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Wrongful Termination in California

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It’s strange that more time isn’t dedicated to talking about California’s wrongful termination laws. Considering that the vast majority of California’s adult population is employed by someone other than themselves, there is a chance that a large portion of California’s population could potentially be the victims of wrongful termination.

Wrongful termination refers to an employer either firing or laying off an employee for an illegal reason. Examples of wrongful termination situations in California include:

✨ Firing for a reason that goes against public policy
✨ Letting an employee go because they are considered a whistleblower
✨ Firing an employee for notifying management about the violation of rights under the Fair Employment and Housing Act
✨ A termination that violates either an actual or an implied contract

Very few wrongful termination cases make it into the criminal justice system, though there are always exceptions. What’s far more likely is that the employer and terminated employee will meet again in California’s Civil Court. If you decide to file a civil lawsuit for wrongful termination against your employer, you need to understand that the burden of proof rests on your shoulders. These cases aren’t easy because most employers will create a plausible excuse for letting you go, it’s up to you to prove the real reason they let you go.

In most successful wrongful termination cases, the plaintiff managed to provide documentation in the form of positive performance reviews, employee/employer email/text transcripts, and testimonials from co-workers that revealed the real reason the employer fired the plaintiff. Since getting copies of this documentation from the employer is virtually impossible employees should always protect themselves by saving everything, even if they think they’re in a positive employee/employer relationship.

When it comes to a wrongful termination case, it’s in your best interest to act as quickly as possible. The first reason for filing the lawsuit as quickly as possible is because it helps keep the situation fresh in the minds of witnesses which makes their testimonies more valuable.

The second reason to act quickly is that there is a statute of limitations on wrongful termination cases. The statute of limitations varies depending on why the wrongful termination happened. For example, if the termination violated an oral contract between the employer and employee, the statute of limitations is 2 years. If the termination was the result of a violation of the Whistleblower under the Sarbanes-Oxley Act a complaint has to be filed with the US Department of Labor within 180 of the termination. If the termination went against the WARN Act, the statute of limitations is a full 3 years.

How to get Free Legal Assistance in California

How to get Free Legal Assistance in California

How to get Free Legal Assistance in California

Nearly everyone has a point in their life where they need some sort of legal advice. If you’re lucky, you have enough money that you can pay a lawyer for their time. Sadly, not everyone is in this position. The good news is that whether you need answers to a few legal questions involving how to care for an elderly parent or need a good defense lawyer for an upcoming trial, California does have free legal assistance programs.

Public Defenders

Every American should know that if they find themselves on the wrong side of the law, they’re entitled to a defense attorney. There’s a well-known line in the Miranda Rights that states, “if you can’t afford an attorney, one will be provided for you.” The reason the line is in the Miranda Rights is so that you understand that getting a good lawyer on your side is an extremely good idea. It doesn’t matter if you are or aren’t guilty of the crime you’ve been charged with, you should have a lawyer in your corner. Even if you plan on pleading guilty they can advise you of your rights and even help negotiate a plea bargain. A court-appointed lawyer is better than no lawyer at all.

Legal Assistance and Advice

While the courts are required to assign a court-appointed lawyer to you if you’re charged with a crime, no one is obligated to provide you with free legal assistance. The good news is that there are several organizations scattered throughout California that have created programs that will provide you with either free or low-cost legal advice and assistance. If you contact an organization that doesn’t have the experience needed to help with your specific issue, they’ll likely provide you with the contact information of a group that does.

The biggest problem with using free legal aid programs is that they are usually only found in cities. Individuals who live in rural areas and small towns will usually have to look in more heavily developed areas when they need free legal counseling.

Don’t ever think that a lack of money makes it impossible for you to get your legal questions answered. There are resources out there that are far more reliable than posting your questions on social media sites and hoping for the best.

Disorderly Conduct in California

Disorderly Conduct in California

Disorderly Conduct in California

One of the problems with California’s legal system is that sometimes it’s difficult to know that you’re breaking the law. In many disorderly conduct cases, people think they’re just having a good time or being opinionated until the police show up. Sometimes people don’t even know what they’ve done until they hear the charges as the booking officer works through the paperwork.

What is considered disorderly conduct can vary from one state to another? Some cities even have different rules regarding what is and isn’t disorderly conduct.

