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Driving Under the Influence Vehicle Code 23152(a) VC
Driving Under the Influence Vehicle Code 23152(a) VC
Vehicle Code 23152(a) VC governs the crime of operating a motor vehicle "under the influence" of alcohol. In California motorists charged with driving under the influence can even be charged with a DUI, the blood alcohol concentration was below 0.08%. It should also be noted that if you have been charges with a DUI, there are two governmental bodies that are generally involved and require hearings; that is the DMV and the Courts. The DMV case is extremely time sensitive, and if not fixed immediately, will result in an automatic suspension of your driver's license. A Driving under the influence conviction generally can result in costly fines, required attendance at alcohol-education classes, suspension or revocation of your driver's license, probation, placing an ignition interlock device in your car, and even jail or prison time depending on the facts of the case.DUI Charges Drivers License Suspension
California DUI charges can result in driver's license suspensions, sometimes even on a first DUI. Our DUI attorneys in Glendale, CA have the ability to extend your driver's license privileges and aggressively fight the DMV case to protect your license. It is critical to act quickly so you do not miss the deadline to demand a DMV hearing. If the deadline is missed it is likely that the DMV will automatically suspend your license.First Time DUI Conviction in California
If convicted of a DUI in Court, while the driver would have full driving privileges, the DMV will require the installation of an ignition interlock device, which is the breathalyzer device for several month period. Typically, probation is for three years and is also known as "informal" or "summary probation" on a first time DUI offense. Summary probation means that it is "non-reporting probation".Immigration Consequences of a DUI Conviction
A criminal conviction in California, even for a first time DUI offense can have negative consequences on immigration status. For instance, a DUI offense can trigger deportation requirements and other immigration difficulties. Winning your case instead of being convicted can often mean staying in the United States instead of being deported. Therefore, hiring an experience Glendale DUI defense lawyer may mean the difference of keeping your immigration status or suffer adverse consequences. Our goal in DUI cases is to first attempt to seek a dismissal. If that does not work, we seek to reduce charges and all punishment.DUI Attorney in Glendale
It is imperative that you hire the best Los Angeles DUI attorney to ensure you get the best possible defense. Our Glendale criminal defense lawyers have handled numerous cases. If you have been accused of a DUI, contact one of our Glendale DUI attorneys at {meta.phoneFormatted}. It is important to have a defense attorney that you can trust. It is imperative not to speak with investigative authorities without seeking legal counsel first in these situations. 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
The Benefits of a Limited Liability Company
Forming an Limited Liability Company "LLC"
An LLC, or limited liability company, is a term used to describe a private limited company. LLCs, along with LLPs, are relatively new forms of business organization in the United States. In particular, LLCs have gained much traction and popularity in the United States because of the many perks they offer over other, perhaps more traditional, forms of business organization. They carry with them very few disadvantages and as such, for many businesses an LLC is an idyllic means of conducting business. If you are considering which form of business is best for your new venture, or if you are considering changing your business to an LLC, it is definitely worth taking a few minutes to read on about their potential benefits to your business.Benefits of Forming a Limited Liability Company
Many of the perks and benefits that a limited liability company offers stem from its unique status as a hybrid form of business organization. This hybridity allows for it to offer the benefits of limited liability like a corporation, while also simultaneously providing the tax advantages of a partnership. Essentially, an LLC can dip in between both types and offer dual benefits to its member-owners. As a result of these dualities, many businesses favor becoming an LLC, a trend that is only further encouraged by state statutes permitting and simplifying their establishment and longevity.Difference Between Corporations and LLCs
Insofar as questions of jurisdiction, LLCs share many traits with corporations. Like corporations, LLCs are creatures of the state. As such, they are formed and operated in accordance with state laws. Furthermore, both corporations and LLCs are treated as legal entities separate and distinct from their owners, who are instead referred to as ‘members'. Given their status as a legal entity, LLCs can sue or be sued, enter into contracts and arrangements, and hold titles to property or estates.Members of LLC vs. Shareholders of Corporation
Notably, the members of an LLC enjoy limited liability just like the shareholders of a corporation would. Members can also undertake actions on behalf of the LLC, and as with a corporation's shareholders, any damages or charges recovered go to the LLC, not to the members themselves. However, just like how courts can, on occasion, determine that they ought to disregard a corporation as a legal entity and hold shareholders personally liable for damages, so too can the courts pierce the corporate veil of an LLC to hold individuals accountable for damages. These cases, however, are extremely rare and far and few between.Disadvantages of Forming a Limited Liability Company "LLC"
