Author: spiralmode

Disability placards aren’t something everyone in California can appropriate and use for their own purposes. Getting caught misusing a disability placard in California can land you on the wrong side...

29 March, 2022 /
We’ve all heard stories about people who are charged with attempted crimes such as attempted murder, attempted assault, or attempted burglary. While we’re familiar with the concept of attempted crimes, few of us fully understand how it’s possible to be charged and even convicted, of a crime that didn’t actually happen. The issue of attempted crimes in California is discussed in Penal Code 664 PC. The law defines attempted crimes as any instance when a person makes a concentrated effort to pull off an actual crime and break the law. The fact that the intent was real, even if the person failed to completely follow through in their attempt to break the law. The law specifically states that “every person who attempts to commit any crime, but fails, or is prevented or intercepted in its perpetration, shall be punished where no provision is made by law for the punishment of those attempts.” There are several examples of attempted crimes. These examples include:
  • A victim escaping and fleeing from a sexual assault scenario
  • Breaking into a house, but being stopped before anything is actually stolen
  • A gun backfiring during what would have been a murder
29 March, 2022 /

Your home is the place where you should always feel safe, which is why crimes that include home invasions are so horrible. Lately, home invasions, the right to protect your...

14 March, 2022 /

Most of us hear the word mayhem and instantly think of those weird auto insurance commercials that feature a character name Mayhem creating strange accidents to show why you need...

14 March, 2022 /
The justice system labels crimes as infractions, misdemeanors, and felonies. While these different categories of legal offenses have been around for a long time, very few people who aren’t directly connected to law enforcement or criminal lawfully understand how each type of crime is different.’

Infractions

People who are guilty of an infraction have technically committed a crime, but that crime is generally considered extremely petty. Rather than being arrested and potentially going through a trial, the individual is issued a ticket/citation. The most common infractions involve driving-related incidents. Examples of such infractions include:
  • Speeding
  • Failing to stop completely at stop signs
  • Using a cell phone while driving
  • Illegal U-turns
  • Etc
14 March, 2022 /

Businesses that have gone through the effort of applying for a California liquor license and who are approved agree to only sell alcohol during the permitted hours. The good news...

21 February, 2022 /

A type of robbery that has been dubbed smash n grab has started to plaque the United States, but it has become especially common in California. In November 2021 witnesses...

21 February, 2022 /
Eavesdropping is something we’ve all done at some point in our lives. Normally, it involves staying quiet and remaining shrouded in mystery while we listen to someone discuss either ourselves or someone we know. In most cases, eavesdropping is fairly harmless, however, there are some circumstances where your eavesdropping could result in you facing criminal charges. The challenge with eavesdropping in California is that the state is a “two-party consent” state. That means that California lawmakers feel that when it comes to having confidential communications in a space where the people involved in the conversation have a reasonable expectation of privacy, eavesdropping is prohibited, particularly if the eavesdropper hopes to gain something from the information they learn while spying on the conversation. The topic of eavesdropping in California is dealt with in California Penal Code 632 PC. It’s important to note that while this law does discuss eavesdropping, it does clarify that in legal cases, the eavesdropper had to have done more than simply overhear a private conversation. They must have made a concentrated effort to eavesdrop. Examples of this would be using a recording device or amplifier to catch all elements of the conversation. The California law specifically states that,
    “a person who, intentionally and without the consent of all parties to a confidential communication, uses an electronic amplifying or recording device to eavesdrop upon or record the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished.”
Shouse law provided examples of what California lawmakers consider illegal eavesdropping. These samples include:
  • “recording an employer’s conversations when they’re speaking to other employees.
  • recording the conversation of a hotel guest while you are in the hallway/another room/beneath their hotel window.
  • using a laptop in an intimate restaurant to record the conversation between two patrons”
21 February, 2022 /

California has a reputation as being a great place for pedestrians. The weather makes it possible for pedestrians to walk year-round and the state has done a wonderful job of...

21 February, 2022 /

The increasingly rising cost of renting an apartment in California has created an unusual trend. Instead of spending more than half their paycheck on rent each month, some people have...

07 February, 2022 /
Emotional support dogs were never intended to take the place of service animals. When the idea of emotional support dogs (and other pets) was first introduced, it was to provide people who suffered from anxiety and loneliness with a companion at home. The term was first coined to help people who needed a pet to improve their quality of life to work around housing restrictions. Emotional support pets started out as a really good idea. The problem is that people have taken it too far. Rather than simply using them at home, they have started bringing them to stores, doctor’s appointments, and on airplanes. If anyone questions whether they can bring the dog into the facility, the person simply states that the animal is a service animal and allowed to go anywhere. Things are changing in California. The law went into effect at the start of January 2022. It’s designed to create a bigger distinction between service animals and emotional support animals. Not only will it impact pet owners who are trying to pass their emotional support pet off as a service animal, but it also takes a swipe at the business that fraudulently sells ESA-related certifications and merchandise. One of the good things about the law is that it provides a specific definition of what an emotional support animal is. As of 2022, in California, an emotional support pet is:
    “a dog or animal that is not trained to do any specific action related to one’s disability. Instead, the owner derives therapeutic benefits simply through the animal’s companionship. An individual emanates calmness, safety, and an improved sense of well-being through the animal’s presence.”
07 February, 2022 /

Strictly speaking, you’re not prohibited from smoking cigarettes or vaping tobacco in your car. That doesn’t mean it’s a great idea. The biggest issue connected to smoking while driving is...

24 January, 2022 /

When it comes to gambling, California lawmakers want to make sure that they’re involved in it. It’s okay to play state lotteries and to enjoy a night out at the...

24 January, 2022 /

Over the past ten or fifteen years, vaping has become extremely popular. There are several reasons for this, including the idea that vaping is cleaner, cheaper, and might be a...

24 January, 2022 /

We’ve all had a situation where we didn’t have as much money in our accounts as we thought we did. This can result in a bounced check. As soon as...

12 January, 2022 /

“Brake check” is a term that refers to the act of someone slamming hard on their brakes while they’re driving in front of another driver, forcing the other driver to...

12 January, 2022 /

We hear a great deal about the dangers of drinking and driving. We understand that a single DUI can have a horrible, long-term impact on our lives. As a result,...

10 January, 2022 /