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California Juvenile Justice System
Any individual who commits a crime under the age of 18 is subject to the juvenile justice system in California. The purpose of juvenile courts is to educate, rehabilitate and counsel minors, whereas adult criminal courts focus on punishing people for crimes they have committed.Reasons a Juvenile Can Get Arrested in California
A juvenile can be arrested for violating a criminal statute or committing a status offense, such as truancy, curfew violations, running away and incorrigibility.What Happens Following a Juvenile Arrest in California?
After the arrest of a juvenile, the police officers may choose one of the following actions:- Give the minor a warning and release him with no further action
- Release the minor with a citation to appear later in a court with parent/guardian
- Take the minor to a juvenile hall
What is Juvenile Hall?
Juvenile hall is operated by the probation department, and like a police officer a probation officer can choose to:- Release the minor with a citation to appear later in a court.
- Release the juvenile with a probation program to follow with no requirement to return to the court.
- Keep the minor in a juvenile hall and let a judge review the case
Type of Hearings in California Juvenile Court
There are a number of hearings which take occur in the California Juvenile Court system including the following:- Detention hearing: The judge will determine whether the minor can be releases or must stay in custody the case is resolved. This is required if the juvenile is locked up for more than 2 days.
- Fitness hearing: The judge will determine whether the minor's case will be heard in juvenile delinquency court or should be transferred to adult court. In case the child is under 14 when he or she committed the crime the case should only be heard in juvenile delinquency court.
- Adjudication Hearing: The judge reviews the probation officer's report, the district attorney's evidence, any other findings regarding the case and determines if the juvenile committed the offense.
- Disposition hearing: In case the judge decides that the juvenile has committed the crime, there will be a disposition hearing for deciding the punishment.
Sentencing and Penalties in California Juvenile Court
The court has several sentencing options sentencing a juvenile as payment of a fine or restitution community service, informal probation, formal probation, California Division of Juvenile Justice (DJJ) commitment.Cases Where Juvenile is Treated as an Adult Welfare & Institutions Code Section 707(b)
Under Welfare & Institutions Code Section 707(b) there are 30 serious crimes for which juveniles at least 16 years of age can be tried as adults. Criminal cases where a juvenile may be treated as an adult under Welfare & Institutions Code Section 707(b) include the following types of criminal cases:- Murder
- Robbery
- Arson causing damage or great bodily harm to an inhabited structure
- Rape if done with force, violence or threat of great bodily injury
- Lewd acts with a child under 14 if done with threat of serious bodily injury or violence
- Carjacking
- Forcible sexual penetration
- Use of a weapon in commission of a felony
- Torture
- Drive-by shootings
In such cases the prosecutor files charges in juvenile court for determine the juvenile's fitness. The judge must consider the following issues:
- Severity and circumstances of the crime
- Degree of juvenile's criminal sophistication
- Juvenile's prior criminal history
- Previous rehabilitation attempts
California Juvenile Defense Lawyer
Hire the most dedicated Glendale criminal defense lawyer who has experience with handling various juvenile cases. If you or your child has been convicted of a crime we invite you to give us a toll free call at {meta.phoneFormatted}. - Read More
Penal Code Section 594(a) Vandalism
Vandalism Penal Code Section 594a (PC 594a) in California
Under California Vandalism Penal Code Section 594(a) it is prohibited to maliciously deface, damage, or destroy someone else's property. In order to prove the commitment of vandalism, a prosecutor must prove the following elements:- Defendant maliciously damaged, destroyed or defaced public or personal property with graffiti or inscribed material.
- Defendant was not owner of the property and didn't have the owner's consent
California Penal Code Section 594 Applies to Personal and Public Property
California Penal Code Section 594 applies both to public and personal property that you own jointly with someone else. So you are not allowed to damage, destroy or deface public property, property owned by another individual or even property that you own jointly with another person.What are Common Forms of Vandalism in California?
There are many types of vandalism in California, but the most common are: graffiti (any unauthorized drawing or writing on property with any kind of tool), slashing tires or damaging car paint, damaging mailboxes, breaking windows, damaging telephone wires or other public works equipment.What are Legal Defenses for Penal Code 594 Vandalism?
The Damage Was Not Done "Maliciously."
