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Published August 28, 2017

What Happens When You Post Bad Things on Social Media

Another day, another story about someone posting incriminating content on social media.

A few weeks ago, two Massachusetts teenage girls put an 8 month old baby, whom they were babysitting, in a refrigerator, closed the door, and laughed. The girls recorded their actions and posted the video on Snapchat, a popular social media app that allows users to share images and video instantly with friends and the community where it lives for 24 hours before it disappears automatically. In the video, the baby could be heard screaming from behind the closed refrigerator doors.

The police got wind of the incident, viewed the footage, and subsequently arrested the two minors. The girls are now charged with child endangerment, and assault and battery with a dangerous weapon. After appearing in juvenile court, they were released back to their parents.

Social media is not a place to post content like this. Not only is it disturbing for others to look at, but it also displays the illegal actions people are taking. It shows other lives being put in danger while incriminating those who are behind the crimes. Disturbing content like this is flagged and taken down by the social media company as soon as they possibly can. However, within a few minutes, something on social media can go viral, especially something as disturbing as this.

The teenage girls are minors and prosecutors decided not to try them as adults in court. So, the girls stood in juvenile court and were then released to their parents’ custody. If it was an adult who was being tried in court, they would not be released back to their parents’ custody after one court hearing.

Published August 28, 2017

You can Be Fined for Crossing the Street During the Countdown

Believe it or not, a person is violating the law if they cross the street in the intersection when the hand is flashing with a countdown. Many Californians do not realize, or they forget, that it is actually illegal. They believe that they merely have that countdown left to get across the street safely. Actually, pedestrians may only legally cross the street when the signal shows the human figure.

Samuel Chu is learning this law the hard way. He was given a $202 citation from an officer for stepping into the street when the crossing sign was counting down.

In fact, it is not uncommon for officers to issue these citations. It simply is not widely reported, which is why citizens may not know the law. Over the last 4 years, Los Angeles police officers issued 17,000 such citations.

Now, a couple of Los Angeles politicians are looking to change up the law so that pedestrians are not slapped with such an expensive ticket for such a minor offense. Councilman Jose Huizar and Assemblyman Miguel Santiago are pushing to ratify the law and let pedestrians legally continue crossing the street until the flashing light ends and the hand stops. As expected, there are pros and cons on both sides that are to be evaluated before any changes are made, which likely would not be for some time anyway.

A citation like this is often unexpected because most people who are given one do not realize they are violating the law. To them, they are merely crossing the street in the intersection as they should be. Nonetheless, it is against the law to cross the street when the signal is flashing.

Published August 28, 2017

Sports Rivalries are Fun, but Must Not get out of Control

It is an exciting time of year for sports, specifically baseball and football! Baseball is nearing the post-season so fans of winning teams are showing their dedication daily. Plus, football season kicks off soon. Could it get any better?

The love for the game is half the fun, the other is getting to boast with pride to losing teams and opponents. These are friendly rivalries and jabs that contribute to the fun of the game, but when it gets out of hand, it can really ruin the experience for everyone.

One of the biggest stories that caught state-wide media attention was about an altercation that blew up happened a few years ago. The fight was between opposing fans of one of baseball’s greatest rivalries: the Los Angeles Dodgers and the San Francisco Giants. After a game at Dodger Stadium, opposing fans approached each other arguing. The verbal argument turned into a brawl that left a Giants fan in a coma. Today he is alive, but has permanent injuries. Those involved did have alcohol in their system, which certainly played a part in ramping up their adrenaline.

Both baseball teams condemned the incident. No sport supports fights between fans. Verbal exchanges should be as far as it goes. When it gets physical, people get injured and arrested, and it gives a bad name to the team, the city, and the other fans who were not involved.

Those who get arrested face fines and prison times, a price to pay that is far more expensive than the cost of their game ticket. All in all, during this time in baseball and football, as excited and amped up as the fans want to get, they must keep themselves under control and not let someone else’s boos get the best of them.

