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California Penal Code 647(f): Public Intoxication
California Penal Code 647(f): Public Intoxication
Penal Code 647(f) is California's public intoxication law. It defines and outlines the criteria by which a person may be found guilty of being intoxicated in a public place and it also sets the penalties for committing such a crime. Though this law may sound relatively straightforward on paper, it's actually a very nuanced and heavily layered one that requires a lot of proof in order to charge someone with it. And since it's very likely that you, or someone you know, partakes in drinking it's especially important to understand the scope of this law so that you know your rights. Okay, So How Drunk is Drunk? Glad you asked! This law is very clear as to how intoxicated a person needs to be in order to get charged with a Penal Code 647(f) violation - simply being tipsy, or even wasted, in a public place is not enough to warrant being charged. You would need to be so intoxicated that:- You cannot care for your own safety or the safety of other people around you and/or
- You are an obstacle, or otherwise prevent or impede people from freely using streets, pathways, or other public roads.
Drunk in Public Charges
Words carry lots of weight in the legal realm because what is meant and conveyed in the law can be used to argue in favor of, or against someone in a case. As it pertains to public intoxication or "drunk in public" charges, wording is very relevant. This is because the formal legal definition of being "drunk in public" bears with it three very key elements that must hold true in order for the charge to be justified. This means that the prosecutor has to show these elements are true in court for a defendant to get convicted of violating Penal Code 647(f). The elements are:- You were willfully under the influence of alcohol, drugs, and/or some controlled substance,
- You were located in a public place while you were under the influence, and
- You were either:
- Incapable of taking care of yourself or caring for the safety of others, and/or
- Interfered, blocked, or made it difficult for people to freely make use of public ways, roads, streets, or sidewalks.
Penal Code 647(f)
Therefore, simply being really drunk, even drunk enough to blackout or pass out, does not automatically make you guilty of violating Penal Code 647(f). So, while on the surface it may seem easy enough to denote a law for public intoxication, it actually becomes a very technical and specific process. We can use those technicalities to our advantage.It's a Free Country...Mostly
Willingly Under the Influence
First off, let's zero in on that first element of the definition we mentioned above. To be willingly under the influence means that you got intoxicated of your own free will. Therefore, the prosecutor would have to establish that you intentionally got drunk or intoxicated and that it was something you did by your own deliberate choice. So, let's say you were drugged or someone slipped something in your drink. In that scenario, you could not be found guilty of violating Penal Code 647(f). Similarly, let's say you thought you were enjoying a non-alcoholic beverage, but someone changed your drink and gave you something else...in that situation you would still not be guilty because you did not get intoxicated willingly. All Publicity is Good Publicity...right? Now about that second crucial element in the definition - "public". As far as California law is concerned, a public place is anywhere outside of a private residence where people are free to walk. Some obvious examples that fit the definition would be places like a shopping center, a bar, a restaurant, a movie theater, a street, and a park or a beach. There are some less obvious places that this definition also covers, such as shared, communal hallways or lounges in apartment complexes, the front yard, front porch and driveway of someone's home, and a parked car on a public road. Similarly, a hotel hallway is a public place, but the actual hotel room is not.What is Considered a "Public Place" for Purposes of Public Intoxication Charges in California?
It is important to know that a place can be considered ‘public' even if there aren't any other people actually present at that location: what matters is that it is accessible to the public, not that anyone is there or likely to be there. On the other hand, some examples of private areas would be places like private homes, apartments or residences, and garages, sheds, guest houses, or backyards. Finally, it's imperative to keep in mind that you cannot be found guilty of being intoxicated in public if you got drunk or inebriated in a private place, but then were forced out to a public place. There have been instances where people (sometimes even law enforcement!) force intoxicated people to go with them to a public place and then arrest or accuse them of being drunk in public. That's why it is so important to always know your rights. Safety First! The whole third premise of this penal code rests upon safety, specifically denoting when someone poses a threat to safety. The law specifies that a person who is so intoxicated that they are unable to care for themselves or for those around them are considered drunk enough that they pose a risk to the wellbeing of themselves and to those around them. To illustrate this, picture two different people, Leo and Kevin, both of whom are outside of an LA bar at 2 in the morning.Examples of California Public Intoxication Charges
Leo is trying to call for an Uber when a cop comes up to him and questions him. Leo is able to answer the cop's questions, and while the cop can both see and smell that Leo is definitely drunk, he can also tell that Leo is coherent enough to get himself into a cab. Therefore, Leo doesn't pose a threat to himself or to anyone else outside that bar. However as the cop begins to leave, he notices Kevin, who is also trying to find his Uber. The difference is that Kevin has wandered onto the middle of the road to see if any of the cars are his cab and as a result the drivers are forced to slam their brakes to avoid running into Kevin. He is clearly incoherent and he trips and falls right in the middle of the street. Given that situation, it's clear that both Leo and Kevin are drunk, but what matters is that Leo's actions aren't threatening his safety or the safety of others, whereas Kevin's drunken shenanigans are endangering his life as well as the safety of others around him. Thus, Leo would not be charged with violating Penal Code 647(f), but Kevin very well may be. The cop could notice that Kevin's level of drunkenness is so extreme that it actually does pose a safety hazard and so Kevin can be found guilty of a Los Angeles public intoxication charge. And While You're at it...Try Not to Get in the Way Either The second half of that last component deals with obstructions of public places. Going back to our previous example, Leo gets in his cab and heads home, whereas Kevin stumbles and falls in the middle of the street. Let's say he manages to drag himself back onto the sidewalk, where he passes out from being so drunk. In this situation, people who are walking on that sidewalk may be forced to step onto him, step over him, or otherwise go off the sidewalk to walk around him. Therefore, Kevin is blocking the free passage of people in a public space and that is also grounds for a potential public intoxication arrest.Penalties of Penal Code 647(f) Conviction
The penalties of penal code 657(f) are more than just a bad hangover. If convicted of a Penal Code 647(f), the penalties include the following:- Serving up to 6 months in county jail,
- Getting fined no more than a maximum amount of $1,000, and/or
- Summary probation.
