Can Police Officers Question Minors Without Parental Consent?

Can Police Officers Question Minors Without Parental Consent?

Can Police Officers Question Minors Without Parental Consent?

Most people recognize the fact that anyone under the age of 18, is a minor. Asa a minor, a person doesn’t have either enough knowledge or life experience to make good decisions on their own. That is why kids are considered to be under the protection of their parent or legal guardian. The minor’s parent is responsible for ensuring the child’s safety and wellbeing. If the minor gets into any trouble with law enforcement, the child is usually returned to their parents.

However, something that can cause some confusion is whether or not police officers need to consult the parent before questioning the child. After all, the child is a minor and may say something that could incriminate him or herself without realizing it. The minor may not even understand what Miranda Rights are, which can present a problem for them.

What Are Miranda Rights?

Most people know what there Miranda Rights are, whether or not they know that they know them, thanks to television. If anyone has ever watched a crime drama, then they have likely seen a character get arrested. When that happens, the officer “arresting” them reads of their Miranda Rights. This is the whole “You have the right to remain silent” speech the TV show officers give.

The full Miranda Warning is typically read as follows:

“You have the right to remain silent. Anything you say will be used against you in a court of law. You have the right to have an attorney. If you cannot afford one, one will be appointed to you by the court. With these rights in mind, are you still willing to talk with me about the charges against you?”

After these have been read to a person, he or she can either begin to answer the questions, or remain silent.

While television doesn’t always give an accurate representation of everything that they portray, they do provide basic knowledge. For instance, despite what is shown on TV, Miranda Rights do not have to be read right when a person is arrested. They just have to be read before the person is interrogated. Thanks to Miranda Rights, when a person is arrested, they have the right to remain quiet without fear of additional punishment from law enforcement officers.

The Miranda Rights come from the court case Miranda v. Arizona (1966) where it was determined that Miranda’s Fifth and Sixth Amendment rights were violated during his arrest and trial. After the case, Miranda Rights were established in order to protect the rights of arrested individuals.

Officers Questioning Minors

When it comes to dealing with minors, for the most part, law enforcement officers have to go through the parents first. However, parents or guardians are not always with their children. Here in California, officers have to read a child their Miranda Rights the minute they take a minor into custody. A minor is considered to be in custody when:

  • He or she is deprived of their freedom.
  • The minor has reasonable belief that he or she cannot leave.

Once a minor is in custody, he or she can waive their Miranda Rights, but it must be done voluntarily. For the waiver to be considered voluntary, the officers could not bribe the minor into giving up information, nor could they threaten the minor. Any minor under the age of 15 cannot waive their Miranda Rights until after they have been consulted by a lawyer.

If a minor is not being arrested or detained, officers can still question him or her if they have reasonable suspicion that criminal activity has taken place. This can be done without consent or permission from a parent or legal guardian. Officers can also ask minors general questions when the child isn’t suspected of a crime and might have just been a witness instead.

Make Sure Minors Know Their Rights

When it comes to the law, minors are expected to protect their own rights. Parents are not guaranteed any right from the US Constitution to be present if and when their child is interrogated. Therefore, it is up to the parent to ensure that their child understand what their Miranda Rights are. If a parent does that, then their child will be less likely to accidently incriminate themselves if they are ever interrogated.

Who Do You Open the Door For?

Who Do You Open the Door For?

Who Do You Open the Door For?

The front door to a home is a portal to safety for many people. Once a person is home, they no longer have to worry about people or the outside world. They are in their own personal kingdom. They make the rules, and get to do whatever they want. A person’s home is their sanctuary, which is why people are often very selective of who they allow through the front door.

Exhausted homeowners may not want to deal with whoever may be knocking on their door. While rare, it could be a pushy salesperson trying to sell some product that the person doesn’t want or need. Dealing with that is not fun. However, maybe the person’s child may want to open the door. At what age should a child be allowed to do that?

What Age Is Safe for Children to Answer the Door

When it comes to raising children, new parents can have a lot of questions. Take for instance when a child answers the front door. They’ve seen their parent do that dozens of times. They want to do it too. However, they do not realize how dangerous answering the door can be, especially for little ones. You never know who is on the other side of the door. It could be someone that the child can trust, a stranger, or even a pushy salesman. This begs the questions, when should children be allowed to answer the front door.

As with many questions about when a child might be ready for some sort of responsibility, the final say is up to the parent. Only a parent can truly determine when their child is ready for that extra bit of responsibility.