If they are arrested, they certainly will not be able to catch the next game if they are in jail. They would need to post bail first, which can take a little bit of time depending on how much they owe and how quickly they can pay it. For bail assistance, contact Apple Valley Bail Bonds at 760-247-4444.

Published July 23, 2017

Punishments for Identity Theft

Identity theft is a very serious crime to commit because it can cause quite a big problem for the victim in multiple ways. It can take them a lot of time, money, and energy, to get things fixed and straightened out for themselves.

Identity theft is when someone’s personal and sensitive identification information is used by another individual or group. The person, whose identity is stolen, never consented to have their information used to obtain goods, services, and other information. The most common forms of identity theft are when:

• Someone uses another person’s credit card information to complete a purchase for themselves.
• Someone attempts to escape criminal liability by identifying themselves to authorities as another person.
• Someone intends their victim to suffer financial or emotional loss by taking on their identity.

In California, identity theft can be punished as a misdemeanor or a felony, depending on the circumstances. If someone is charged with a misdemeanor, then they can be put into jail for up to 1 year and pay a fine of up to $1,000. If they face a felony charge, then they are facing up to 3 years in prison and up to a $10,000 fine. Furthermore, if that person faces federal prosecution, they are looking at up to 30 years in prison and a bigger fine.

In order to best protect yourself against identity theft, keep personal documents with sensitive identification information secured away, such as bank information, passports, and social security cards. Do not provide this information to others through email and over the phone if you are unsure or the service does not require it. It could be someone phishing for your information. If you believe your identity has been stolen or compromised, contact authorities immediately so they can investigate the matter.

Published July 23, 2017

What Expunging a Record Means

To expunge a criminal record is to essentially erase or remove a prior conviction from your record so that others who conduct a background search on you cannot view it. Expunging a criminal record is not only to ease the individual’s mind and conscience, but it also means that they can worry less when a prospective employer or landlord does a background check before making a hiring or rental acceptance decision. In fact, if a record is expunged, the person does not even have to discuss it because an expunged record is like it does not exist.

Defendants may be eligible to apply to have certain misdemeanors or felonies expunged from their criminal record. There are some requirements to meet first, including completing probation for the offense and having not served time in prison. They also must not currently be charged with a criminal offense. Anyone who has been convicted of certain sex crimes involving minors are not eligible to have their record expunged.

To apply for a record expungement, a person will have their case analyzed, and they will need to be updated on the current and relevant law. Paperwork will need to be filed within the proper time frame, and there will be a court hearing to attend. This is when they will learn if the judge grants expungement.

There are benefits to having a record expunged that bring the individual relief. This includes having greater chances at securing employment, being allowed to obtain a professional license, not being impeached by this record as your credibility as a witness, and more. At the same time, there are certain things the expungement will not do for the individual, and this includes restoring gun rights, not having to register as a sex offender, and overturning a suspended license.

If you believe your loved one is eligible to have a criminal record expunged, talk to your lawyer and they will be able to better advise the opportunity.

Published July 23, 2017

Should Body Cam Footage Be Released to the Public

Excessive force and authority is a constant topic in today’s news. This alongside the discussion of officer’s wearing and using body cameras that will provide additional evidence in the most critical and high profile cases. Most notably, incidents that result in the officer killing the person they pulled over or stopped on the street. There has been public outcry for such incidents, with the public demanding justice and the footage of police body cameras. Well, California could be one step closer to that.

A bill was introduced earlier this month that would make police body camera footage view-able to the public if it is considered to be of public interest. This would be incidents where police force is used, or when there are political protests that turn violent. There is a level of distrust between the public and the law in many communities where the people do not feel protected by those who are sworn to protect them. The bill aims to change that.