More Than Three Public Intoxication Charges in One Year Period
However, if you get a "public intoxication" conviction three or more times within a 1 year period, then you will have a minimum sentence of 90 days in county jail. The court can reduce that sentence down to a 60 day period, provided that you spend those 60 days in an alcohol recovery program and treatment center. Sometimes a Good Legal Defense...is a Great Offense A seasoned Glendale criminal defense attorney will explore several methods of protecting you by incorporating the details of your case as well as the circumstances leading up to the alleged public intoxication charges. The following are some examples of defenses that your lawyer may use to fight the accusations:- The location in question was not ‘public'
- If you were arrested in any type of private residence, then there cannot be any ‘public' intoxication charges, no matter how drunk you were. Because there are some technicalities to what California law defines as public, sometimes officers might think that you're in a public space, when really you are not (such as being in a backyard instead of a front yard).
- Inconclusive or not enough evidence of intoxication
- For you to get convicted of a Penal Code 647(f) charge, the prosecutor would need to show beyond any reasonable level of doubt that you got willingly intoxicated in a public place and engaged in the kind of behavior that satisfies the legal definition of public intoxication. You'd be surprised just how often all of those pieces of evidence are just simply not available or otherwise are too flimsy to stand in court.
- Not enough probable cause
- It can be pretty common in these types of public intoxication cases for the police to violate someone's rights while they're ‘investigating' the situation. If they...
- detain you without personally having born witness to you violating a law,
- Carry out an illegal search and violate California's search and seizure laws, or
- Make up, or produce false evidence against you,
- ...then your defense attorney can put out a California motion to suppress evidence, potentially getting the entire case dismissed outright. Always bear in mind that the US Constitution protects you from illegal searches, seizures or actions from the police.
- It can be pretty common in these types of public intoxication cases for the police to violate someone's rights while they're ‘investigating' the situation. If they...
- Diversion or Deferred Entry of Judgement
- Even in the event that you are obviously guilty of violating Penal Code 647(f), if your arrest resulted from behavior that stemmed from the use of controlled substances or drugs, or even a combination of those and alcohol, then an adept California defense attorney will still be able to negotiate a deferred entry of judgement (DEJ) or pretrial diversion deal with the prosecutor and the judge. In this scenario, you agree to attend and successfully complete a state-approved drug treatment program. Upon meeting those conditions, the charges against you will be dismissed and you will not have the violation listed on your criminal record.
Call Us. Our Criminal Lawyers Can Help with Your Penal Code 647(f) Charges
If you or a loved one has been accused of violating Penal Code 647(f), don't hesitate to give us a toll free call at {meta.phoneFormatted} to speak with our experienced California defense attorneys today. Our lawyers in Glendale, Los Angeles, California, are dedicating to providing all of our clients with the highest quality legal services possible.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. Get Directions on Google Maps - Read More
Trademark Office Action Letters from USPTO
USPTO Trademark Application: Trademark Office Actions
So, you successfully submitted your trademark application and you're so excited to hear that your trademark is now officially registered!U.S Patent and Trademark Office Action: Trademarked!...Almost
Except, instead of that notice, you get another letter from the U.S. Patent and Trademark Office called an ‘Office Action'. The letter seems confused and complicated and at this point you're not even sure if your trademark was outright denied or put on hold. You begin to wonder if this was all a huge mistake.Protect Your Brand, Idea, or Design
Well, we're here to clear up some of the confusion for you. First of all, it's not a huge mistake. Taking the steps to protect your brand, idea, or design is a huge one and submitting the application for it is no small feat! The truth is, it's actually quite common for trademark applications to not get accepted immediately. Importantly, this does not mean that your application has been denied. It just means that the USPTO needs some more information before granting you your trademark. After you submit your application, an examining attorney at USPTO will review it and they will determine if there are any problems with your application. If there are any, you will receive an ‘Office action' letter, detailing what went wrong.The Kinds of Office Actions by USPTO
There are really only two kinds of trademark Office actions that we need to know about: non-final and final. If the issue is detected for the first time, the USPTO will issue a non-final Office action. In that letter, they explain what problems persist with your application and they give you, the applicant, a chance to address and fix those problems. If, on the other hand, you have failed to address the issues that the USPTO raised in a previous Office action letter, then they will send out a final Office action letter to you. The crucial difference is that you have more limited rights to respond to final Office actions. Thus, it's important to take action earlier on.Reasons You May Have Received an "Office Action" During Trademark Process
There are plenty of reason you may have received an Office action during the trademark process, including:- The USPTO think there's a large chance of confusion between your mark and another trademark that is already registered. For their purposes, a ‘likelihood of confusion' means that two looks are too similar to one another, especially if they are used in the same industry or class of goods and services. Basically, the USPTO won't allow trademark registrations for a new mark if it is confusingly similar to one that already exists.
- There are some technical errors or inconsistencies in your trademark application. For instance, you may not have submitted all the necessary proof or measurements for your mark.
- You may also be attempting to register something that just can't be trademarked, like a geographic name.