California Penal Code section 594 requires that defendant "maliciously" commit vandalism. If the action was unintentional, accidental or negligent it serves as a valid legal defense.Ownership of the Property
In case defendant actually owned the damaged, destroyed or defaced property he should not be found guilty or charged with the offense.Consent
In case the "victim" gave his permission to damage or destroy the property, then defendant did not commit the crime of vandalism.Penalties for Violating California's Vandalism Law
In case the value of the defaced, damaged, or destroyed property is less than $400, defendant can only be charged with misdemeanor vandalism. If the value of property is $400 or more, then vandalism becomes a wobbler and the defendant can be charged with either a felony or a misdemeanor.Are California Vandalism Crimes Eligible for a Probation?
Vandalism crimes are generally eligible for a probation sentence. Probation terms can include restraining orders, repayment of the damaged property, community service, required counseling. Felony probation requires the defendant to check in with a probation officer, whereas misdemeanor probation does not require the supervision of a probation officer.Penalties for Misdemeanor Vandalism Value is Less than $400
If the value of the vandalized and or damaged property is less than $400 the penalties for misdemeanor vandalism under penal code 594 is as follows:- Up to 1 year in a county jail,
- A maximum fine of $1,000, or up to $5,000 if defendant has prior vandalism conviction,
- Probation.
Penalties for Misdemeanor Vandalism Value is More than $400
If the value of the vandalized and or damaged property is more than $400 the penalties for misdemeanor vandalism under penal code 594 is as follows:- Up to 1 year in a county jail
- A maximum fine of $10,000, or up to $50,000 in case the total amount of the damaged property was $10,000 or more, and/or
- Probation
Penalties for Felony Vandalism Penal Code 594
Penalties for felony vandalism under penal code 594 are as follows:- Up to one year of country jail, or a jail sentence of 16 months, 2 or 3 years
- A maximum fine of $10,000 up to $50,000 in case the total amount of the damaged property was $10,000 or more,
- Probation
Collateral Consequences Under Vandalism Penal Code 594
Defendant's driver's License can be suspended up to 2 years. In case the defendant has no license at the time, the Court can suspend the issuance of the license for up to three years.Vandalism Penal Code 594 Lawyer
For answers to any other questions you may still have about California Penal Code 594 or to discuss your case confidentially with our team of experienced California criminal defense attorneys. Give 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. - Read More
California Unemployment Insurance Fraud
Unemployment insurance fraud occurs when an individual provides false, incomplete or misleading information, intentionally conceals facts or provides wrong identification for obtaining, increasing or denying benefits.California Unemployment Insurance Laws and The EDD
In California the Employment Development Department (EDD), which is a combination of both state and federal programs, is managing unemployment benefits system. California unemployment insurance assists people who become unemployed through no fault of their own to keep financial security while they seek new job. There are some circumstances under which a person can qualify for benefits.- Person is currently unemployed or have had his hours cut to below full time
- Person's last day of employment was not more than eighteen months ago
- Person is ready and willing to work but is unable to find a job
- Person is actively searching new employment
Types of Unemployment Insurance Fraud in California
In California both employees and employers can be accused of committing unemployment insurance fraud. Here are some examples of unemployment insurance fraud committed by employees:- Double dipping – collecting benefits and not reporting to the EDD.
- Failing to actively seeking new job but claiming you are diligently looking for work
- Failing to report other forms of compensation you are receiving such as social security, pension payments and workers comp
- Collecting benefits from different states simultaneously
- Lying about the reasons of becoming unemployed
- Working and continuing to receive unemployment benefits
- Giving wrongful information to qualify for unemployment benefits
Unemployment Insurance Fraud Committed Employers
Employers are committing unemployment insurance fraud when they try to deny benefits to a former employee for defrauding the EDD, these include:- Purposefully withholding deductions and failing to paying them to the EDD
- Intentionally providing wrongful information about the unemployment claim, such as why the employee was no longer working or about the wages the he was receiving
California Unemployment Fraud Investigation Process
The California EDD collects information mostly from public fraud report hotline and their field offices that gather unemployment fraud applications. After gathering information EDD assigns alleged cases to a special investigation unit. In case unit manages to find adequate evidence that fraud has taken place they are will file unemployment insurance fraud charges. If they don't get enough evidence they will drop the case or work for obtaining further information.Penalties for California Unemployment Insurance Fraud
Unemployment insurance fraud is considered a wobbler and can be charged as either a misdemeanor or a felony, based on the case circumstances, the amount of the fraud and the defendant's criminal history. Defendant can be charged either under Unemployment Insurance Code Section 2101 or California Penal Code Section 550 (PC 550).Unemployment Insurance Code Section 2101
Pursuant to the California Unemployment Insurance Code Section 2101 (a): It is a violation of this chapter to willfully make a false statement or representation, to knowingly fail to disclose a material fact, or to use a false name, false social security number, or other false identification to obtain, increase, reduce, or defeat any benefit or payment, whether for the maker or for any other person, under any of the following statutes administered by the department:Penalties for Misdemeanor Conviction: Unemployment Insurance Code Section 2101
Penalties for misdemeanor conviction for violating Unemployment Insurance Code Section 2101 include the following:- Up to one year in a county jail
- A fine up to $20,000.