As previously alluded to, the advantages of LLCs are many and the drawbacks are relatively few. One such disadvantage to consider is that the management structure of an LLC is not clearly stated nor defined in the legal literature. More often than not, it is up to the members to create, agree upon, and sign off on articles of organization which outline the key rules and principles of operation of the company. While, this may seem inconvenient at first, it can actually be viewed as a major advantage of an LLC, speaking to its flexibility and the level of freedom and control it can offer to its members. Below is a chart that effectively sums up the potential pros and cons of an LLC. Things to Consider About LLCs: Advantages Disadvantages- Liability of members is limited to the amount of their investments
- LLC statutes are not yet completely uniform among all the states; some differences in liability or responsibility may apply
- Can choose whether to get taxed as a partnership or as a corporation
- Lack of case law with LLCs means that lawsuits are a little more nuanced
- If taxed as a partnership, can avoid "double taxation"
- Investors may not feel as comfortable investing in LLCs as corporations because of the above reason
- LLC itself isn't taxed, profits get "passed" onto the members who only pay personal taxes
- Articles of organization should be drafted and agreed upon by members, which can be a little cumbersome
- Immense flexibility with internal organization
- California, and some other states, levies a minimum yearly fee of $800, which the LLC must pay to enjoy limited liability
- General ease of doing business in other states
- Can consistent of one or many members
- Far more flexibility and far less documentation needed for LLCs than for corporations
How Does an LLC Work
As you can see, the benefits of an LLC generally outweigh the drawbacks. For further information, use the following chart as a reference; it provides answers to many common questions surrounding the details of how an LLC works. Characteristics of A Limited Liability Company Method of Formation It is formed by an agreement of the owner-members of the company. Articles of organization are filed. Charter has to be given by the state. Legal Position It is treated as a legal entity. Liability Member-owners liability is limited to the amount of capital contributions or investments. Duration Can have perpetual existence, unless there is only one member (like a corporation). Interest Transferability Member interests are freely transferable. Management Scheme Member-owners can fully participate in management, or they can designate managers to oversee the firm on their behalf. Taxation LLC does not get taxed, and members are taxed personally based on the profits that get "passed through" the LLC. Fees and Annual Reports Organizational fee is required, as well as a possible business privilege fee. Foreign Business Transactions Generally no limitations.Speak to an LLC Lawyer in Los Angeles
While an LLC can offer you and your business many powerful tools and advantages, getting it set up as an LLC can be a somewhat difficult process. That's where we can help. We have helped many clients start up LLCs for their businesses as well as converting an already existing business into an LLC. We always look for ways to help our clients maximize their profits in the legal realm, and this is no exception. If you or a loved one wishes to open an LLC, or has any further questions, we invite you to give us a toll free call at {meta.phoneFormatted} to speak to one of our Los Angeles business lawyers today. 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
Protection From Copyright Infringement
Business Intellectual Property: Protection From Copyright Infringement
A business's intellectual property has the potential to be its most important asset, granting it a huge competitive edge over competitors across industries. This is because intellectual property is uniquely created by creativity and innovation and it ought to be protected as such.Intellectual Property Rights
Intellectual property rights can be broadly grouped into four categories which are trademarks, copyrights, patents, and trade secrets. As an initial gesture of protection, a business should protect its intellectual property rights by registering a trademark or filing for a patent application. These are examples of the first, but by no means last, steps involved in protecting a business's valuable and intangible assets.Monitor Your Intellectual Property Regularly
Once registered, a business should remain aware and continue to monitor its intellectual property in order to identify and put a stop to infringement and unfair use. In fact, taking the time to review both proactive and protective measures is essential to securing your intellectual property; it's best to think of this time spent as a crucial investment to ensure your company's competitive standing and financial success. A common misconception is that once intellectual property rights and protections are granted, no one will dare to infringe upon your work. The reality couldn't be any more different. Nobody is going to look for copyright violations or trademark infringement on your behalf: it's always up to you to actively protect your work. Trademarks, copyrights, and patents merely make it so that in the event of a lawsuit, you will have a far more compelling case on your side since the government acknowledged your intellectual property.Protections and Benefits Granted by Each Type of Registered Intellectual Property
While registering your work isn't a guarantee of protection, it is still the best thing to do first and foremost. To review, the protections and benefits granted by each type of registration are:- Trademark Registration: grants you the right to use the R symbol (®), giving you far more legitimacy to your claim. That trademark symbol also serves to inform the public of your claim and it has legal backing.