Responding to Office Action Letter by USPTO
When you do respond to an Office action letter, it's of utmost importance that your response is well-thought out and that it actually addresses each and every single concern that the examining attorney has with your application. If you only address and respond to one of the issues that they raised but completely ignore or fail to respond to the rest, then you'll probably receive a final Office action surrounding the rest of the issues. You should know that you can contact the examining attorney to ask for clarification on any of the issues they have raised, but they are not your lawyer and they will not help you create a response to those problems. Lastly, in the event that you do receive a final Office action, then the only way to appropriately respond is to address its concerns or to file an appeal with the Trademark Trial and Appeal Board.You Don't Have to Go Through it Alone
While it can be incredibly demoralizing to receive an Office action letter instead of a notice that your trademark application was approved, you should not despair or lose hope. An Office action letter, does not mean that your trademark cannot ever be registered, just that there are some problems that need to be dealt with first. At KAASS Law, we work tirelessly with our clients to ensure that they send out the best possible application for their trademarks and patents, because we value the incredible originality and innovation in our clients' work. By working with us, you already greatly reduce the chance that you will ever receive an Office action letter. But even if you do, we have your back. We will help you to break down the letter to make sure you understand what is being asked of you, and to respond effectively, ensuring that each of the points in the letter are appropriately addressed. If you or a loved one have received an Office action letter, or are considering submitting a trademark or patent application, we invite you to give us a toll free call at {meta.phoneFormatted} to speak to our experienced Patent and Trademark lawyers today. KAASS Law, 815 E Colorado St #220, Glendale, CA 91205, {meta.phoneFormatted} - Read More
Making an LLC: Articles of Organization and Operating Agreements
Articles of Organization and Operating Agreement
In the previous article, we went over what a limited liability company, or LLC, is and why you may want one. It offers various lucrative advantages to its member-owners and it comes with relatively few strings attached. Such an idyllic scenario is very rare to stumble upon in the corporate realm, which is why many businesses aim to achieve LLC status. However, to establish an LLC there are some key requirements you must complete in order for the state of California to grant recognition of your company as an LLC. Firstly, you'll need to select a business name, then you'll have to file the necessary documentation to the state of California, and you will have to come to an agreement with the other members of the LLC as to how everything will be run. Let's start with that first part.Pick a name, any name! Well, almost.
To start, you'll want to decide upon a name for your LLC. But the trick is that you're not the one that's going to do the final deciding. That's reserved for the state to decide and grant. As a general rule, you'll want to ensure that the name you've settled on is:- Original, meaning that it isn't registered to another LLC in your state,
- Transparent, meaning that it clearly lets the reader know that the company is an LLC; this is typically done by adding "LLC" to the end of the name,
- Uncontroversial, meaning that it does not contain any words that are prohibited by state or federal law.
An Organized LLC is...a Required One
This second step is arguably the most important one on the list. You will have to create and file Articles of Organization. These are important documents which outline and affirm the initial statements required of you to form an LLC. The Articles of Organization will be filed to the state secretary's office and, once approved, they establish the LLC as a registered business entity within the state.Drafting Articles of Organization for LLC in California
The information that is required typically includes the name of the LLC, its registered address, the names of the owners and their roles, as well as a few more key points of information about the LLC. These documents are used by the state government to keep track of which LLCs are claimed and who their registered agents are. Registered agents must be designated in order for your LLC to get formed because that person will have legal authority to respond to any legal documents that your LLC may receive.LLC Operating Agreements: The Rules of Operation
Lastly, you'll want to draft up an Operating Agreement. This is an extremely important part of the LLC creation process because it plainly establishes the business' financial and operational decisions, the processes for arriving at those decisions, the protocols and chain of command, as well as many other rules, regulations, or provisions. The main reason you'd want to spend quite a bit of time working on the specifics of an Operating Agreement is that it outlines and governs the internal operations of your business in such a way that is most suitable to the specific needs of the business owners. Therefore, by investing time in writing it out now, you will save a lot of frustration, confusion, and time later down the line.Is an LLC Operating Agreement Considered as a Contract?
Do note that once signed by the member-owners of the LLC, the Operating Agreement acts as an official contract which binds them to its terms and conditions. The legal significance of this document is yet another reason to spend time on it–should any legal disputes or issues arise between the owners of the LLC, the operating agreement is one of the first things the courts will point to. As such, you'll generally want your operating agreement to mention:- The members' business interests and ventures in the LLC,
- The rights, privileges and responsibilities of the members,
- Rules regarding the voting power of the members in executive decisions,
- Guidelines detailing how the business profits are to be split and shared,
- Procedures and protocol that establish how the LLC will be managed,
- Rules specifying when meetings occur and how votes will be taken,
- Provisions and protocol for outlining what will occur when a member chooses to get out of the LLC, either by selling their share, or by death or disability.
Legal Help Creating an LLC
There are many points to make sure you get down in just right way while filing the documents for forming your LLC. In particular, the Articles of Organization and the Operating Agreement are so crucial to get right that the future of your business depends on it. That's a very tall order to ask of anyone to complete on their own. That's where we come in; you do not have to go through that process alone. We can help you with the filing of these documents so that you can focus more on your business and worry less about the details. Give our office a call today at {meta.phoneFormatted} to speak to our experienced California business lawyers. We will make the process as smooth as can be. KAASS Law is authorized to practice law in California. Our lawyers in Glendale, Los Angeles County, California specialize in offering services for multiple practice areas. 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. Get Directions on Google Maps - Read More
Health and Safety Code § 11358: Growing Marijuana
Health and Safety Code 11358 Growing Marijuana
Under California Health and Safety Code 11358, individuals who are 21 and older can not only use marijuana recreationally, but they can also legally cultivate and grow their own marijuana plants. These new freedoms come with restrictions and regulations built into the very laws that grant their legal status, effectively limiting the amount of marijuana that one can legally own or cultivate for personal use. These limitations are designed to prevent excessive amounts from being created and distributed. Understanding these complex laws is a feat in itself, but being aware of them is important to all consumers of marijuana. In what follows, we break these laws down for you as simply as we can.
Health and Safety Code 11358: Cultivates, Plants, Harvests, and Processes Cannabis Plants
Health and Safety Code 11358 in relevant part, "...Each person who plants, cultivates, harvests, dries, or processes cannabis plants, or any part thereof, except as otherwise provided by law..."
When is it Legal to Grow Marijuana in California?
It is legal to grow marijuana in California under H&S 11358, for person's over the age of 21 can grow up to 6 mature marijuana plants for their own personal use and cultivation. There are some strings attached, though. You will have to follow any additional local laws and ordinances that further regulate the cultivation of marijuana plants.