In California, disorderly conduct is generally considered behavior that irritates, stresses, or alarms those around you. That doesn’t mean your little sister can file disorderly conduct charges against you each time you annoy her while you’re at home. However, if the pair of you are at a bar and you start shouting at her, the other bar patrons will likely call the police and you could be arrested and charged with disorderly conduct.

Most disorderly conduct cases in California involve at least one person who is publicly intoxicated.

In addition to getting too wild while at the bar, California considers the following activities to be forms of disorderly conduct:

✨ Lewd/lascivious acts
✨ Soliciting
✨ Engaging in Prostitution
✨ Loud public arguments
✨ Invasion of privacy
✨ “Peeping”

Sometimes loitering can be an instance of disorderly conduct.

The Consequences of Disorderly Conduct in California

Disorderly conduct in California is a misdemeanor. If you’re convicted and it’s a first offense, you could be sentenced to six months in jail and/or be charged a $1,000 fine. If you already have disorderly conduct charges on your record, the punishment could be more severe.

In some cases, disorderly conduct can be connected with additional charges, such as:

Simple assault
✨ Trespassing
Public Intoxication

Disorderly Conduct Defenses in California

Putting together a good defense case in California when you’re dealing with a disorderly conduct charge isn’t always easy. Some defenses that have been successfully used in the past include:

✨ Invoking Freedom of Speech
✨ That you were acting in self-defense
✨ That you were falsely accused
✨ That it was a domestic dispute (this is a tricky defense if you were in a public building at the time)

If you know that you tend to get loud and do rash things when you’re having a good time and drinking, it’s in your best interest to either stay home or make sure you go out with someone who can stop your behavior and help you regain control before anyone calls the police.

What Happens to Debts Of A Deceased Person?

What Happens to Debts Of A Deceased Person?

What Happens to Debts Of A Deceased Person?0

Nothing about the death of a loved one is easy. Not only do you have to deal with your grief and sense of loss, but it also won’t be long before you find yourself trying to straighten out their finances and learning what debts they still owe. Figuring out the finances and making sure all outstanding debts are paid is stressful, time-consuming, and confusing.

The first thing you need to figure out which of your loved one’s debts have to be honored and which became irrelevant when your loved one passed.

Are You Responsible for the Debts?

While very few debts simply disappear when a loved one has passed, it’s unlikely that you’ll have to dip into your own bank account to pay them off. The only time you’ll have to dip into your own money is when you co-signed on a loan with the loved one.

The money from any outstanding debts your loved left behind comes out of their estate. Shortly after your loved one’s passing, public notices are issued. At this point, any creditors you’re loved one owed money to will have to contact you or the lawyer you’re using and alert you to the amount of the debt that’s still owed.

The Estate Enters Probate

Many people mistakenly assume that they’ll collect their inheritance within days of their loved one’s passing. That’s never the case. When you’re loved one passes, everything is put into probate. At this point, the person who has been assigned to act as executor of the will steps in and starts managing the estate. If you’re the executor it’s in your best interest to obtain the help of an experienced probate lawyer.

The first thing that happens is that all of the assets your loved one acquired during their life are collected and valued. In this situation, the only assets that matter are the ones that have monetary value, such as houses, vehicles, investments, jewelry, life insurance policies, and bank accounts. Trinkets and non-valuable belongings can be distributed according to the will. If there’s not a will, the items can simply be divided between family members and friends.

The executor of the will (or the probate lawyer you’ve enlisted) contacts all of the creditors who are still owed money. The creditors have a time frame during which they are allowed to file a claim. If the claim is valid, the debt is paid via actual cash your loved one left or via the liquidation of their assets.

Ideally, there will be enough money to pay off all debts. If there isn’t, high priority debts are the first to be paid

Examples of high priority debts include:

✦ Mortgages
✦ Bank loans
✦ Student loans
✦ Funeral expenses
✦ Medical expenses
✦ Unpaid taxes

It’s only after these debts are paid in full that credit card debt and personal loans are dealt with.

There are some things that aren’t entered into probate. These are considered “pass outside a will” assets. They include:

✦ Life insurance policies
✦ Brokerage accounts
✦ IRAs
✦ 401(Ks)
✦ Payable on death accounts

Once all of the outstanding debts are paid off, any financial assets that remain are pooled together and distributed according to your loved one’s wishes.