- Patent Registration: gives you the right to use the patent pending designation which may discourage many companies from developing a product they won't be able to use or sell for long. Also grants you the exclusive right to produce and sell the patented product or design.
- Copyright Registration: upholds your right to file suit against an infringer and to collect damages and attorney's fees from the guilty party upon winning the lawsuit. Also allows you to use the copyright symbol with your work (©).
Document The First Time You Use Your Intellectual Property
You will want to ensure you maintain your protective measures, too. This means taking the time to do some basic upkeep, such as documenting your first use to make it easier to defend in court, should the need arise, and renewing your trademarks on time, using them continuously and filing any paperwork needed to document its use. Bear in mind also that if you choose to begin marketing or otherwise disclose your invention publicly before filing for patent protection, remember that you have to file your patent application within one year of disclosure and you must be the first to file, or you will lose the right to protection. For this reason, you may wish to consider starting with a provisional patent application to protect your rights.Get Registered at Home, Get Registered Abroad!
If you intend on marketing your invention, product, or design in other countries, then you may want to look into registering your intellectual property in those countries, as well. This will ensure maximum protection and profit for your company. Fortunately, the U.S. has several treaties and conventions which make it easier for U.S. citizens and businesses to register patents and trademarks in multiple countries with one application. You'll still have to follow each country's law, though. For instance:- Lots of countries require that you file for patent protection within a year of disclosing your invention or idea publicly,
- Some may require that you file for patent protection prior to making your new product public,
- And others still may require that you include more than a trademark or copyright symbol with your marketing or advertising to signal that you have claimed that product.
Shhh! It's a Secret.
Oftentimes, the best way of protecting your intellectual property is simply by keeping quiet about it. This is especially the case if your work isn't patentable or if you plan to protect it by using the trade secrets law. In those cases, you definitely want to limit the amount of people you tell about it. Whenever possible, get your partners and investors to sign off on non-disclosure agreements and make sure to specify in those agreements what exactly must be kept confidential and for how long. As another measure, you might want to still keep quiet about your idea even after filing a patent application since in most cases protection only begins once the United States Patents and Trademark Office actually grants your patent.Keep Track of Your Market
All of the laws and registrations we discussed offer you legal avenues for remedies after your work has been infringed or used illegally, but they do not actually prevent your work from being stolen in the first place. This is because some people may not be aware of the law and others just may not care. Sometimes, even a thorough patent or trademark search misses something. As such, it is your job to keep an eye on your industry trends and developments. In particular, you will want to keep a close eye on your industry developments:- Pay attention to new products and companies, taking note of the images and words in their remarks
- Create internet search alerts using Google alerts to receive email when trademarked words or phrases similar to yours are surfaced or mentioned online
- If your trademark is especially important or valuable, consider hiring a trademark search firm to police your mark more aggressively. Companies or firms such as these will search both domestic and international trademark and domain databases.
- Be wary of trademark dilution; if you let your mark become a common term or phrase rather than a unique branding for your company, you risk losing your right to it. As an example, "zipper" used to be a trademarked name, but it ended up becoming a product category rather than a brand.
- Look into products that look similar to yours and pull up their patent filings to determine if they infringe upon your patent.
- Send a cease and desist letter in which you clearly tell the infringer to stop using your work. You can send this yourself, but for maximum impact, it's best to have your lawyer send it.
- Send a Digital Millennium Copyright Act (DMCA) takedown notice for copyright infringement on the internet.
- Request a court injunction to stop a patent infringer from continuing to make or sell the product without your consent.
- File a lawsuit. However, depending on the situation, you will have to decide if you have a compelling enough case to make this option worth the cost and effort.
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California Pedestrian vs Car Accidents
Pedestrian vs vehicle accidents occurs far often than one may believe, especially in Los Angeles. California has several right-of-way laws designed to protect pedestrians and may serve to show that a driver is liable for an accident.California Vehicle Code 21950(a)
CVC 21950(a) provides that "the driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided..."What Does an Injured Pedestrian Need to Prove to Recover in a Personal Injury Lawsuit?
In order for an injured pedestrian to recover in a personal injury lawsuit they must prove:- The driver owed the pedestrian a duty of care;
- The driver breached that duty of care because they were negligent;
- The driver's negligence was both the actual and proximate cause of the pedestrian's injuries; and
- The pedestrian must show damages
How Can a Personal Injury Lawyer Help?