Can You Grow Marijuana Outdoors in California?
Can you grow marijuana outdoors in California is a frequently asked question. In California you cannot grow marijuana outdoors, nor can it be plainly visible to the naked eye from a public place. In other words, you can't realistically grow pot in your backyard, because if your neighbors can see it with their unaided vision, then it's still technically illegal. Due to these restrictions, you will typically want to cultivate your marijuana indoors and somewhere that is not easily visible from the outside. Furthermore, if there is more than one person living in that residence, you are still limited to no more than 6 marijuana plants. In other words, you and your spouse cannot grow twelve plants together, because the 6 plant limit applies per residence, not per person.
What Does Cultivating Mean?
You'll have noticed pretty quickly that all of these official legal definitions and restrictions utilize the word ‘cultivate' when referring to growing of marijuana plants. This is because it gives a sense of consistency to the semantics that are at play in the law. However, the word ‘cultivate' in these legal contexts is a bit more encompassing than you might usually expect. Here, to cultivate can mean any or all of the following:
- To plant,
- To harvest,
- To nurture,
- To grow,
- To dry,
- To water,
- To process,
- To care for,
- Or to cultivate any marijuana plant or any of its parts therein.
As you can see, the definition of ‘cultivate' is heavily expanded in these contexts for simplicity's sake and for the sake of being able to capture more meaning into the word itself. These additional meanings of ‘cultivate' are significant because the wording of the law is key to understanding what you may be accused of or charged with. Because of the expanded meaning, you do not even have to be physically present to ‘cultivate' marijuana - even just being indirectly involved with its process is sufficient to be accused. This means that if you were to help your friend remove the leaves, you'd still be ‘cultivating' marijuana.
"But, it's Medicinal", You Say!
This is where things get a bit more murky. Cultivating marijuana for medicinal use is different than for personal use. Even the laws used to denote them are distinct. The one that matters most here is California's "Compassionate Use Act of 1996", which came into law through Proposition 215; its provisions are further outlined in California Health and Safety Code 11362.5 and other subsequent sections. In a nutshell, the Compassionate Use Act gives exemptions to the following groups from the usual California laws that govern and regulate the possession and cultivation of marijuana:
- People who need to use marijuana for treatment of a serious medical condition, as prescribed by a doctor,
- The primary caregivers to those people, and
- Dispensaries, or, more formally, medicinal marijuana collectives.
How Many Cannabis Plants Can a Medicinal Marijuana Patients Grow in California?
Medicinal marijuana patients and their primary caregivers can grow or cultivate 6 mature marijuana plants, 12 immature marijuana plants, or, with a doctor's recommendation, an even greater number of plants, relative to the patients' needs for treatment.
Violations of Marijuana Health and Safety Code 11358
Now that marijuana legalization in California has kicked in, most violations of Health and Safety Code 11358 will be considered misdemeanors. The punishments for breaking this statute may include:
- Serving a maximum of 6 months in county jail, and/or
- Being fined no more than $500.
You should, however, keep in mind that violating HS 11358 does have more severe consequences if:
- You have been convicted of any violent felonies or crimes in the past,
- You are a registered sex offender,
- You have 2 or more previous convictions for cultivating or growing more than the legal limit of 6 marijuana plants, and/or
- You violated other California environmental laws or ordinances while cultivating marijuana.
In these situation, you would instead be convicted of a felony and you could be sentenced up to 3 years in county jail and be fined a maximum fine of $10,000.
One Other Way to Patch Things Up: California Penal Code 1000 - Pretrial Diversion
Provided that your arrest was solely for cultivating excessive amounts of marijuana for personal use, you are a non-violent first or second time offender, and/or you are a minor, you can qualify for deferred entry of judgement or a pretrial diversion (enter links to article here). In this case, you will have your sentencing put on hold while you participate and complete a state-approved drug counseling or treatment course. This procedure is due to California Penal Code 1000 and upon successfully completing it, the charges will be dismissed. Crucially, this means that the arrest and the charges will not exist on your record for most purposes, like applying for a job, school, housing, and other applications.
However, it does require that you plead guilty first and foremost, as well as meeting the eligibility requirements. Only then will the court consider and accept your case for pretrial diversion. Whether or not your case may qualify for pretrial diversion is something your lawyer will discuss with you.
Re-sentencing of California Marijuana Cases Through Prop 64
Proposition 64, now that it is fully in effect, has greatly changed the way that California handles marijuana cases as they pertain to use, possession, and cultivation. As a result of this, the law does work retroactively. In other words, if you were convicted of marijuana cultivation prior to the passing of Prop 64, you may now not be found guilty of convicting a crime at all. In fact, even if you had grown more than the legal limit of 6 marijuana plants, you would still have a reduced punishment since you would have been guilty of a misdemeanor, not a felony.
Prop 64, through Health and Safety Code 11361.8 permits those who were convicted under the old version of HS 11358 to appeal for redesignation or resentencing of their violation. For the most part, the court will grant the resentencing without much thought, unless they feel that you would pose some serious risk to public safety. Based on how much of your sentence has already been served, you might even be subject to immediate release. This also holds true for those that were convicted of a marijuana cultivation or use felony under older laws; you can apply to have your crime redesignated from a felony to a misdemeanor, or possibly even get it expunged entirely if you would not been found guilty of any crime under these new laws.
A Good Defense Doesn't Have to Be Hard to Come By
A skilled criminal defense lawyer will get the details of your case and use them to shield you. The following are just some of the possible defenses that may be used in your situation:
- The marijuana was not yours.
- If the prosecutor cannot definitively prove the marijuana belonged to you, then you are not guilty of committing a crime. For example, let's say the marijuana was found in a communal space that is shared amongst different residents, such as a garden or backyard. If there is no other proof that you were the one to specifically plant or cultivate the marijuana then you are not guilty.
- You were not aware there was marijuana.