Penalties for Felony Conviction: Unemployment Insurance Code Section 2101
Penalties for felony conviction for violating Unemployment Insurance Code Section 2101 include the following:- Sixteen months, two or three years in California state prison
- A fine up to $20,000
General Insurance Fraud: California Penal Code 550 (PC 550)
Penalties for Misdemeanor PC 550 Conviction
In case the total amount of the fraud is $950 or less the crime is considered a misdemeanor, punishable by:- Up to six months in a country jail
- A fine up to $1,000
Penalties for Felony PC 550 Conviction
- Two, three, or five years in a country jail
- A fine up to $50,000 or double the total amount of the fraud, whichever is greater
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Penal Code Section 459 Auto Burglary
According to California Penal Code Section 459, auto burglary is breaking into a locked automobile or any other vehicle or its trunk with intent to steal the vehicle, steal property from the vehicle or commit a felony inside it. In case a person is facing auto burglary charges, he/she can also face criminal charges of grand theft auto, petty theft or a felony offense.To Be Convicted of Auto Burglary Prosecution Must Prove
The prosecution must prove the following element for convicting a person in auto burglary:- Defendant entered a locked vehicle, and
- Defendant entered the vehicle with intent to commit a felony or the crime of theft.
California Vehicle Code Section 670
According to California Vehicle Code Section 670, a vehicle is defined as a device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved exclusively by human power or used exclusively upon stationary rails or tracks. In auto burglary cases, the most common forms of vehicles include cars, trucks, or motorcycles.California Penal Code Section 459 Breaking and Entering
California Penal Code Section 459 clearly states that the doors of the vehicle must be locked, meaning that a person must get inside to be convicted of auto burglary. Here are some actions that can be considered as breaking in a locked vehicle: smashing the window, using a tool to get inside a trunk, reaching into an open window to open the door. You are considered to have "entered" a vehicle in case any part of your body or any object goes inside of it. This means that you don't have to actually open the door and place your whole body inside the vehicle for committing auto burglary.Legal Defenses to California Auto Burglary Under Penal Code 459
There are many common defenses to an auto burglary charge include the following legal defenses.The Vehicle Wasn't Locked
One of the most common defenses to an auto burglary charge is to argue that the doors or the trunk of the vehicle weren't locked and there was no forced entry. Without proving this important element, a person can't be convicted of auto burglary.Lack of Intent
One of the main elements of auto burglary is intent to commit a California felony or theft. If a person simply entered someone else's locked vehicle with no intent to steal or commit another kind of felony he can't be convicted of auto burglary crime.Penalties for Auto Burglary Penal Code 459
Under California law auto burglary is considered a form of second-degree burglary which is a wobbler and depending on the circumstances of the offense and defendant's criminal history it can charged as either a misdemeanor or felony.- If the defendant is convicted of auto burglary as a misdemeanor, he can face up to one year in a county jail
- If the defendant is convicted of auto burglary as a felony, he can face of sixteen months, two or three years in a county jail
Auto Burglary of Inhabited Trailer in California
In case the defendant breaks into an inhabited trailer with the intent to commit a theft or felony he may be committed to first-degree burglary with the punishment of two, four or six years in California state prison.Get Help Defending Auto Burglary Charges from an Experienced Glendale Lawyer
Are you in need of legal assistance from an attorney for burglary charges in California? Dedicated Glendale criminal defense lawyers at KAASS Law are prepared to help you out! Get in touch with us now at {meta.phoneFormatted} or fill out the contact form below. - Read More
City of Glendale: Just Cause Eviction Ordinance
On February 12, 2019, the Glendale City Council adopted Ordinance No. 5922 which extends the "Just Cause Eviction" Ordinance by adding two new programs. These new programs consist of:
- "Right To Lease", according to which landlords must offer tenants a minimum one year lease at the time of a rent increase, and
- "Relocation Assistance" which gives tenants a right for relocation assistance from the landlord in case they decide to vacate a unit in response to a rent increase of more than 7% in a year period.