An experienced Glendale personal injury lawyer can evaluate the facts and circumstances of a case and help recover for damages such as:- Past and present medical expenses
- Future medical costs
- Missed time from work
- Loss of future earning capacity
- Pain and suffering
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 the California Statute of Limitations for Pedestrian vs Vehicle Accident?
The statute of limitation for bringing a pedestrian vs car accident is 2 years from the date of the accident. However, claims involving government tort or injury involving a government entity, such as a 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 claimant 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.Statute of Limitation: Injured Pedestrian involved in Accident with Vehicle CCP 335.1
California Code of Civil Procedure section 335.1 provides, an injured pedestrian has two years to file a claim against those who may be liable for their accident.Personal Injury Attorney
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 accidents, 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 a Government vehicle, give our office a call at {meta.phoneFormatted} for a consultation.California Pedestrian Vehicle Accident Video
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Health and Safety 11365 Presence During Unlawful Controlled Substance Use
Health and safety code 11365 governs unlawful presence during unlawful controlled substance use. Getting arrested for HS 11365 can feel a lot like, being in the wrong place, at the wrong time. Life is full of surprises, some good and some that just cause headaches. The law, on the other hand, is designed to be as unsurprising as possible. It has clear cut guidelines for what is, and what isn't, legal. However, how the law gets used against you is another matter entirely. What could have been an honest mistake or an unfortunate coincidence can be damning in some respects of the law and California Health and Safety Code 11365 is one such law.HS 11365 Charged as a Misdemeanor
HS 11365 states that it is a misdemeanor to willingly and knowingly be somewhere that controlled substances are being used, given that you actually helped out or supported that usage. The law itself is sound, but many problems arise when this particular law is put into effect. This is because one can get charged with violating HS 11365 without ever having possessing any controlled substance or been under their influence. The way this typically works is that you may get arrested if you happened to be somewhere where controlled substance were being used; in practice this means that people can get charged with an HS 11365 violation for simply being in the wrong place, at the wrong time.What Does The Prosecution Have to Prove to Be Convicted of HS 11365?
Technical elements constitute the legal definition of presence during unlawful use of controlled substances, which means that for the HS 11365 charges to hold, the following five elements must be true:- You freely and willingly chose to visit a place where someone was using a controlled substance
- You had knowledge that the person(s) intended to use the controlled substance,
- You meant to help or support the other person in using the controlled substance,
- You said or did something that did help them, and
- You would have known that your actions and words helped them to use the controlled substance.
- You knew or strongly suspected the person(s) wanted to use a controlled substance,
- You specifically meant to help, encourage, support, instigate, or oversee the use of the controlled substance,
- You did actually help, encourage, support, instigate, or oversee the use of the controlled substance.
Examples of HS 11365 Charges
The following are examples of HS 11365 charges and how they might play out in court.Violating HS 11365 Example 1
In the first scenario, suppose you went to a party with some friends where some people were snorting coke. You notice and become aware that some people are doing coke, but you choose not to say or do anything about it. You are clearly uneasy and you walk away whenever someone offers you a chance to do a line yourself. Given this scenario, you would not be found guilty of violating HS 11365 because even though you were present at a venue where drugs were being used, you did nothing to help or encourage the use of those drugs, nor did you partake in it yourself.Violating HS 11365 Example 2
Conversely, let's say the scene played out a bit differently. You're still at a party with your friends where some people are using coke. Throughout the night, you dance with someone and have a few drinks with them. You take a liking to them and want to see them after the party. One of their friends interrupts by offering some coke. The person you liked looks at you for approval and you, not wanting to be a buzzkill, encourage them to go ahead and have fun. If that person then goes ahead and takes a hit of coke, then you may later be found guilty of violating HS 11365 since you encouraged the use of a controlled substance while at a place where they were being used.What is a Controlled Substance?
California Health and Safety Code 11365 applies solely to a select group of ‘controlled substance'. These substances are:- Cocaine, cocaine base, or coke,
- Heroin,
- Methamphetamine,
- Mescalin,
- Peyote,
- Gamma Hydroxybutyric Acid, or GHB.
Penalties Health and Safety Code 11365 Charges
As we alluded to at the beginning, knowingly being in a place where controlled substances are used is considered a misdemeanor. As such, the potential consequences are:- Summary probation, which typically includes a condition that you must successfully finish a drug treatment program,
- A maximum of 6 months in county jail, and/or,
- A fine of no more than $1,000.
