you more leverage and assurance.
You Also Don't Have to Go Through it Alone
At KAASS Law, we understand the importance of a clear and simple agreement. We work closely with many clients who need service agreements due to the nature of their freelance work. If you are considering drafting a service agreement for your business or to have a service provider be held accountable for their work, we invite you to give us a toll free call at {meta.phoneFormatted} to speak to our experienced contract lawyers today. We always stand by our clients so even in the unlikely event that your service provider or client breaches your agreement, we will work closely with you to explore your legal options. Our goal is to ensure our clients get paid their fair share of compensation for their work and nothing less. Get in touch with us to see what solutions we can provide you.
KAASS Law, 815 E Colorado St #220, Glendale, CA 91205, {meta.phoneFormatted}
KAASS Law is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS Law expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS Law does not represent you unless you have expressly retained KAASS Law in person at the KAASS Law office.
KAASS Law helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
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California Penal Code 459 PC Burglary
According to California Penal Code Section 459, burglary is the act of entering into a residential or commercial structure with the intent to commit either a theft crime or felony. To be convicted of burglary the prosecution must prove the following elements:- Defendant entered a building, room, locked vehicle or structure. For being convicted in a burglary a person doesn't not require to "break into" a property, it is enough to enter a structure through an unlocked or open door or a window;
- Defendant intended to commit a theft crime or felony at the time of entering the building, room, vehicle or structure;
- Defendant stole or had an intent to steal a property, which value was more than nine hundred fifty dollars.
California First Degree Burglary Charges
California first-degree burglary is burglary of a residence. A "residence" can be any of the following: inhabited house, a room within an inhabited house, inhabited floating home, inhabited hotel or motel room, inhabited trailer coach, inhabited floating home. Residence will still be considered inhabited even if the occupants left it because of a natural disaster or other type of disaster.California Second Degree Commercial Burglary
California second-degree burglary occurs when if the burglary involved a commercial break in and other type of structure including stores and businesses.Defenses for Penal Code 459 Burglary
Lack of Intent is a legal defense to Penal Code 459 Burglary If the defendant did not have intent to commit a theft or a felony at the time of entering the structure, he can't be found guilty of burglary. Factual innocence is also a legal defense to California burglary charge and occurs when an innocent defendant is accused for a charge which may include the following:- False accusation
- Mistaken identity
- Deceptive evidence
Penalties for California First-Degree Burglary Conviction
In California, first-degree burglary or residential burglary is always considered a felony. The punishment for first-degree burglary can include:- Two, four or six years in California State Prison
- Felony Probation and/or
- A fine up to $10,000 dollars
Penalties for California Second-Degree Felony Burglary Conviction
Under Penal Code Section 459 second-degree or commercial burglary is considered a wobbler. Conviction for commercial burglary carries a less harsh penalty than a conviction for first degree burglary. Depending on specific circumstances and the defendant's criminal history this type of burglary can be charged as either a felony or a misdemeanor. Penalties for second-degree felony burglary are:- Felony probation;
- 16 months, two or three years in county jail; and/or
- A fine up to $10,000 dollars
Get Help Defending California Burglary Charges from an Experienced Lawyer
Hire the most dedicated Glendale criminal defense lawyer to the legal services you require! Our attorneys at KAASS Law are highly dedicated to help our clients in every way possible. You can rely on our experienced lawyers in Glendale, Los Angeles, California, to carefully analyze the facts of your case to prove the facts necessary. We back all of our clients and we invite you to give us a toll free call at {meta.phoneFormatted} to speak to our experienced Glendale criminal battery attorney today. Get in touch with us at KAASS Law, 815 E Colorado St #220, Glendale, CA 91205, {meta.phoneFormatted} at any time!