When it comes to answering the front door, a child needs to be aware of the dangers that could be lurking on the other side. This means that a child needs to be old enough and mature enough to make smart decisions. The exact age when this happens varies from child to child.

When a parents begins to allow their child to open the front door, they need to set some ground rules. Some examples of good rules to follow are:

  • Only can answer the front door when a parent is home.
  • Only answer the door for people that the child knows.
  • Never answer the front door when the child is home alone.
  • If they do answer the door, never admit to being home alone. Instead say that the parent is busy.

Dealing with Pushy Salesmen

Somethings never really get easier with age. Take for instance, dealing with pushy people. Pretty much everyone has dealt with a pushy salesman at least once in their live. Luckily, for the most part, salesmen are only found in stores. Gone are the days when traveling salesmen showing up on your door were more common.

However, salesmen can show up from time to time on your door step. These are definitely people that your child shouldn’t be answering the door for. Most adults don’t even want to answer the door for them. If a person has found themselves in the unfortunate position of dealing with a particularly pushy salesman, here are a few tips to get rid of him or her.

  • Be firm. A person should say they aren’t interested. They should never say they aren’t sure, because that implies they could be persuaded to but the product.
  • Don’t ask questions. This starts a conversation, and again implies that the person could be persuaded into buying the product.
  • Be busy. Whether or not the person is actually busy, they should say they are too busy to talk to the salesman.
  • Watch body language. Sometimes all it takes for a person to show they are uninterested is to turn away from the salesperson or simply walk away.

Don’t Open the Door for Strangers

Front doors are a very important part to a home. That simply little barrier helps decide who can and cannot enter into the private sanctuary. This is why people are so selective over who the answer the door for. They don’t want to open the door for some stranger after all.

When it comes to parents allowing their young children to open the front door, they need to be careful. They should only give privilege to kids who are mature enough to handle that kind of responsibility. The parent should also establish some ground rules to ensure that the child stays safe.

Has a Car Been Abandoned on Your Street?

Has a Car Been Abandoned on Your Street?

Has a Car Been Abandoned on Your Street?

Cars are a huge part of everyone’s daily life. Most people have their own vehicle which helps them run errands, get the kids to school, and get them to work. Without a vehicle, getting around can quickly become a challenge. Instead of a person being able to run errands on their own schedule, they may need to follow the schedule of public transportation.

Despite all of the advantages of owning a car, some people don’t treat their vehicles very well. They don’t take care of the car, and when it inevitably breaks down, they abandon the vehicle. Often times, the vehicle is left in a less than desirable spot. The abandoned vehicle can get in the way of other people and quickly become an eyesore. This cause many people to question what kind of laws there are surrounding the abandonment of a vehicle.

Dealing with Vehicles Parked in City Streets

When it comes to dealing with possibly abandoned vehicles, the first thing a person should do figure out what the local laws. Many cities and counties have their own laws regarding abandoned vehicles. Usually, the laws or ordinances define a vehicle as being parked on a city street for too long if the vehicle has been there for more than 72 hours.

The laws can also vary depending on if the vehicle is disabled, such as not having an engine, or if the vehicle is an RV or camper. Typically disabled vehicles are required to be either in a structure, such as a garage, or in a fenced yard.

The best place to look these laws up is checking the city or county’s website.

If a person lives in an apartment complex, or in a neighborhood with a homeowners association, they should look up the rules for the area. They may find something there that prohibits cars from being left out on the street for extended periods of time.

Try to Find the Owner

Once the person knows and understands the laws about leaving vehicles unattended, they should try to locate the owner of the vehicle. If the person can find the owner, they can try politely asking the person to move the vehicle because of the problems it is causing. They can also try giving a copy of the local laws or ordinances. Hopefully that will be the end of things. After all, the owner may not have known about the laws.

Something to remember is that a person does not have special rights to the public curb in front of their house. This means that anyone is allowed to park there. As long as that person is following the local laws, they are not required to move their vehicle just because it is in front of another person’s house.

If the person is breaking a local law, and refuses to move the vehicle, or the vehicle’s owner cannot be located, then the person may need to contact local law enforcement.

Contacting the Authorities

Some law enforcement agencies will tow vehicles once they have been informed of the vehicle being parked for too long. This is especially true if the vehicle has clearly been abandoned. In order for officers to do their job, they are going to need some information about the vehicle. This way, they know what they are looking for. Some of these things include:

  • The vehicles Make and Model. (Ford would be a Make and Escape would be the model.
  • The car’s license plate number.
  • The vehicle’s exact location.