City of Glendale's Right to Lease Program
Right to Lease program was created for providing stability and minimizing the effects of displacement caused by extreme rent increases. Right to Lease obliges Glendale landlords to offer current or prospective tenants a written minimum 12 months lease, with an option to renew the lease with an additional year, where the rental rates and any increases during the rental term are set in the agreement. In case the Tenant rejects the offer of a written lease or does not accept the Landlord's offer within 14 days the offer shall be deemed rejected.
Rent In case the Landlord and Tenant enter into a written lease with a minimum term of one year, such lease must set forth the amount of the Rent, which may not be changed or modified during the lease year.
Just Cause Eviction Ordinance and Lease Renewal
Lease Renewal Not later than 90 days prior to the expiration of the lease the Landlord must notify the Tenant of the expiration and offer him a lease renewal with a minimum term of one year. The Landlord's renewal offer must provide notice of Tenant's potential eligibility for relocation benefits. Within 60 days of offer receipt, Tenant must either notify the Landlord in writing of his acceptance or reject the offer. Failure to accept the offer in writing shall be deemed a rejection
Future Offers. Any time a Tenant rejects a lease offer or lease renewal offer with a minimum term of one year, the landlord shall be required to subsequently offer a one year lease under the following circumstance: upon the first date the Landlord notices a rent increase after the first year anniversary of the Tenant's rejection of the prior lease or lease renewal offer.
Glendale's Just Cause Eviction Ordinance
Just Cause Eviction Ordinance protects tenants from illegal eviction and provides 12 reasons when the landlord can terminate the agreement with the tenant.
- The tenant has failed to pay the rent
- The tenant has violated lease agreement and failed to comply after being notified
- The tenant is committing a nuisance or is causing damage to the rental property or. A nuisance creates an unreasonable interference with the comfort, safety, or enjoyment of any of the other residents of the same or adjacent buildings.
- The tenant is using or permitting a rental property to be used for any illegal purpose
- The person in possession of the rental unit at the end of a lease term is a subtenant not approved by the landlord.
- The tenant doesn't give a landlord reasonable access to the property
- The landlord seeks in good faith to recover possession so as to demolish, or perform other work on the property if the work costs at least eight times the amount of the monthly rent and the work makes the property uninhabitable for more than 30 days
- The landlord seeks in good faith to recover possession of the rental unit for use and occupancy by: a) a resident manager b) the landlord or family member. c) tenants who require case management or counseling as part of the tenancy
- The landlord seeks in good faith to recover possession in order to remove the rental unit permanently from rental housing use.
- The landlord seeks in good faith to recover possession of the rental unit in order to comply with a governmental agency's order to vacate.
- The landlord seeks in good faith to recover possession of the rental unit in order to comply with a contractual agreement relating to the qualifications of tenancy.
- The tenant continues to smoke in the rental unit or in common areas where smoking is prohibited.
Situations Were Landlord Subject to Paying Tenant Relocation Assistance?
If an eviction is not caused by the Tenant's fault it is subject to relocation assistance under the Ordinance No. 5922
Relocation Assistance
Relocation assistance can be applicable to tenants if they choose to leave after receiving a rent increase over 7 % in 12 a twelve month period. Within five business days after receiving the written notice from the tenant with the intention to leave the rental unit the Landlord must pay the first half of the relocation assistance fee. The second half must be paid not later than in five business days after the Tenant has vacated the unit.
What are the Exceptions Just Cause Eviction Ordinance?
All rental units are covered by the ordinance, except:
- Single Family Homes
- Condominiums or Townhomes
- Duplexes
- Government Subsidized Units (Section 8)
- Accessory Dwelling Units (ADU)
Civil Litigation Lawyers in Glendale, CA
For more information concerning the new just cause eviction ordnance, contact our civil litigation lawyers today at {meta.phoneFormatted}.