Deferred Entry of Judgement Program for Health and Safety Code 11365 Conviction
It is imperative to keep in mind that even if you are convicted of being present at the time of controlled substance use under Health and Safety Code 11365, you may still be eligible for California's ‘deferred entry of judgement' or pretrial diversion program. In a nutshell, deferred entry of judgement suspends the charged placed against you while you complete a state-approved drug rehabilitation program. Upon successfully finishing it, the charges get dismissed. However, to qualify for this option, there are some requirements. For example, you typically will need to have no previous controlled substance related charges and the charges need to not have involved violence.Defenses to California Health and Safety Code 11365
There are a few legal defenses to California Health and Safety Code 11365. Despite possibly having the option of drug diversion, sometimes it may be far more sensible to fight the charges that are posed against you directly. This is typically done by using some of the common legal defenses, such as lack of knowledge. As an example, if you weren't aware of the illegal controlled substance use, and/or had no knowledge that your actions or words may have indirectly encouraged use of those substance, then you are not guilty of helping or supporting the use of controlled substances, even if you were present at the location. Alternatively, another method is to argue that you flat did not say or do anything to aid or support someone in using the controlled substance. These are just two of the many possible ways of defending an HS 11365 case.We Can Help Defend You
For answers to any other questions you may still have about California Health and Safety Code 11365, 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. 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
Penal Code Section 148(a) Resisting Arrest
Penal Code §148(a) Resisting Arrest, Abuse of Power, Police Brutality
Penal Code section 148(a) Resisting Arrest aims to secure the physical wellbeing of officers, and encourages only compelling, legally applicable examinations of civilians. Lamentably, it isn't unprecedented for some officers to abuse this statute by rebuffing people who show any little sign of disobedience towards the officer. This is a serious and recurring issue all throughout California, with some counties and cities experiencing more of this abuse of power than others. For instance, Ventura county law enforcers are infamous for incarcerating civilians if the officer senses even the slightest amount of hesitation from the civilian. In many situations, this results in a gross and negligent abuse of power, originating from misinterpreted ideas of what the Penal Code 148(a) entails.How the Penal Code 148(a)(1) Can Be Violated
According to Penal Code 148(a)(1), any person who "obstinately" opposes or delays any law enforcement agent is blameworthy of a crime. They must demonstrate the following past a sensible uncertainty:- The officer who was on duty felt that they had reasonable suspicion or probable cause to investigate further.
- The defendant stubbornly disobeyed the officer after he/she was given specific rules to follow.
- The defendant knew, or should have known, that they were dealing with an officer.
Examples of Penal Code Section 148(a)(1) Violations:
- Case of Unlawfully Deferring an Officer: An officer wants to meet with a witness to a crime. The defendant keeps on interfering with the officer's meeting with the witness, even though they were told not to do so. In this case, the officer may have reasonable justification to arrest the defendant for interfering.
- Case of Opposing Officer: An officer responds to a house call with alleged abusive behavior. After establishing that the homeowner has harassed his spouse, the officer says to him that he will be taken into custody for further questioning. The homeowner battles frantically to avoid arrest. He is in violation of the Penal Code Section 148(a) and therefore is subject to detainment.
- Case of Blocking Officer: Officers capture a criminal suspect and place him inside a police vehicle. The defendant approaches the vehicle and tries to speak with the captured individual. Various officers advise the defendant to step away from the watch vehicle, however he does not comply. The officers are occupied with investigating the scene of the crime and performing other authority obligations as a result of the defendant's refusal to comply with their legal commands. The defendant as, therefore, interfered and is in violation of the law.
