What is CLETS?

California Law Enforcement Telecommunications System

In other words, CLETS is the computer network database used by law enforcement and criminal justice agencies to obtain a person's criminal history, criminal record and driving record information. This database is maintained and updated by the FBI, DMV and other government agencies.

CLETS information is highly sensitive; therefore; only authorized personnel have access to it. The database also connects law enforcement agencies to:

• The International Justice and Public Safety Network database,
• The Criminal Justice Information Services,
• The National Crime Information Center and
• DMV Records.

These networks allow for all law enforcement agencies to have a way to communicate. Most police vehicles are equipped with a mobile data terminal that connects them to the CLETS network from the car.

What Is a CLETS Order?

If you have heard of a CLETS Order, you might be referring to different types of restraining orders. They have this name because they are entered into the CLETS database. A CLETS Order can be anything from:

• Civil Harassment restraining orders
• Elder abuse or dependent adult restraining orders
• Domestic Violence restraining orders
• Workplace violence restraining orders.

Can There Be Misuse of CLETS?

With the amount of data and information stored in CLETS, it is necessary that there are limitations to when you can access certain information. Instances of misusing CLETS can include:

Is It Against the Law to Violate a Quarantine Order in California?

Health and Safety Code 120275:

What Are the Penalties for Violating a Quarantine Order?

• Fine up to $1000
• Up to a 6-month sentence in county jail or
• Misdemeanor probation granted by a judge.

Is There Defense Against a Violation of Quarantine?

• Violation of your to freely associate.
• Violation of your right to exercise religion
• Violation of your right to travel across states

Other Information Regarding HS 120275

• Convictions under HS 120275 may be expunged given that the defendant has paid their fines, served their sentence, or have been placed on probation.
• Convictions under HS 120275 does not have negative consequences against immigration, although sometimes in California, convictions result in deportation or denial of future entry to the U.S.
• Convictions under HS 120275 does affect the future gun rights of the defendant.

Possible Related Charges

• HS 120290 intentional exposure to infectious disease
• Penal Code 408 unlawful assembly, and
• Penal Code 415 disturbing the peace; which can include loud music, fighting, or loud swearing.

Can a California Felon Be in Possession of a Firearm?

California statute Penal Code 29800 makes it a felony offense for a convicted felon, or wanted felon, to be in possession of a firearm.

29800 PC states that "Any person who has been convicted of, or has an outstanding warrant for, a felony under the laws of the United States, the State of California, or any other state, government, or country...or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony."

Under this statute, any person convicted or wanted for a felony offense, may not possess a firearm, or they will be in violation of Penal Code 29800. This statute also applies to those who are addicted to any narcotic drug, and previous firearm offenders.

• Addiction requires a physical and emotional dependency on a narcotic drug; with an increased tolerance to the narcotics effects.
• Previous firearm offenses include:
  • Brandishing a firearm on more than two occasions, and a conviction for the violent use of a firearm.

What Are the Penalties for Violating California PC 29800?

Penalties for a conviction under Penal Code 29800 may result in:

• A sentence of up to three years in the county jail and
• A fine of up to $10,000
• Possible award of felony probation in lieu of jail time by a judge.

What Are the Legal Defenses of a Felon in Possession of a Firearm?

Defendants can argue against a charge for violation of this statute by proving momentary possession, justifiable possession and illegal search and seizure.

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What Is the Fair Housing Act?

The Fair Housing Act (FHA) makes it illegal for various real estate and lending institutions to take part in discriminatory practices against certain groups of people. The entities and occupations that are subject to FHA regulation include but are not limited to:

• Real estate companies and their agents
• Landlords
• Banks and lending institutions
• Municipal/Local governments
• HOA's
• Home insurance companies

All of these institutions are banned from discriminating on the basis of several characteristics. They are:

• Sex/Gender
• Race/Color/Nationality
• Religion
• Disability
• Familial status (families with children)

What Kind of Activity Is Illegal Under the FHA?