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California Welfare and Institutions Code 10980 Welfare Fraud
Under California Welfare and Institutions Code Section 10980 welfare fraud is an act of unlawfully obtaining welfare benefits from the government by intentionally submitting false information or withholding relevant information or.Forms of Welfare Fraud Under California W&I Code 10980
According to California W&I Code 10980, defendant can commit welfare fraud in different forms, including:- Defendant deliberately misstated information for receiving benefits
- Defendant failed to provide relevant information for receiving benefits
- Defendant used more than one name when applied for the benefits
- Defendant filed numerous applications for obtaining multiple benefits
- Defendant purchased, used, transferred or possessed counterfeit food stamps
Types of California Welfare Fraud
Generally California welfare fraud can be classed to two main types: recipient welfare fraud or internal fraud.What is Considered as Recipient Fraud in California?
Recipient fraud involves any attempt to receive, secure, retain, or increase a benefit by means of submitting wrongful, incomplete or misleading information. Recipient fraud examples include:- Not reporting additional income or benefits.
- Claiming a fictitious or ineligible child.
- Claiming to be a single dad or mom when both parents actually live at the same residence.
- Collection benefits from two states at the same time.
What is Considered as Internal Fraud in California?
Internal fraud is committed by an employee of a government welfare agency. This occurs when the workers are unlawfully disbursing welfare benefits to themselves, their family members or friends.California Welfare Fraud Investigation Process
Prosecuting agencies in California receive welfare fraud cases from different sources, as public hotlines and websites, local agencies and any other agencies that suspect welfare fraud. Welfare fraud investigations start from gathering evidence and information in welfare fraud cases, including:- Contacting and speaking directly with welfare benefit recipients
- Contacting and speaking with family members, friends, co-workers, employers
- Examining welfare benefit applications and person's income trends.
- File criminal charges under WIC Section 10980
- Return the case to the investigator for gathering more information,
- Reject the case
Penalties for Welfare and Institutions Code 10980 Conviction
According to California WIC Section 10980, welfare fraud is a wobbler and can either be filed as a misdemeanor or felony crime and the type of charges depend of the value of benefits defendant's criminal history.False or Misleading Statements in Welfare Fraud
In case the defendant made false or misleading statement for obtaining benefits, he will face:- Up to six months in a jail and
- A fine of maximum $500
Fraudulent Application in Welfare
Defendant will be convicted for feeling fraudulent application in case:- He has filed multiple applications,
- He has applied for benefits under a fake name or false identification or
- He has filled application for a fictitious person
Penalties for Felony Welfare and Institutions Code 10980 Conviction
Fraudulent application can be charged as a misdemeanor or felony offense. Penalties for felony Welfare and Institutions Code 10980 conviction include:- Sixteen months, two or three years in a county jail,
- A fine up to $5,000
Penalties for Misdemeanor Welfare and Institutions Code 10980 Conviction
Penalties for misdemeanor Welfare and Institutions Code 10980 conviction are the following:- Up to one year in a jail,
- A fine up to $1,000
Fraudulently Obtaining or Retaining Benefits
In case the total value of the benefit is $950 or less obtaining or retaining fraudulent benefits is a misdemeanor, and is punishable by:- Up to six months in jail,
- A fine up to $500
- Sixteen months, two or three years in a county jail,
- A fine up to $5,000
California Food Stamp fraud
Selling, buying, or misusing food stamps is a misdemeanor in case the amount involved was $950 or less, punishable by- Up to six months in a jail
- A fine up to $500
- Sixteen months, two or three years in a jail
- A fine up to $5,000
California Welfare Fraud Defense Lawyer
Our California welfare fraud defense lawyers are here to answer any questions If you or a loved one has been charged with Welfare and Institutions Code 10980 and you would like to discuss your case confidentially with one of our criminal defense lawyers at {meta.phoneFormatted}. - Read More
California Penal Code 451 & 452 Arson
California Penal Code Sections 451 and 452 address the crime of arson. It is illegal to willfully, maliciously or recklessly burn a property, forest, a piece of land or a structure, or to assist another in committing the same act. A person can also be charged with arson if he set fire at own property in an attempt to commit insurance fraud.California Penal Code 451 Malicious Arson
The prosecutor must prove the following element to charge a person under California Penal Code Section 451 "malicious arson"- Defendant set fire to or burned a property, forest, a piece of land or a structure ( it is not necessary to destroy or damage the entire object, damaging even a small part is enough)
- Defendant did so maliciously and willfully
California Penal Code 452 Reckless Arson
The prosecutor must prove the following element to charge a person under California Penal Code Section 451 "reckless arson"- Defendant set fire to or burned a property, forest, a piece of land or a structure
- Defendant did so recklessly
Penal Code 452 Describes "Recklessly"