How a Glendale Criminal Defense Lawyer Can Help You Out
There are several avenues of defense that a skilled Glendale criminal defense attorney will utilize in order to defend their client in situations of unlawful arrest. A few examples of these defenses include: the use of excessive force or police brutality, acting in self-defense, or being wrongfully accused of a crime. Which path is best for your particular case is something your lawyer will be able to determine with you. If you feel that you or a loved one have experienced a wrongful accusation of violating Penal Code 148(a), or been the victim of police brutality or misconduct, please give us a call at {meta.phoneFormatted} to speak to a defense attorney specialist, or send us an email with a description of your case at [email protected]. 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
Tips on Defending a California Restraining Order Action
Tips on Defending a California Restraining Order Action
Restraining orders are commonly referred to as "RTO"s. Being served with a restraining order can be stressful, especially if it is a domestic violence restraining order. In California, there are a few different types of restraining orders such as civil harassment, domestic violence restraining orders, restraining orders involving elder abuse, workplace violence, emergency protective orders, and criminal protective orders. Each type of restraining order has various components of which the person who filed the restraining order has the "burden of proof" in order to obtain the restraining order, the duration of the restraining order, and the legal elements required to prove in order to obtain that restraining order. The following tips may help you successfully defend a California restraining order action.Preparing for a Effective Defense for California RTO Action
The first essential preparation for an effective restraining order defense is to carefully review the allegations made against you order to determine if those allegations do or do not apply to each element required for the particular order of protection being requested.What You Need to Bring to Court in California Restraining Order Actions
If you are defending against a restraining order, you have to keep in mind that the court doesn't have all day to listen to your case and thus you must be prepared when you come into court. First, it is important that you prepare your evidence and bring them with you to court. You may bring declarations from other people that have personal knowledge of the facts that surround that basis of your restraining order, your own declaration, along with any photographs, videos, text messages, emails, or any other piece of evidence you intend to show to the court.Criminal Case is Pending in Conjunction with RTO: Preserve Your Constitutional Right Against Self-Incrimination
If you are also facing criminal charges which stem from the matter of which is the basis for the restraining order, keep in mind of your Fifth Amendment right against self-incrimination. This means, if you testify during a restraining order trial, your testimony may and most likely will be used against you in the pending criminal case. Therefore, being mindful of the statements you make during court is very important. The prosecutors can request the transcript of your testimony from the restraining order hearing from the court, which may aid them in building their case against you in the pending criminal case. If you are in a situation where you face both criminal charges and a restraining order action, it is imperative that you seek legal help in order to insure the best possible outcome, as these types of criminal matters become extremely tricky.Restraining Order Proof of Service
Keep in mind that if the person that intends to file a restraining order against you, they are further legally obligated to have you personally served with the restraining order.Hire a Los Angeles Restraining Order Attorney
It is always wise to consult with an experienced local attorney who has vast experience in defending against restraining orders to discuss your various options. In order to ensure you have the best possible outcome and an effective defense is to have an experienced restraining order lawyer handle your case for you. Your restraining order lawyer will prepare a solid defense and attempt to persuade the court that the allegations asserted by the other party do not fit the definition of abuse.Defending Yourself in RTO Case When Other Side Represented By Attorney
Often times, defendants are not properly prepared for these type of hearings and almost immediately make damaging admissions that necessitate a restraining order be issued, even if the admitted activity was in fact innocent. Defending yourself against a restraining order can be difficult if all that you have are the statements made by the victim against your own word where there are no pictures or witnesses to support your side of the story. Further, if the person who filed the restraining order against you is represented by an attorney, it is even more imperative for you consider hiring a restraining order attorney immediately, as opposed to defending yourself If you were served with an restraining order or temporary restraining order, our knowledgeable restraining order attorney in Los Angeles, CA with KAASS Law can help defend you. We are highly dedicating to serving the needs of all our clients. Call us at {meta.phoneFormatted}, 24 hours a day, 7 days a week for a consultation tailored to the specifics of your case, our attorneys speak English, Spanish, Armenian, Russian, Ukrainian, French, and Italian. You may also get directions to our law firm on Google Maps fast and easy. - Read More
Possession of Controlled Substance H&S Code § 11377: Methamphetamine
Possession of Illegal Substances: Methamphetamine
In California, there are many different health and safety codes and statutes in place to protect citizens. Some of these focus on illegal substances, such as methamphetamine, and the consequences one may face for possessing them.
California Health and Safety Code § 11377
Being accused of possessing meth is a serious crime because it is a controlled substance under the California Uniform Controlled Substances Act.
Under California Health and Safety Code Section 11377, the mere possession of meth is considered a misdemeanor, which involves a penalty of up to $1,000 and a year in prison. However, these repercussions can be far more severe, depending on how the drug was found and whether or not the prosecutors determined if there was an intent to sell or distribute the drug. Therefore, it stands to reason that you should be aware of the ways in which a prosecutor can prove meth possession. So...
What Does The Prosecutor Have to Prove in a Meth Possession California H&S Code § 11377 Criminal Case?
In order for a prosecutor to convict you of meth possession under Health and Safety Code Section 11377, they must be able to prove or show beyond reasonable doubt that:
(1) you had actual possession of the drug in question;
(2) you knew the drug was methamphetamine, a controlled substance, and
(3) you had possession of usable amounts of the drug, i.e. more than just trace amounts of methamphetamine.