Put simply, the FHA aims to require institutions in the real estate industry to treat people equally, and not discriminate based on the previously mentioned characteristics. In all aspects of real estate, including buying and selling homes, lending home loans, renting properties, and the advertising of real estate services, there are discriminatory practices that are outlawed by the FHA.

The FHA makes it illegal for all of it's included institutions to discriminate on the basis of race, sex, religion, disability, or familial status when:

• Choosing who to buy or sell a home to
• Negotiating offers on a property
• Setting the terms of the offer/sale
• Providing services (parking spots, gym usage)
• Charging rent on a property
• Evicting tenants
• Maintaining a rental property
• Choosing which units each tenant will live in
• Showing people where to buy homes (steering)
• Loaning/Setting terms of mortgages
• Appraising a property
• Advertising properties to people

Some Examples of FHA Violations:

• An owner of an apartment building with a gym refuses to allow disabled people to use it for fear of making others uncomfortable

• A real estate agent who is selling a house decides to accept a lower offer from a Christian family, when other non-Christians made higher offers

• A mortgage lender charges racial minorities with higher interest rates, claiming that their loans are riskier to give out

How Do I Take Legal Action if I Was Discriminated Against?

You have the option to directly sue the entity that discriminated against you. If you do so, you will be entitled to compensation for any hardship or injury that the discrimination may have caused you.

There is also the option to file a complaint with the federal Department of Housing and Urban Development. You can do it on their website or mail it to them. The complaint should include:

• Your name and Address
• Who discriminated against you, and their address
• A description of what happened and why you believe your rights were violated
• The dates of the alleged discrimination

Fair Housing Act and Discrimination in Real Estate Attorney

Do you feel like you or a loved one have been discriminated against by a real estate agency or licensee? Get in touch with our law firm KAASS Law for legal assistance right away.

Closing on a house is the final step before the house legally becomes the buyer's. The process involves the buyer signing off on the deal and transferring the last of the funds to the seller. At the end of close, the deed will be recorded, and the home will then become the buyer's.

When Does Escrow Close?

In California, an escrow in California is officially closed the day the Grand Deed is recorded in the official records at the County Recorder's office. When the deed is date-stamped by the County Clerk, Property ownership transfers from the seller to the buyer.

Seller's Responsibilities During Closing

Sellers have obligations to fulfill under the sales contract of selling their home. Some seller's requirements include:

• Remove all possessions from the property such as furniture and appliances that are not specified to stay under the contract.
• Make any repairs agreed to make, such as fixing the roof, the windows, or floors.
• Clean the home right before the closing date.

Sellers Can Do but Not Obligated to Do

Sellers can also consider doing the following, though not obligated to do so:

• Notify subscription services, creditors, and acquaintances of seller's new address and set up mail forwarding.
• Collect any manuals and warranties had for items in the home, such as the HVAC system and any appliances that will be left behind. These should be left on the kitchen counter for the buyer, along with any spare keys and garage door openers.
• Shut off water valves to prevent any leaks between the time the buyer takes possession and the time they actually move in.

Buyer's Responsibilities During Closing

• Make an earnest money deposit into an escrow account, where funds allocated for closing costs will be held by a third party until the closing date. An escrow account is the initial fund that a buyer is asked to put down once a seller accepts the buyer's offer. It shows not only that the buyer is serious about buying, but that they are also willing to put their money where their mouth is.
• Provide any documentation and information requested by the lender in the loan underwriting process.
• Obtain homeowners insurance. Many mortgage lenders require evidence of coverage to approve the loan.
• Search the title of the property to determine the seller is the owner and no liens or legal liability exist.
• Sign all closing documents, including the final mortgage documents.
• Pay remaining closing costs after the down payment's credit to the escrow agent.
• Arrange for utilities to be transferred into their name effective on the closing date.
• Perform a final walk-through inspection to make sure all required repairs have been made and that the property is clean and damage-free.

What Is Toxic Mold and How Do I Know My Property Has It?

Toxic mold is a type of fungus that commonly grows inside people's homes and can cause serious problems for both the property itself and those living in it.

Mold tends to grow in places that have a buildup of moisture, where the fungi can live more easily. Properties that have poor air circulation, have a lack of ability to dry themselves, or those that are located in humid areas are most vulnerable to mold.