- Defendant was conscious that his actions present a significant and unjustifiable risk of causing a fire
- Defendant ignored that risk
- Doing so was a gross departure from what a reasonable person would have done in a similar situation
Legal Defenses to California Penal Code 451 or 452 Arson Charges
The fire was an accident If a person can prove that the fire started accidentally, was absolutely an unintended and went out of control, he won't be considered guilty of these crimes. There are situation when a person unintentionally created high risk of a fire, but was unaware of the risk because was impaired or voluntarily intoxicated (was drunk or on drugs as a result of his own actions). Though the person was incapable of understanding or appreciating the risk that will not serve as a defense to California Penal Code Section reckless burning charge. Lack of Sufficient Evidence Most arson cases are built with only on circumstantial evidence, with no witnesses. The physical evidence does not show the person started a fire, this make the prosecutor's case very difficult to prove. The fire was not the reason of arson Before a person can be convicted of arson, the prosecution needs to prove that arson even took place. Arson is a crime which requires very sophisticated technical investigation.Penalties for California Arson Conviction
Penalties for California arson charges vary a great deal, depending on: the nature of the burned property, the defendant's criminal history and whether someone was injured as a result of the fire.Penalties for Penal Code 451 Malicious Arson Conviction
Under PC 451 malicious arson is always a felony, punishable by imprisonment in the California state prison. The potential prison terms are:- Sixteen months, two three years for malicious arson of personal property;
- Two, four or six years for malicious arson of forest or a structure;
- Three, five or eight years for malicious arson if an inhabited building was burned
- Five, seven or nine years if the arson caused great bodily injury to the victim
- Fine of up to $10,000 to all types of malicious arson
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Cal/OSHA Safety Requirements: Stairways, Ramps, and More
California safety requirements for the construction of stairways, ramps, stair rails which is governed by the California Code of Regulations.Guidelines Regarding Construction of Stairwells and Stairs Under California Code of Regulations
There are several guidelines regarding the construction of stairwells and stairs in the California Code of Regulations, (Chapter 4. Division of Industrial Safety, Subchapter 4. Construction Safety Orders) Article 17 on Ramps, Runways, Stairwells, and Stairs. In this blog, we will simplify the regulations listed by Cal/OSHA, so that you can ensure that your property abides with all safety requirements. When stairways, ramps, stairwells and so forth are not constructed accordingly, an injured party maybe file a premises liability claim against the property owner for damages suffered. Therefore, ensuring your property is up to California safety standards is vital.California Stairway Construction Requirements
Before moving on to the specifics of stairways used during construction and stair rails/hand rails, a general guideline for all stairways requires them to be, at least 24 inches in width and fortified with stair rails, handrails, treads, and landings. In addition, all railings and toe boards should meet the requirements listed in Article 16 of the California Code of Regulations. Article 16 describes all safety measures for design and construction of railings and toe boards (§1620, §1621).What are the Requirements for Design of Stairways Used During Construction in California?
According to the California Code of Regulations, the requirements for the design of stairways used during construction are as specified:- Temporary stairways used during construction (not meant to remain a permanent part of the property) are also required to be 24 inches in width and must have landings at each floor, or level, of at least 30 inches deep (in the direction of travel) and 24 inches wide at every 12 feet (3.7 m) or less of vertical rise. Workers must not use spiral, temporary stairways on location.
- The stairways must be installed between 30 degrees to 50 degrees from horizontal.
- The riser height and tread depth must be the same within each flight of stairs, and should not exceed 1/4 inch (0.6 cm).
- If a stairway is placed near a door or gate opening, the stairway must have a platform between the swing of the door and the stairs of no less than 20 inches (51 cm).
- All sides of the stairway must have railings.
- Metal pan landings and metal pan treads must be secured in place before filling with concrete, or any other fortifying material.
- The stairway must be free of dangerous, hazardous objects ( ex. jutting nails). In addition, if the stairway is slippery, this condition must be fixed before its usage.
What are the California Regulations for Stair Rails and Hand Rails?
The following general requirements by the California Code of Regulations apply to all stair rails and hand rails:- A stairway with four or more risers, or rising more than 30 inches (76 cm), must be fortified with: one handrail (minimum requirement) and a stair rail, top rail, and mid-rail, along each unprotected side. The stair rails and hand rails should be incorporated as to prevent injuries of the employees, provide an adequate handhold, and prevent the tearing of clothing; or any other punctures or lacerations. In addition, the stair rails, handrails and mid-rails must be constructed so as not to create hazard.