What Are The Kinds of Meth Possession You May Be Charged With?
While the burden to prove these things falls on the State, you should be prepared with ample evidence to show otherwise, just in case they do manage to produce sufficient evidence in the courtroom.
Bear in mind there are two different kinds of possession for which you may be convicted. The first kind is actual possession, which entails that the authorities discovered the drug on your person, meaning in your pocket, clothes, or bag. The second kind is constructive possession, which simply means that the authorities found the drug in a place that you have access to, such as your house, car, or office. If you did not expressly admit to having knowledge of the illegal substance of methamphetamine being in your possession, the prosecutor will have to meticulously prove that through evidence.
Evidence can include the way you behaved or reacted during the search or arrest process. As an example, if you attempted to hide or get rid of the drug, then they could reasonably assume that you had knowledge of the drug and its illegality. However, assumptions can work against the prosecutor as well.
How Can You Protect Yourself Against Methamphetamine Possession Charges?
One of the first things your lawyer will do is to determine whether the police encounter that led up to the discovery of the meth was legal. In other words, the prosecutor cannot use evidence against you in a court of law if it was obtained illegally.
Remember that the police must adhere to strict laws which are upheld by the United States Constitution, including when they stop and search vehicles, when they enter into private property, and even when they arrest or detain someone on suspicion of illegal substance possession. Should a law enforcement agent knowingly, or inadvertently, violate the suspect's constitutional rights, then your lawyer can request to suppress the evidence being presented against you.
Possession of Methamphetamine Defense Lawyers in California
There are many different avenues and possibilities that a lawyer can explore with you in order to best gauge what your next optimal move will be.
Getting charged with possession of a controlled substance may seem overwhelming and getting out of that situation even more so, but we will guide you through the criminal justice process and get you the best possible result. We invite you to give KAASS Law a toll free call at {meta.phoneFormatted} to have a consultation with our skilled defense attorneys.
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Guilty or Not Guilty – Los Angeles California Expungements under Penal Code § 1203.4 in the Glendale, Van Nuys, & Burbank Courthouses
California Expungements: Penal Code § 1203.4
Penal Code 1203.4 outlines California laws which govern expungements of criminal records. An expungement, sometimes referred to as a "dismissal", discharges a person from the criminal conviction. Specifically, an expungement is a type of post-conviction relief which removes a person from the consequences of a conviction. It's imperative to understand this penal code and the benefits that it may offer to those who have been accused and convicted of a crime, especially since it may potentially clear your criminal record. The word "expungement" is somewhat confusing as it infers that criminals records can be erased. Expungements are post-conviction, post-probation petitions for dismissals; the court substitutes a "Not Guilty" plea for the earlier finding of guilt, and dismisses the case. After this time, the guilty plead is no longer on the criminal record because technically you are no longer guilty of the charge. However, in most government application you may still need to disclose the prior conviction even after it has been expunged.What Does a California Expungement Do?
Under Penal Code § 1203.4, an expungement essentially discharges a person from whatever sentencing they were given due to being convicted of a crime. One powerful advantage that expungement offers is that an expunged conviction does not typically have to be disclosed to potential private employers or institutions. As it stands, California law prevents employers from inquiring about an applicant's previous criminal record until such a time when the employer proposes a legitimate offer of employment. However, once a conviction gets expunged, it doesn't need to be revealed to an employer even after the employer makes a job offer. However, you may still be required to disclose the expunged conviction if filing any applications with government organizations such as for professional licensing with the Contractors State Licensing Board; State Bar of California; Medical Board of California; California Board of Pharmacy; California Department of Real Estate; California Board of Accountancy; or any such other licensing board that requires a Live Scan for California Department of Justice (DOJ) and Federal Bureau of Investigation (FBI) level criminal history record checks.Who is Qualified to Have Conviction Dropped Under California Expungement Law?
Someone who was sentenced for a crime in California is eligible for expungement provided that:- They have successfully completed probation for the offense, and that they either
- Did not serve time in state jail for the offense, or
- Served time in state jail, however they would have served it in county jail had the crime been committed after usage of "Realignment" under Proposition 47.1
Who isn't Qualified For an Expungement in California?
Individuals are not qualified for expungement in the event that they:- are presently accused of a criminal offense,
- are on post trial supervision for a criminal offense, and/or
- are serving a sentence for a criminal offense.