- Let's say you go on vacation and come back to find some marijuana plants growing on your property. The prosecutor must still be able to show at the very least that you knew there was marijuana being grown on your property and that you chose not to do anything about it.
- You did not recognize that it was marijuana.
- If the prosecutor cannot demonstrate that you know what marijuana plants look like, then you cannot be found guilty of violating the law. For example, if your roommate plants a bunch of marijuana plants at your residence, then you wouldn't be found guilty of breaking the law if you didn't even know that they were marijuana plants in the first place.
- You are a medical marijuana patient whose needs are higher than the limits set out in Prop 64 and the Compassionate Use Act.
- This would be an affirmative defense to an accusation that you have cultivated more than the legal limit of marijuana. The burden is still on you to show that:
- You have a serious medical condition as defined by the Compassionate Use Act
- You have gotten a recommendation or approval from a physician to use marijuana in your treatment of the ailment and that
- You need more than the current legal limits on marijuana cultivation can provide.
- This would be an affirmative defense to an accusation that you have cultivated more than the legal limit of marijuana. The burden is still on you to show that:
- The marijuana was found illegally.
- This is where your Fourth Amendment Right kicks in to protect you from unreasonable searches and seizures of your private property. If a law enforcement officer did not have a valid warrant to search through your property, nor sufficient cause to do so, then any evidence obtained from such unsanctioned searches and seizures cannot be used in a court of law.
Los Angeles Marijuana Lawyer: California Health and Safety Code 11358
f you or a loved one has been accused of violating California Health and Safety Code 11358, or any marijuana law, we invite you to give us a call at {meta.phoneFormatted} to speak to a skilled Los Angeles marijuana defense attorney with confidentiality today.
KAASS Law
Location: 815 E Colorado St #220, Glendale, CA 91205
Telephone: (310) 933-5171
Email: [email protected]
Our lawyers in Glendale, Los Angeles, CA at KAASS Law are 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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H&S Code § 11357 Possession of Less Than One Ounce of Marijuana
Beginning January 2018, recreational use of marijuana became legal in California, allowing persons 21 years and older to possess up to one ounce, or 28.5 grams of marijuana. The law was a direct result of Proposition 64 the Adult Use of Marijuana Act, which was approved in November of 2017. This new law does not change any statues or regulations pertaining to medicinal marijuana use, nor does it completely legalize marijuana use in every situation. As all laws, there are some strings attached that you should be aware of as a consumer.Limitations of Marijuana Possession in California
The legalization of marijuana in California does not extend indefinitely, and you can still get incriminated for surpassing its limits. According to California Health and Safety Code § 11357, those limits are as follows: HS 11357 Possession Offense Type of Offense Penalty Incurred Possession of marijuana and/or concentrated cannabis by individuals under the age of 21 Infraction Drug counseling and community service hours for minors and a fine of $100 for those 18 and older Owning more than 28.5 grams of marijuana and/or more than 8 grams of concentrated cannabis for minors (under 18 years of age) Infraction Drug counseling and community service hours Having marijuana and/or concentrated cannabis in a K-12 institution while a minor (under 18 years of age) Infraction Drug counseling and community service hours Owning more than 28.5 grams of marijuana and/or more than 8 grams of concentrated cannabis (18 years of age and up) Misdemeanor A maximum sentence of 6 months in county jail as well as a $500 fee Having marijuana and/or concentrated cannabis in a K-12 institution (18 years of age and up) Misdemeanor Up to a $250 fee for the first offense, with subsequent offenses incurring additional penaltiesPossession of Marijuana Health and Safety Code 11357
Possession of more than 28.5 grams of marijuana or more than 8 grams of concentrated cannabis (hashish) is still illegal under California's Health and Safety Code 11357. The above chart summarizes the consequences one may face for having excessive amounts of marijuana. Typically, for adults these consequences are deemed misdemeanors and will usually result in a fine of no more than $500 and/or 6 months in county jail, while for minors the crime is merely an infraction and the penalties are to attend drug counseling sessions and community service hours.Possession of Marijuana on School Grounds in California
Having marijuana on school grounds is also illegal: for adults it is a misdemeanor and for minors it is an infraction. The penalties for minors who commit this crime are identical to the penalties that a minor may face if they possess excessive amounts of marijuana. For adults, it will usually result in a $250 fee for the first offense. Bear in mind that possessing any amount of marijuana at all as a minor is still illegal even in California, and the consequences range from paying a fine to facing drug education or counseling programs and community service.How An Los Angeles Marijuana Defense Attorney Can Help
There are several legal defenses that a skilled Los Angeles marijuana defense attorney can provide in cases that involve charges of illegal marijuana possession in California. These defenses include: -You didn't own the marijuana in question- If you did not own the marijuana, then you are not guilty of a crime. This can apply if, for instance, the police accused you of having marijuana that did not belong to you. You can potentially argue that the marijuana belonged to a friend whose clothes or bag you were borrowing, or that someone slipped the drug into your belongings in order to evade their own sentencing.
- Likewise, if you were not aware of having any marijuana, then you have not violated the law. This is because mere possession of marijuana is not sufficient in and of itself to warrant a conviction. The prosecutor does need to demonstrate that you were aware of your dominion over the drug, otherwise you are entitled to an acquittal. Going along with the previous examples, if an acquaintance leaves their marijuana in your bag without your knowledge or understanding, then you are not guilty of violating the law.
- Many times, California drug crimes and accusations come out of illegally obtained evidence as a result of them coming from an unsanctioned search or seizure. There are laws in place to protect your belongings and private property and if the authorities do not expressly follow those laws, then any evidence they may discover is not valid in a court of law. Quite often, police violate California's search and seizure laws when they obtain evidence or drugs by performing a search without a valid California search warrant, when they issue a search or initiate a stop without proper motive or suspicion, or when they search somewhere that is beyond the scope of the warrant or suspected person. In such scenarios, an aware attorney can file a Penal Code 1538.5 PC motion to suppress illegally obtained evidence, which will likely result in a dismissal or significant reduction to the original charges.