- Handrails and top rails of the stairs must be able to endure, clearly without failure, at least 200 pounds (890 n) of weight when applied within 2 inches (5 cm) of the top in any downward or outward direction, at any point along the top edge.
- The height of the stair rails should not be less than 34 inches and should not exceed 38 inches from the upper surface to the tread.
- In the case that the top edge of the stair also serves as a handrail, the height should be at least 34 inches, and no more than 38 inches from the upper surface of the stair rail to the surface of the tread.
- Mid-rails should preferably be located at a height midway between the top edge of the stair rail and the stairway steps. In addition, when materials such as screens, mesh, or others used in mid-rails, they are required to extend from the top rail to the stairway step; ensuring that there are no openings in the stair rail of more than 18 inches (46 cm) wide.
- In the case of spiral and winding stairways, these must be equipped with a handrail to prevent walking on areas were the tread width is less than 6 inches (15 cm).
- If a handrail has been placed as part of a temporary structure, it must have a minimum clearance of 3 inches (8 cm) between the handrail and walls, stair rails, and other objects.
California Regulations for Temporary Service of Stairways
The California Code of Regulations also describes the temporary service of stairways. The following are to be monitored at all times, except during stairway construction.- Individuals must stay off the stairway with pan stairs where the treads and/or landings are to be filled with concrete or other material.
- Individuals must stay off the ‘skeleton' of the stairway, such as metal stairs, where the permanent treads/landings are to be installed, unless the stairs are to be secured temporarily with solid material long enough to cover the entire skeleton area.
- In addition treads for temporary usage must be made of wood or any other solid material that will withstand weight, and cover the full width and depth of the stair. These must also be replaced when needed (usually below the level of the top edge of the pan).
Glendale Construction Business Lawyers
If you have any questions regarding proper safety measures on the construction of stairwells and stairs, abiding with the California Code of Regulations, please do not hesitate to contact one of our very skilled, dedicated, and knowledgeable lawyers. We know that these very specific, and sometimes confusing, regulations are complex; thus, it is for this reason that we recommend talking with one of our experienced Glendale business law attorneys whom are experienced in will assist you in ensuring that your property stands with the law. - Read More
Attorney-Client Relationship Conflict of Interest
Oftentimes, when we think of the relationship between an attorney and their client, we simply assume that there are little to no complications as the relationship ought to be fairly straightforward. It is a professional relationship that confers with it a certain amount of trust and loyalty.California Attorney-Client Relationship
In other words, the client and the lawyer have entered into an understanding in which they have agreed to work together for a particular dispute, issue, or case. As a result of this agreement, whatever is in the client's best interest becomes the lawyer's objective responsibility to determine, advise, and inform throughout the entirety of their client-lawyer relationship.Can a California Lawyers Represents Two Clients at Same Time With Opposing Interests?
Since the client's best interest becomes the lawyer's responsibility, it is that lawyer's legal duty to do everything in their power to help the client. As such, it makes sense that a lawyer cannot have two clients at the same time whose interests are not aligned. In other words, there cannot be a conflict of interest between the clients that the lawyer represents, otherwise there may be a high chance that the lawyer will not be able to fulfill their loyalties and legal duties to those clients. A lawyer is not allowed to misrepresent or conceal the dual representation. Simultaneous conflicts of interest can result from the lawyer's responsibilities to another client, a former client, or a third party or from the lawyer's own interests.Conflict of Interest Between Attorney-Client Relationship
In the event that a conflict of interest arises between a lawyer and their clients, there are already established rules that the attorney must follow. Firstly, the lawyer must clearly identify the client or clients that this conflict affects or may affect. Then, he must determine whether or not a conflict of interest does exist as well as whether or not he can still represent the client despite the existence of the conflict by means of written, informed consent. While it may sound counter-intuitive at first, a lawyer can, in certain circumstances, represent two clients whose interests are not necessarily perfectly aligned–if and only if they both consent to it after being informed of the risks and challenges that may come about due to that representation.Can a Conflict of Interest Exist Before Attorney-Client Representation is Established?
The complications to the issue of conflict of interest mainly come up due to the fact that a conflict of interest can exist before representation is established, during the client-lawyer relationship, and even potentially after it is over. The reasons for this vary widely but generally it is always the responsibility of the lawyer or law firm to do their own internal research and determine whether or not it is legal, advisable, and safe to offer up representation of a client. Furthermore, as a general rule it is not favorable nor ideal to be represented by a lawyer or law firm that has a client whose interests do not align with yours.Can a Attorney Receive Informed Consent of The Involved Clients to Avoid Conflict of Interest?