That information will allow officers to find the right vehicle and determine if it needs to be towed or not. Often times they will tag the vehicle and if it is not moved in 24 hours, they will have it towed.

Dealing with Possibly Abandoned Vehicles

Despite a car’s usefulness, some people will simply abandon the vehicle once it stops working for them. If a person thinks that has happened near them, and the vehicle is in the way, they should look into local laws. Once they have done that, they can begin to determine if the car has truly been abandoned and if the local authorities need to be contacted. From there, the local police or sheriffs will be able to handle the situation.

New California Laws for 2019

New California Laws for 2019

New California Laws for 2019

With the arrival of a brand new year, it should come as no surprise that there are some shiny new laws going into effect in California this January, 2019. Some of the laws are meant to help make the state greener, and others are meant to make it safer. All of the new laws going into effect this January vary from limiting the use of plastic straws at restaurants to who can purchase a gun in the state.

All California residents should read up on these new laws to help ensure that they don’t accidentally break any of them. After all, no one wants to get into trouble for breaking a law, especially not one that they didn’t know about.

New Food Related Laws

First up is one that caused quite a bit of a stir when it was first announced a year ago. Starting January 1st, sit-down restaurants, not fast food restaurants, will only be able to provide plastic straws to customers upon request. They will no longer be permitted to hand them out with the drinks. If a business is caught violating this law, it can be fined up to $300. The hope with this law is that it will reduce the number of plastic straws each day, which in turn, reduces how many end up in the dump or ocean.

Another law, aimed at helping families, primarily the children, stay healthy, has to do with kids meals. By default, all kid’s meals will have to list water or milk as the main drink option. Soft drinks will still be available, but the idea is to push families toward making healthier choices.

The last law removes criminal penalties for sidewalk food vendors. Cities will begin to license these vendors. Some counties and cities may even choose to allow cooks to sell food from their homes, provided they get a permit and have their home kitchen inspected. This law is meant to help hardworking people make an honest living without the fear of facing criminal charges.

New Gun Laws

Starting in February, the minimum age to buy certain guns will raise from 18 to 21. If person wants to buy a long gun, they will need to be 21 or older. However, there are exceptions if a person is a licensed hunter, law enforcement officer, or a member of the military.

Another new law piggybacks off an existing law that provided lifetime firearm bans for anyone with a felony conviction. This new law makes it so that anyone convicted of misdemeanor domestic violence can never purchase a gun. With this law, the goal is to try and prevent any domestic violence cases from getting worse.

Lastly, all gun stores will now be required to post safety warning in their stores about the risks and rules of handling a gun in the state of California. The idea of this law being that people will be more aware of what they are getting into when they purchase a firearm.

Other Laws Going Into Effect

Some of the other new laws for this year, in theory, will make it harder for higher ups in businesses to avoid any sexual abuse claims against them.

Another law requires employers to provide employees who are new mothers with a private space, other than a bathroom, to pump. This was inspired by a 2018 law in San Francisco.

Dealing with new laws can be a bit of a challenge. After all, everyone struggles with adapting to change from time to time. Luckily, many of this year’s new laws only apply to certain groups of people, making life a little bit easier for the majority of Californians this year. Despite that fact, keeping up to date with all new laws is always a good idea. Doing so is a great way for a person to keep themselves out of trouble in the coming year.

How Eggs Can Get a Person into Trouble

How Eggs Can Get a Person into Trouble

How Eggs Can Get a Person into Trouble

Somewhere back in history, thousands of years ago, humans decided to start eating eggs. They have been enjoyed worldwide ever since. The food has become such a breakfast staple, that it can be found in pretty much every refrigerator in America. Due to this fact, most people have easy access to the little morsels.

When broken, eggs can be very messy. Dropping one on the kitchen floor can be a bit frustrating, as the mess it makes will take a bit of cleaning. At some point, teens and children figured out that this kind of mess can be used against other people. Whether the person is some rival or just a random stranger doesn’t really matter. Some people just get a kick out of throwing eggs at things. What they may not realize, is that while the act of egging may seem harmless, it can get a person into trouble.

What Is Egging?

The act of egging is a very simple one. A person simply takes an egg and throws it at something. This kind of thing can usually increase in frequency around certain holidays, such as Halloween or April Fool’s Day. This is likely due to the fact that these holidays have a bit of mischievousness related to them.

Usually troublesome teens will throw the splat-able objects at houses or cars. They often find it amusing to watch how the object impacts and leaves a sticky mess. Seeing how the victims react to the mess is another plus to the activity.

What these people do not realize is that egging can be considered an act of vandalism in most areas, including California.