Glendale, Los Angeles Expungement Lawyers Can Help
Expungement is a huge step forward for many individuals who have been accused of a crime. This crucial step allows for a much easier re-entry into society and we can help you to get there! If you or a loved one may benefit from an expungement, give us a call at {meta.phoneFormatted} for a criminal defense consultation with one of our Glendale criminal defense attorney today. Our lawyers in Glendale, Los Angeles, California, are dedicating to providing the highest quality legal services for all of our clients. Get Directions on Google Maps - Read More
Copyrights Registration Process
The reason copyright registration exists is to establish a formal, verifiable record of the date of creation and the contents of a work, so that, in case of a lawsuit, infringement, or plagiarism, the copyright owner can point to an official government source. The idea is that having the government officially document and recognize your work will add legal credibility should the issue ever surface in court. However, helping to resolve legal disputes is just one reason why someone may want to copyright their work. There are many motivations one may have for it, but first, it's a good idea to understand what exactly a copyright entails.
Copyrights Protect Intellectual Works
Copyrights protect intellectual works, both published and unpublished, tangible and intangible. Copyrights can be used to protect everything from literary works, to songs, to computer programs, to photographs and films. Because of how broadly copyrights can apply, it would be a nightmare to have to manually copyright every new creation or work. Fortunately, that no longer is the case. In most countries across the world, copyright gets granted automatically at the moment of ‘fixation', or the moment in which the work is fixed in some tangible medium. This is largely thanks to the international Berne convention, which provides rights at a global level without a need for national registration. Therefore, it is also important to avoid confusing copyright registration with the mere granting of copyright. The granting of copyright happens automatically once a work undergoes ‘fixation', while copyright registration is a formal process that must be completed by filing a request through your government.
The U.S. still does provide certain legal advantages for registering works of U.S. origin through the formal copyright registration process. For instance, having a registered copyright is still a prerequisite to filing an infringement lawsuit. Furthermore, other important remedies rely on prompt registration and verification, such as attorney fees and statutory damages. Therefore, for most people in the U.S. it is still extremely beneficial to have your work undergo the copyright registration. Also noteworthy to consider is that under U.S. copyright law, the protection that is granted to the owner of the work allows them exclusive rights to make and distribute copies of the work, to perform or display the work publicly, to produce derivative or iterative works such as translations, sequels, or adaptations, and to digitally transmit recordings of the copyrighted material.
Copyrights Can Be Bought, Sold, or Given Away to Others
Copyrights can be bought, sold, or given away to others. A transfer of copyright or an exclusive grant or license to utilize the work is possible only if it is conveyed in writing from the original owner of the copyrighted material. Also, copyrights do not protect the underlying ideas or concepts in the creator's work. The legal terminology here gets a bit vague but basically ideas, facts, methods, titles, discoveries, works which do not have original authorship, and works with expired copyrights are not protected under U.S. copyright law. Bear in mind also that copyright law is intrinsically territorial and the information which we have talked about only applies to U.S. copyrights, which themselves are granted only to works of U.S. origin.
The final aspect of copyrights that we should discuss is their length, or period of effect. The law regarding the length of copyright says the following for:
- Works created after 1978 are protected for the lifetime of the author plus 70 years
- Works made for hire are protected for 95 years from publication or 120 years from creation, whichever comes first
- Joint works are protected for the lifetime of the last living author plus 70 years
- Anonymous or pseudonymous works are protected for 95 years after publication or 120 years after creation, whichever comes first
As previously mentioned, nearly all original works created after 1978 have some form of automatic copyright protection. To recap the important points, bear in mind that any original work automatically gets copyright protection once it is ‘fixed', however, formally registering your copyright with the U.S. Copyrights Office still offers certain lucrative advantages, such as unlimited and exclusive control and ownership of the work, allowing for increased security and easier time dealing with any potential legal matters in the future, should the need ever arise.
Los Angeles Copyright Lawyers Can Help
At KAASS Law, we believe in the spirit of genuine creativity. For that reason, protecting your original works is something we treat very seriously. If you or a loved one have created an original work, we invite you to call us at {meta.phoneFormatted} to speak to one of our intellectual property lawyers today. Our team will ensure your works get registered with the U.S. Copyrights Office in the quickest and most efficient way possible so that you can keep creating beautiful works.
KAASS Law, 815 E Colorado St #220, Glendale, CA 91205, {meta.phoneFormatted}
Our lawyers in Glendale, Los Angeles, California, 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.