If the conflict cannot be resolved by means of informed consent of the involved clients, then it is expected that the lawyer withdraw from the representation. One of the core aspects of being a lawyer is to faithfully represent a client and all of their best interests once the client-lawyer relationship gets established and, as such, if an unresolvable conflict of interest arises, then it is only natural for the lawyer to withdraw from the representation. If he does not, then he cannot faithfully represent his client or clients and that goes contrary to the ethos of the profession.California Conflict of Interest Lawyer
Our lawyers in Glendale, Los Angeles, CA, at KAASS Law believe in the integrity that comes with the legal profession and we stand to uphold it at all costs. We thoroughly search our database to avoid such problems and we work with clients to ensure their needs and interests are always met. In the event that you feel you may have been represented by a lawyer or law firm who failed to inform you of a conflict of interest or who deliberately took on your representation regardless, we encourage you to give us a toll free call at {meta.phoneFormatted} to speak to our defense attorneys today. We will fight to right the wrongs of other malicious firms or lawyer and we stand by our client's best interests always. At KAASS Law, we know exactly where our loyalties lie–with our clients. - Read More
California Penal Code 332 Gaming or Gambling Fraud
California Penal Code Section 332, gaming fraud or gambling fraud is obtaining another person's money or property through use of any game, device, sleight of hand, pretensions to fortune telling, trick or any instrument. Gaming or gambling fraud falls under and is considered as theft crime in California. The California Penal Code, under section 332 establishes the elements that the prosecution must prove to a conviction someone of this crime, the main requirements are the following:- Acted with action intent to defraud another person's.
- Obtain money or property.
- Through "three card monte", betting, gambling or pretensions to fortune-telling.
- Defendant fraudulently obtain another person's money or property;
- Defendant did so by use of any game, device, sleight of hand, pretensions to fortune telling, trick or any instrument. It is not prohibited to play the games, in case a person commits a fraud and got money from other one through a game in an unlawful manner.
"Acting Fraudulently" in California Game or Gambling Fraud
Acting fraudulently means acting dishonestly and with bad faith, as cheating, misleading and otherwise gaining an unfair advantage for the victim. In case a person won in a game, without playing tricks he can't be guilty of game fraud. Defendant must be involved in a game where the victim doesn't have a chance to win as a result of the game. An important element of the legal definition of gaming/gambling fraud is that the defendant must win money or property from the victim.What is Considered as "Property" for Purposes of California Penal Code Section 332?
California Penal Code Section 332 acknowledges that games do not always include cash, or other tangible property. Property for purposes of Section 332 includes chips, markers, tokens, or anything else which has a monetary value.Legal Defenses to California Penal Code 332
Common legal defenses to California Penal Code 332 include the following:- Lack of intent to defraud
- First amendment defense
Penalties for California Penal Code Section 332 Game/Gambling Fraud
Potential penalties for California Penal Code 332 gaming or gambling fraud depend on the monetary value of the property that the defendant obtained from the victim. If the money or the total value of the stolen property is $950 or less the gaming/gambling fraud can only be charged as a misdemeanor. In case the total value of the property is more than $950 then the fraud is treated as a wobbler and can be charged as either a misdemeanor or a felony.Penalties for California Penal Code 332 Misdemeanor Conviction
Potential penalties for misdemeanor Penal Code 332 gaming or gambling fraud conviction in California include the following:- Up to six months in a county jail in case the value of property is $950 or less,
- Up to one year in a county jail in case the value of property is more than $950; and/or
- Fine of up to $1,000
- Misdemeanor probation
Penalties for Felony Penal Code 332 Conviction
Potential penalties for felony Penal Code 332 gaming or gambling fraud conviction in California include the following:- Sixteen months, two or three years in a county jail and/or
- Fine up to $5,000 for a first offense, or up to $10,000 for a second or subsequent offenses
- Felony probation
California Gambling Defense Lawyer
Our California gambling defense lawyers are here to answer any questions If you or a loved one has been charged with Penal Code 332 PC gaming or gambling fraud and you would like to discuss your case confidentially with one of our California criminal defense attorneys, do not hesitate to contact our criminal defense lawyers at {meta.phoneFormatted}.