Vandalism and Egging

To many people, vandalism may seem like a small crime. However, that is not the case. Vandalism can be considered either a misdemeanor or a felony, depending on the cost of the property damage.

Vandalism is illegal in the state of California under Penal Code (PC) 594. PC 594 defines vandalism as maliciously defacing, damaging, or destroying another person’s property. Due to the openness of the law, this can cover anything keying someone’s car, to a person writing their name in the wet cement of a city sidewalk.

This means that it also covers the act of egging. When a person throws eggs at another person property, they are defacing it, and potentially damaging it. Eggs, especially once dried, can be very difficult to remove. Egg whites can deteriorate certain types of paint, causing damage. Thrown eggs can also leave dents, which would also be troublesome to take care of.

Egging moving vehicles can be very dangerous. The egg can cover a windshield and obstruct a driver’s view. Attempts to remove the egg while driving can often worsen the situation, leading to accidents. If someone is hurt or killed due to an egging incident, the person responsible for throwing the egg could face charges worse than vandalism.

What Are the Consequences of Vandalism?

The penalties for vandalism are dependent on the cost of the property damage. This means that the more damage done by the act, such as egging, the worse the consequences will be. Here in California, the price difference between misdemeanor and felony vandalism is $400. If the damages amount to less than $400 dollars, then the person will face misdemeanor charges. $400 dollars or more will earn a person felony charges.

For misdemeanor charges, a person faces:

  • Up to one year in jail.
  • A max fine of $1,000, unless the person has prior vandalism convictions, which means they can face up $5,000 in fines.
  • Informal probation.

For felony charges, a person faces:

  • Jail sentence ranging from 16 months, 2 years, or 3 years.
  • A maximum fine of $10,000. If the total damages were more than $10,000, then the fines could be up to $50,000.
  • Informal probation.

As one can see, vandalism is no small case here in California.

Egging Someone Else’s Stuff Is Probably a Bad Idea

If a parent does not want to be held responsible for these kinds of acts, they should make sure their kids understand how bad of an idea egging is. It can get them into a lot of trouble, especially if the damages get too excessive, or lead to an accident.

Throwing eggs at another person’s property may seem like a small, harmless crime, but it isn’t. Just think of how annoying it would be to have to clean up a bunch of eggs. Cleaning up eggs can be a costly and time consuming task. That is why it is often covered under California Penal Code 594. This way, people who have been victims of this kind of vandalism can get the retribution that they deserve.

What Counts as Hit and Run in California?

What Counts as Hit and Run in California?

What Counts as Hit and Run in California?

Nobody enjoys accidents, no matter how big or small they may be. However, dealing with spilled milk is much more tolerable than dealing with a car accident. Car accidents can range anywhere from a mild fender bender, to full on wrecks. At the low end of the spectrum, car accidents are a nuisance, at the other end, they can be devastating.

Arguably one of the hardest and most unpleasant thing for a person to do is own up to their mistakes. When a person has caused an accident, no matter how bad, they need to stay and deal with it. If a person doesn’t stay, either because they are late for something or they are afraid of the consequences, they are guilty of hit and run. Facing hit and run charges can be a lot worse than simply dealing with the accident when it happens, which is part of the reason why the law exists in the first place.

What Is the Definition of Hit and Run?

California Vehicle Code (VC) 20002 and VC 20001 are both about hit and run crime. VC 20002 defines misdemeanor hit and run, while VC 20001 lays out the parameters of felony hit and run. The difference between the two is dependent on what was damaged. One law deals with property damage, and the other is more concerned about whether people were harmed or killed.

In California, a driver who has been involved in an accident has certain duties that they have to do. The drivers have to do these things regardless of whether or not the accident was there fault. For instance, after an accident, a driver is expected to pullover immediately. They then need to talk to anyone else who was involved with the accident. They will need to provide their identifying information, driver’s license, and vehicle registration. Failing to do this can cause a driver to face hit and run charges.

VC 20002 defines misdemeanor hit and run in the state of California. Here in the state, a person is considered guilty of misdemeanor hit and run if:

  • They leave the scene of an accident without at least identifying themselves to the other parties involved.
  • And another party’s property was damaged. Property can be anything from a mailbox to a car to a pet.

This law also applies to any driver who has hit a parked car. If the owner of the other vehicle is not present, the driver needs to either wait to see if the owner shows up, or leave a note with their contact information and a description of what happened. The note should be left in location where the owner of the vehicle can find it. The driver should then contact the local authorities to inform them of the incident. Doing this will show that the driver tried to remedy the situation and did not perform a hit and run.