Toxic mold can be visible to the human eye, but it also can accumulate inside walls or in hard-to-see areas. Some signs that your home contains mold include:

• Dirty water stains on the surface of walls, floors, and/or ceilings
• A musty odor, similar to that of a sweaty sock
• Moisture or liquid buildup
• Discoloration or rotting of walls, floors, and/or ceilings

Letting mold accumulate, whether visible or invisible, will cause physical damage to your home. It can discolor surfaces, leave unpleasant odors, and most importantly, the existence of mold can allow for other types of fungi to live alongside it. This means your home will be vulnerable to structural damage and rotting of wood specifically.

How Can Toxic Mold Be a Health Hazard?

In addition to being a risk to your property, toxic mold is also a serious health hazard to humans and animals. Less severe mold accumulation can cause flu or common cold-like symptoms, while severe cases can cause more dangerous health effects. Some of these include:

• Trouble breathing/Wheezing
• Dry Cough
• Irritation of eyes
• Congestion
• Fungal infection requiring hospitalization

My Apartment Has Toxic Mold in It, What Should I Do?

In order to take legal action against your landlord for the existence of toxic mold, you must prove that your landlord failed to address the issue and did not provide you with a reasonably habitable dwelling. For example, if your landlord knew of the mold and made a lease agreement with you anyway, or you told them about the mold and they did nothing about it for months, these could be legitimate reasons to sue them.

If you decide to bring a lawsuit to the property owner, you can be compensated for all damages related to the existence of mold. These may include:

• Injuries to yourself or health issues you had because of the mold
• Damage to your belongings
• Lost wages
• Pain and suffering

It may also be the case that because your landlord failed to address the toxic mold, you were forced to move out to avoid further suffering. This is a type of "constructive eviction," meaning that your landlord indirectly made you leave the apartment by creating uninhabitable conditions. If this is the case, you may be able to recover rent that you paid during the months where mold was present.

Landlord Tenant Attorney in Glendale

If you or a loved one believes that their home contains toxic mold and or have suffered damages due to toxic mold in your home, we invite you to contact our landlord tenant attorney at {meta.phoneFormatted} for a consultation.

What Are the Polygraph Laws in California?

A polygraph test, otherwise known as a lie detector test, allows the defendant to be questioned and examined to determine whether or not he/she is being honest. This device watches for biological changes that indicate when a person lies and when they tell the truth. California law allows for the admission of a polygraph test in court when all parties consent to using it as evidence.

Are Polygraph Tests Accurate?

Many people are under the impression that a lie detector test, if passed, allows for acquittal of charges. This is false because these tests are not reliable. These machines record changes in area like:

• Breathing
• Heart Rate
• Blood Pressure
• Perspiration

Stress alone can make these levels fluctuate, and the pressure of a polygraph test can cause skewed results even if the person taking the test is telling the truth.

A polygraph test cannot be used as evidence in a jury trial unless the prosecutor and the defense attorney agree to use it as evidence. It is advised that no one take a polygraph test without first consulting a criminal defense attorney.

Can You Take a Polygraph Test Outside of Court?

Yes. In certain cases, a defendant can go out on their own to take a private polygraph test. These test results, if they come back truthful, can be then handed over to the prosecutor in an attempt to have the case dismissed. Taking a private polygraph test is recommended when:

• Trying to dismiss a charge during the pretrial process.
• Attempting to persuade the prosecutor to consider a second examination during trial.
• Convincing the defendant to enter into a plea bargain or no contest.

A private polygraph test can cost between $200 and $2000

Can Your Employer Make You Take a Polygraph Test?

In California, the law forbids private employers from making employees take a polygraph test, California Labor Code 432.2 LC.

It does not matter if the test is administered for employment or continued employment, employers cannot force an employee to take one. Federal law also prohibits employers from subjecting employees to these tests under the Employee Polygraph Protection Act of 1988 (EPPA).

A polygraph test can be administered in the workplace only if the employee requests to take the test and that they are advised of their rights before taking the polygraph test.