Currently in California, there is no statewide rule that says all police officers must wear and use body cameras. There is also no statewide rule that says footage can or cannot be released to the public. Instead, it is up to local law enforcement decision. Many police departments now require their officers to wear body cameras; others are testing them out. Body cameras are becoming more routine with departments. Although this has gained some traction, the accessibility of the footage is still the part that is mostly up in the air. Some departments do release footage to the public, but others do not.

Other states are also in the same boat as California, trying to figure out the best solution to remedy the relationship between the public and the police when it comes to these high profile cases of police brutality and force.

The California bill, introduced by a Bay Area assemblyman, will need to clear both houses of the Legislature before mid-September.

Published July 23, 2017

Save a Dog from a Hot Vehicle

In California, it is legal to break into a stranger’s car in order to save a dog that is trapped and suffering, but it is still illegal to do so to save a child. Last year, California implemented a law that protects the individual from civil damages if they save a dog. However, California has yet to figure out and implement laws that would protect the individual if they did this to save a child.

This does not mean that a person can break into a car to save a dog anytime they want. It is only forgiving under certain conditions, and the individual is only protected if they comply with certain rules.

On any given day, the temperature inside a vehicle is higher than the temperature outside. Now, think about conditions if the outside temperature was 85 degrees on a summer day. If a dog is locked inside the vehicle, then a person can consider breaking in to save the dog if it is suffering. The person has to be sure that there is no other way to get the dog out and the owner is nowhere to be seen. In other words, this Good Samaritan has to be sure that they have exhausted all other methods to save the dog.

If they break into the car to save the dog, they will need to alert the cops of the incident and stay at the scene until the cops arrive so they can provide their statement. If the good samaritan does all of this, they will be protected from charges. If they neglect even one thing, especially staying after breaking into the vehicle, they may be charged.

If you are the owner and have a dog or a young child with you on a hot day, and you need to park your car to run a quick errand, it is best to bring your child with you. If the store is pet-friendly, bring the pup, or at least leash him or her outside in the shade. It is illegal to leave a child who is under the age of 7 unattended in a vehicle unless they are being supervised by another who is at least 12 years old. Hot vehicles become deadly weapons very fast, so it is a very risky to leave a pet or young child in the vehicle without proper safety measures.

Published July 23, 2017

Understanding the Miranda Rights

The right to remain silent and the right to have a lawyer represent you are two rights every arrested person has. These are the Miranda Rights, which the police are required to read to every arrestee.

The Miranda Rights are named after Ernesto Miranda, who was arrested in the 1960s and accused of kidnapping, rape, and robbery. During his trial, it was revealed that the police used intense and intimidating interrogation methods to lead him to confess. The court found this unjust and unfair, so his conviction was overturned. After additional evidence and eyewitnesses, he was eventually found guilty once again.

Miranda’s case, along with another in the 1960s, Escobedo vs. Illinois, brought about the Miranda Rights. The defendants in both cases were unaware of their full rights: the right to remain silent until their lawyer was present, and the right to have a lawyer during interrogation.

If a defendant is unaware of these rights, then they are more likely to offer a confession, whether or not they are truly guilty of the crime they are being accused of. In addition, without a lawyer, the police may use intimidating interrogation methods in order to force a confession. The suspect would give in, for they have no lawyer present to help fight back and protect them.

It is the suspect’s best interest to have a lawyer. If they can afford a private attorney who can specialize in the defendant’s case, they should go with that option. A private attorney will have more time to spend on the defendant’s case. In return however, they can be costly to afford. If the defendant cannot afford a private attorney, the court will appoint one to them. Court-appointed lawyers are neither ill-prepared nor unqualified, but they do tend to have more cases and clients to take care of than a private attorney. Thus, they must split attention and efforts across their multiple clients.

If your loved one has been arrested, the police will read them their Miranda Rights. It is very unlikely the police will neglect or forget to do so but in that small chance it happens, you can use that oversight as leverage. Make sure your loved one is aware of their rights, and from there take it one step at a time to get your loved one home and through trial.