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U.S Government Cannabinoids Patent No. 6630507
U.S Government Cannabinoids Patent No. 6630507
In 2003, patent No. 6630507 was granted to the Department of Health and Human Services. Cannabinoids have been found to have antioxidant properties. Patent No. 6630507 also references 12 other U.S. patents related to cannabis dating back to 1942. U.S. Patent No. 6630507 covers the potential use of non-psychoactive cannabinoids to protect the brain from damage or degeneration caused by certain diseases, such as cirrhosis.Marijuana Patents U.S. Patent No. 6,630,507
The U.S cannabinoids patent lists the use of certain cannabinoids found in cannabis sativa plants as useful in the treatment of certain neurodegenerative diseases such as Parkinson's, Alzheimer's, and HIV dementia. The cannabinoids are found to have particular application as neuroprotectants, which is any substance that helps to shield nerve cells from damage or death. As such, said cannabinoids aid in limiting neurological damage following ischemic insults, such as stroke and trauma, or in the treatment of neurodegenerative diseases Moreover, this newly discovered property makes cannabinoids useful in the treatment and prophylaxis of wide variety of oxidation associated diseases, such as age-related, ischemic, inflammatory, and autoimmune diseases. One particular disclosed class of cannabinoids useful as neuroprotective antioxidants is formula (I) wherein the R group is independently selected from the group consisting of H, CH3, and COCH3.First U.S. Marijuana Strain Patent Granted: Patent No. 9,095,554
Recently, legal-marijuana pioneers have experienced a rising concern in retaining a marijuana intellectual property lawyer in order to protect their creations from imitators, as well as from multinational corporations in the agriculture, tobacco and pharmaceutical industries that appear to be keeping a close eye on the fast-growing marijuana industry from the sidelines. For instance, in 2013 the first marijuana strain patent containing significant amounts of THC ever granted, patent No. 9,095,554. Accordingly, the patent provides compositions and methods for the breeding, production, processing and use of specialty cannabis.Los Angeles Recreational Marijuana Business Lawyers
If you have questions regarding marijuana laws or or are seeking to start a recreational marijuana business in California, we invite you to call our office for a consultation with a Los Angeles recreational marijuana business lawyer today. - Read More
What Are Common Personal Injury Cases?
What Are Common Personal Injury Cases?
Some common personal injury cases include:- Auto Accidents
- Left Turn Accidents
- Left Turn Motorcycle Accidents
- Medical Negligence Claims
- Tripping Accidents
- Slip and Fall Accidents
- Products Liability: Defective Motorcycle Gear
- Wrongful Death
- Injury Due to Government Negligence
What Damages Are Recoverable in California Personal Injury Cases?
There are two types of damages that are recoverable in California personal injury cases, which include special damages and general damages. Special damages are those damages that are financial in nature, such as hospital and medical bills or lost wages. On the other hand, general damages are those that are non-financial losses, including pain and suffering, loss of consortium, and emotional distress.What is Loss of Consortium?
Loss of consortium is a claim for damages suffered by the spouse or children of a person who has been injured or killed as a result of the defendant's negligent or wrongful acts. Generally, claims for loss of consortium are not awarded unless the person injured dies or suffers a severe and enduring injury. The suing party must show that the injured or deceased family member cannot provide his or her spouse or family member with the same love, affection, companionship, comfort, society, or sexual relations that were provided before the accident.What is a Statute of Limitations?
Statute of limitations is the period of time you have to file a claim or suit. Personal injury cases have a statute of limitations varies depending on the type of case, but generally, the time limit usually starts on the day the accident or injury occurred and can last anywhere from 1 to 2 years. However, in claims involving government tort or injury involving government entity, such as an car accident with a government city vehicle, requires the injured party to first file a claim with the appropriate governmental agency within 6 months from the date of the accident. Finally, depending on the outcome of the claim, the injured party will then have either 6 months or two years to file suit. If you fail to follow the guidelines for the statute of limitations, you may lose your right to file a claim. Thus, it is vital you speak to a Los Angeles personal injury lawyer immediately to preserve your claim! Our lawyers in Glendale, Los Angeles, California, will be happy to help you through every step of your personal injury case. Our personal injury attorneys specialize in various personal injury matters including complex personal injury cases, government torts specifically related to auto accidents, motorcycle accidents, left turn motorcycle accidents, truck accident, multi-car accidents, which involve a government vehicle such as Metro Bus, fire truck, U.S Postal Service, and Water & Power Truck. If you have been involved in an accident involving an Government vehicle, give our office a call at {meta.phoneFormatted} for a consultation. This content is intended for educational purposes only. 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, 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, North Hills, Porter Ranch, Chatsworth, Reseda, San Diego, La Jolla, El Cajon, Chula Visa, Del Mar - Read More
Licensing Agreements: Protecting Your Intellectual Property
Protect Your Intellectual Property: Licensing Agreements
Intellectual property (IP) has become a bit of a buzzword in the legal world. The thing is that even though most people have some idea about the concept of intellectual property, they may not fully understand what it exactly it includes. In its simplest form, intellectual property is basically anything that is not tangible property. In other words, while tangible property would be things like your car, house, or jewelry, intellectual property instead covers art, photos, videos, poetry, inventions, music, films, designs, software, logos, graphics, designs, brands, and secrets.Ownership Over Your Intellectual Property and Licensing Agreements
Naturally, establishing ownership over those types of intangible assets is just as important as having ownership over tangible ones, if not even more valuable. As an example, take into consideration the value of the Apple logo and branding, the copyrights and respective royalties of Game of Thrones, and the many patents that go into making a new product for consumer use. All of these instances involve invaluable intellectual property that must be protected to ensure profitability and ownership. In fact, intellectual property just gets more and more crucial to our economy, especially with the boom of mobile tech and software.Profiting from Intellectual Property
If you created and own intellectual property, you'll want to protect and profit from it. There are two primary ways of achieving that. One way is by making use of the intellectual property yourself; for example, you could manufacture a patented product or sell original copyrighted products you have ownership of. Alternatively, you can choose to license the intellectual property to another entity, effectively granting them the right to manufacture your patented product or make use of your copyrighted material in some way. That's exactly where licenses come into play. They are basically contracts which help you regulate, manage, protect, and profit from your intellectual property and creations.What Are Your Rights with Licenses?