VC 20001 deals with hit and run incidents that involve the injury of death of a person. This is a felony charge since causing harm to a person is a much bigger deal than damaging someone else’s property. As such, the consequences of the law are more severe than misdemeanor hit and run. The rules for felony hit and run are the same as misdemeanor, except instead of property being damage, a person was hurt.

Due to the distinction between the two charges, it is possible for a person to be charged with both misdemeanor and felony hit and run for the same accident.

What Are the Penalties for Hit and Run in California?

The penalties for hit and run vary depending on which charge the person is facing. If a person is facing misdemeanor charges under VC 20002, they will face:
  • A max fine of $1,000.
  • Up to 6 months in jail.
  • Up to 3 years informal probation.
  • Restitutions for damages.
  • Two points on the driver’s record.
  • Increased insurance rates.
Felony hit and run under VC 20001 comes with these consequences:
  • A fine anywhere from $1,000 to $10,000.
  • 3 to 4 years in prison.
  • Restitutions.

Staying and Dealing with Accidents

While facing the consequences is never fun, running from them is even worse. This is especially true with regards to car accidents. A driver is far better off to stay and deal with the accident rather than leaving and facing hit and run charges. State law takes hit and run charges very seriously, which means that drivers should take this sort of thing seriously as well.

Even if the accident was not the driver’s fault, they can be charged with hit and run charges just for leaving the scene of the accident. If a driver wants to avoid the extra trouble, they need to stay at the scene and deal with the accident.

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Porterville Bail Bonds Will Help You Face Your Loved One’s Arrest

Porterville Bail Bonds Will Help You Face Your Loved One’s Arrest

Nobody ever wakes up in the morning with the plan to bail out their soon-to-be arrested friend or family member. After all, no one plans on getting arrested, and they certainly wouldn’t share that plan with their loved ones. However, thousands of people are arrested every single day, and that is just here in California.

Sadly, this means that there is always a chance that someone you know could end up behind bars. If you care about that person, you will want to bail him or her out. That way, they do not have to spend a days, even months, behind bars as they await their day in court. You would much rather they be safe and sound at home.

This can easily be achieved by contacting Porterville Bail Bonds. Since 1987 we have helped Californians bail their loved ones out of jail. We know everything about the bail bond process and make it as quick and simple as possible. We understand that nobody wants to spend a lot of time dealing with the stress of a loved one being incarcerated.

Our agents will be by your side the whole time and will do the hard work for you. They will communicate with the jail and help you fill out the paperwork. We will even create a personalized payment plan to fit your budget. This way you will truly be able to afford to bail out your friend or family member.

You may not have known that you would be bailing someone out of jail today when you woke up this morning, but here you are. Thanks to Porterville Bail Bonds you have been able to face this surprise head on without worry. In just a few hours, your loved one will be home safe and sound, not locked up behind cold steel bars.

Do you need to bail out a friend or family member? You can get a free consultation by calling 559-784-8660 or by clicking Chat With Us now.

Don’t Worry, Bail Bonds in Hanford Is Here to Help

Porterville Bail Bonds Will Guide You through Uncharted Territory

Porterville Bail Bonds Will Guide You through Uncharted Territory

Finding out that you need to bail someone out of jail isn’t exactly exciting news. You go from having a normal day to stressing about how you are going to help out your friend or family member. After all, like most people, you’ve never bailed someone out of jail. This is uncharted territory as you set off to rescue your loved one.

You are going to want a professional guide to help you get through this. Luckily, this can easily be done by contacting Porterville Bail Bonds. For over 30 years, we have helped thousands of Californians rescue their loved ones from jail. We know everything about bailing someone out of jail and will be more than happy to share this information with you.

You can talk to one of our caring bail agents at any time. They are available 24 hours a day, 7 days a week. Our agents will happily answer your questions about the bail process and your loved one’s arrest. They will provide you with a personalized payment plan to make paying for the bail bond easier.

This customized payment plan will break up the upfront cost of the bail bond and spreads it out over several months. Each monthly payment is designed with your budget in mind, meaning that you can actually afford it. The payment plan is often the difference between whether or not a client can afford to bail out their loved one.

Bailing someone out of jail for the first time may seem like a daunting task, but it is nothing to worry about. Our bail agents here at Porterville Bail Bonds will show you how easy it is to post someone’s bail. They will even help make it affordable for you. So long as you come to Porterville Bail Bonds, you will not have to worry.

Are you ready to bail out your loved one? If so, call 559-784-8660 or click Chat With Us now.