A licensing agreement permits an intellectual property rights holder (AKA the licensor) to make profit from an invention, creation, or novel work by charging a user (AKA the licensee) for the product's use, distribution, or commercialization. Licenses also serve to protect proprietary rights in other related fields, like software development and other OS or virtual products. Importantly, you should know that you have the ability to use licenses to give someone permission to utilize your intellectual property in a certain way for a specific period of time for a particular price.What Are the Categories of Intellectual Property?
For the most part, all kinds of intellectual property that you will encounter fall nicely into one of the following four categories.- Copyrights–these protect original works of an author or creator in any tangibly expressed form
- Patents–these protect original inventions and designs
- Trademarks–these protect words, phrases, names, and symbols which identify brands, goods, companies, and their services
- Trade Secrets–these protect methods and systems, like sensitive data, software, formulae, recipes, techniques and processes and other key knowledge.
Ensuring Your Intellectual Property Is Yours
Since intellectual property law is one of the most complex areas of law, requiring tons of cross referencing with both state, federal and international law, it's in your best interest to ensure you have an intellectual property lawyer in place to safeguard your rights and creations. Outside of that, the US Patent and Trademark Office (USPTO) and the US Copyright Office also offer invaluable information about the intellectual property registration process. A few intellectual property safety measures, such as copyrights, happen automatically in certain scenarios but even those should get formally registered with the government. Several other protective measures, like patents and trademarks, are granted by the USPTO and for those the application process is even more convoluted. As for trade secrets, those often don't get "registered" formally at all, but they can still be subject to some protective measures in place through a variety of state and federal laws.Include These Things to Ensure You're Covered
Despite all those intricacies, licensing agreements do not always have to be so long and hard to understand. If you think about it, an effective agreement is one that is upfront and transparent because it is more likely to be agreed upon and respected by both parties, and, ultimately, it's more likely to be upheld and enforced by the courts. As such, there are certain terms, condition, and factors that you'll always want to address in the majority of licensing agreements surrounding intellectual property.The Scope of Licensing Agreements
The first major issue you'll want to address is the scope of the license. For example, do you want the licensee to have unlimited use of your intellectual property, or do you want the licensee to only use your intellectual property in specific ways for a limited period of time? In this sense, you can think of licensing as assigning limited use rights for property to the leaser. The rights that the agreement provides should be broad enough so the buyer is interested in their stake in the deal, but narrow enough that you do not relinquish permanent, uncontrollable power over your valuable creation or asset. Imagine that you created a great song track that a company wants to use in the intro and outro of their latest ad campaign. You'd want to draft up a licensing agreement that limits the edits that the company can make to your original track, sets a time limit for how long the track can be utilized by the company, and ensures that the company provides credit to you somewhere in the ad or the website so that viewers can be aware of your work and your name.License Agreements: Profits From Your Creation
Besides the scope, drafting up terms that describe and regulate the profits and revenue that your creation will generate is crucial. Some license agreements will simply work by having a one-time licensing fee, paid out in full. In this version of the deal, the licensor will immediately pay you some agreed upon amount and then they will be able to use your creation for a fixed period of time. Another way it could go down, is through recurring payments and profits such as royalties or monthly leases. In this scenario, the licensor has to pay you quarterly payments over over the course of the entire leasing period. It's up to you to think about which of those arrangements would work best for your given needs and situation.Other Important Terms You May Want to Specify
While the scope and revenue aspects are arguably the two most relevant parts of any licensing agreement, there is a plethora of other factors to consider mentioning as well. These can include:- The term of the agreement, specifying the length of time, usually given in years,
- The rights to modify your creation and to combine it with other products; or the prohibition of any modifications to your product,
- Any unacceptable uses of your creation,
- Whether or not the licensee can transfer or sublicense your intellectual property over the course of the agreement,
- Any warranties that you may offer with respect to the security or performance of your creation,
- Any limitations on your liability,
- Whether or not you are to provide support services after the agreement,
- Nondisclosure agreements to protect sensitive or secretive information and data,
- Infringement indemnity
- Enforcement of punishments in the case of loss or any remedy in such situations,
- Contract termination rights and protocol
Maintaining and Enforcing the Licensing Agreement
Problems can always emerge in the realm of intellectual property and even after a licensing agreement is signed, sometimes the licensor may use your creation in a way that violates the terms of your agreement. They can breach the contract if they fail to compensate you fairly as per the agreed upon terms in the licensing agreement, by sub-licensing your property elsewhere against your agreement, or by any number of other means that can violate your terms. In these scenarios, you have the right to file a lawsuit against the party that committed the breach of your agreement in an attempt to enforce your intellectual property rights. You can seek remedies through damages, losses, or other harm that you may have sustained as a result of the licensee breaking your agreement.The Significance of Having Strong Legal Counsel
As we have seen, intellectual property law is unfairly complex and tricky to navigate–especially on your own. This is because licensing agreements and intellectual property management requires specialized knowledge of state and federal laws pertaining to your rights as well as a strong awareness of business practices and judgements. To make sure you have the best experience with your new creation and to honor the integrity of your intellectual property, it is vital that you have access to skilled Glendale intellectual property lawyers in this particular field of law. We at KAASS Law believe in your ability to produce meaningful novel works of art and innovation and we fight to ensure our clients receive the correct treatment and compensation for their intellectual and artistic property. If you or a loved one need legal counseling or help surrounding an issue regarding intellectual property, licensing, trademarking, or copyrighting, then do not hesitate to contact us. We invite you give us a call at {meta.phoneFormatted} to speak to our Trademark and Patent lawyers today. 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. - Read More
California Vehicle Code 23222(b): Having Marijuana in Your Car
The gradual process of legalizing marijuana in California reached its climax in January of 2018, when marijuana became legalized. Once this new law came into effect, it changed the ways that some laws apply and affect cases surrounding the possession, utilization, and acquisition of marijuana. On the other hand, many procedures and statutes have not changed despite the legalization of marijuana. One such instance is the penalty one may accrue if they are caught with marijuana in their car while driving, which is detailed by the California Vehicle Code 23222(b) Driving In Possession of Marijuana.The Conditions of the California Vehicle Code 23222(b)
California Vehicle Code 23222(b) maintains that it is illegal to possess marijuana while conducting a vehicle. In order to be charged with this, a law enforcement agent must be able to prove that you were in illegal possession of marijuana while driving. Thus, there are three primary components at play in this code. The keywords here are illegal, possession and driving. If even one of those three things does not apply, then you cannot be charged with violating California Vehicle Code 23222(b). However, it should be noted that just because one of those three elements may not apply, does not mean that you cannot be charged with violating another statute or law. For instance, California Health and Safety Code 11357(b) may still apply to you. Also, if it is determined that you were driving under the influence of marijuana, you can also be charged with a DUI pursuant to California Vehicle Code Section 23152(a)(b).What Can A Glendale Marijuana Lawyer Do To Help?
An experienced Glendale marijuana lawyer will understand that there are several powerful avenues that may be explored in order to demonstrate your innocence before the law. Some of those possible options are:- Showing that the marijuana does not belong to you.
- Since being able to prove possession is one of the three key elements that a prosecutor will need to argue, by casting doubt as to the ownership of the marijuana in question, an attorney can potentially attack the prosecutor's claim by debunking it entirely.
- The discovery of the marijuana was illegal.
- There is a legal principle called "The Fruit of the Poisonous Tree" which posits that unlawfully obtained evidence is not eligible for use against someone in a court of law. For this reason, police officers must adhere to a strict set of rules regarding when they are able to stop and ask to search your property. Any violation of those rules is a violation of your constitutional rights, which your lawyer can use to get certain pieces of evidence thrown out altogether.
- You had authorization to carry the marijuana because of medical reasons.
- Marijuana that was prescribed to you for medical use by your physician is not subject to this statute because there is another underlying cause for you to have possessed the marijuana. For instance, you may have just picked up the marijuana from the pharmacy and may have been pulled over on your way home. In such a situation, you would have violated no law. However, if the marijuana was opened and if there was evidence found that you had used it while driving back home, then you may still be subject to a DUI pursuant to California Vehicle Code Section 23152(a)(b).
- Showing that the marijuana does not belong to you.
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Corporate Minutes Explained: California Corporate Code § 1500
California Corporate Code 1500: Corporate Minutes
When establishing a company, one of the first and most important decisions you will have to make is whether to form the company as a corporation, an LLC, or any of the other common forms of business organization. Each of them offer various advantages and drawbacks to their ownership and, as such, it is up to you to look into which one will most effectively fit the needs of your business. To help with that crucial decision, we have several articles which go over the different pros and cons of each method of business organization.Corporate Minutes Housekeeping Dos and Don'ts
Should you choose to go with making a corporation, you will then be faced with having to more rigorously document certain proceedings as a result of how California law interacts with corporations. Some view these more specific details as a nuisance that corporations simply must contend with. We, however, believe that many aspects of the extra bookkeeping that you must track and report are actually very strong indicators of the strength of corporations. By viewing these requirements from that perspective, we can greatly simplify and empower the role that the bookkeeping tasks serve.California Corporate Code 1500: Corporate Minutes
The whole reason that corporations have to deal with a detailed and pesky bookkeeping record is because California law requires it. According to California Corporation Code 1500, every corporation must maintain a detailed and accurate record of accounts and outlines of the time that the executives and owners spend on meetings. In fact, even shareholder, board, and committee meetings and decisions must be documented and housed in the executive headquarters. Further, all shareholder names, addresses, and amounts of shares owned must also be accounted for in the report. For smaller corporations, this is already a nightmare to contend with, but the larger your corporation grows, the more annoying and tedious this law becomes.Corporations: Acceptable Means of Bookkeeping
The other part of this dilemma to consider is how exactly all of that information is going to be stored. Clearly, the records must account for information that is not only sensitive but also deeply personal and intimate with respect to the company and its shareholders. All of those people are going to be relying on the corporation to ensure the safety of their credentials and information. To that end, there are a few methods of bookkeeping that are worth discussing. The law only goes so far as to specify that the records must be kept either in written form or in some other form that is capable of being converted into a clear, legible, tangible form, or any combination of the aforementioned. Therefore, you actually have some wiggle room here in terms of deciding how to store the necessary information. You can, of course, choose to go the traditional route of simply keeping all the information on hand in paper form. The upside is that you will always have the original paper copy of the records, but the obvious downside is that those records are susceptible to being permanently lost or damaged. The alternative would be to store those records digitally, by uploading them onto your corporation's secure server from the beginning by means of software. The pro in these situations is that you are unlikely to ever completely lose all of your important bookkeeping records, but the drawback is that now all of that sensitive information is potentially vulnerable to online attack. In these situations, cybersecurity becomes a major concern.Contact a California Corporate Lawyer
As we have seen there is no one method that manages to avoid all risk, and that's a large part of the reason why California Corporate Code 1500 can be such a hassle for corporations to deal with. However, we can help. Our firm has extensive experience with helping businesses through the issues that may arise from record keeping as per California Corporate Code 1500. We invite you to us a call at {meta.phoneFormatted} to speak with our California corporate lawyers today. Our lawyers in Glendale, Los Angeles, California, are dedicating to providing our clients with the highest quality services possible. 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. Get Directions on Google Maps