Halloween Safety Tips

Halloween Safety Tips

Halloween Safety Tips

October is here, and all anyone can think about is the holiday of Halloween at the end of the month. Kids love getting dressed in fun costumes and trick-or-treating for bags full of candy. Meanwhile, adults enjoy dressing up as well, but they have parties to get to instead of wandering door to door hunting for candy.

Trick-or-Treating Safety Tips

When it comes to trick-or-treating, a parent’s main priority should be keeping their child safe. This can be a bit tricky as the sun sets and things get dark. In order to ensure that everyone stays safe this Halloween, here are some safety tips to keep in mind while out trick-or-treating:

  • Always make eye contact with drivers before crossing the street in front of them.
  • Always walk in well-lit areas.
  • Don’t eat any candy until home and a parent has inspected it for any tampering.
  • Each child should be carrying a flashlight or glow stick.
  • Face paint is better than wearing masks since masks can obstruct a child’s vision.
  • Make sure costumes are the appropriate size so they are not loose or baggy on the child, creating a tripping hazard.
  • Never cross the street between parked cars. Drivers are less likely to notice pedestrians between cars.
  • Never enter a stranger’s home or car.
  • Only cross streets at corners with traffic signals and/or crosswalks. Always check left and right before crossing.
  • Only walk on sidewalks or paths. If there is no sidewalk, walk on the left side of the street facing oncoming traffic.
  • Put electronic devices down when walking, and especially when crossing the street.
  • Put reflective tape and stickers on bags or costumes when possible to increase visibility.

Following these safety tips should help a parent keep their children safe this Halloween.

Tampering with Halloween Candy Is a Crime

Tampering with food products in a way that can harm someone is a crime here in California. Under California Penal Code (PC) 347, it is illegal for a person to tamper or poison food, medicine, and public water supplies.

This crime is a felony offense, and can earn a person a prison stay of one of the following:

  • 2 years.
  • 4 years.
  • 5 years.

If someone is killed suffers great bodily harm from the act, an additional 3 years in prison is added to the sentence.

Basically, no one should be tampering with Halloween candy.

Halloween Safety Tips for Adults

Not every adult has children who are trick-or-treating that they need to worry about. These adults tend to have parties to go to. While they may not be trick-or-treating themselves, they still need to be aware of trick-or-treaters while driving around. A few tips for adults this Halloween would be:

  • Be careful while exiting driveways and alleyways.
  • Be extra wary of kids crossing at intersections.
  • Drive slower in residential neighborhoods.
  • Popular times for trick-or-treating fall between 5:30 pm to 9:30 pm, so be very cautious during those times.
  • Turn headlights on earlier in the evening to increase visibility.
  • Watch for kids while driving, especially kids in dark clothing.
Keep Halloween Safe and Fun

Halloween is supposed to be a fun holiday for children and adults alike. No one wants to ruin the evening with an accident of some kind. That is why everyone, including adults not out trick-or-treating, need to be more cautious this evening. By being more aware, they can avoid harming a trick-or-treater who was just looking to get an excellent score of candy to take home.

Do you have any safety tips for Halloween that might be missing from this list? What do you think of California’s laws about tampering with someone’s food, particularly candy given out at Halloween?

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Can a Parent Give their Child Alcohol?

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Like all states, the minimum age for drinking alcohol in California is 21. However, unlike other states, there are no exceptions to this rule in California. For example, some states allow minors to drink alcohol under the allowance and supervision of their parent or legal guardian, but this is not allowed in California.

In California, minors who violate the legal age drinking laws for the first time face a $250 fine and 24-32 hours of community service. For subsequent violations, the minor is looking at a fine of $500 maximum and 36 to 48 hours of community service. If they have their driver’s license, it can be suspended for 1 year.

Any individual who is caught providing the minor with alcohol faces a $1,000 fine and 24 hours of community service. This applies to California parents who give alcohol to their own children.

Retail businesses who are caught selling alcohol to minors will have to pay a $1,000 fine andthe vendor can potentially go to county jail for anywhere from 6 months to 1 year. These consequences also apply to an adult, like a parent, if the minor consumes alcohol and then causes serious injury or death to themselves or another.

So, California parents, even if you give only one, low-alcohol content cocktail to your 20 year old, and they drink it in your presence and show the alcohol does not affect their judgment and maturity, you are still committing a crime, and so is your child. Just look forward to the 21st birthday!

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Catch Up and Get Ahead on Bail Bond Payments Using Your Tax Return

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We hope you have not gone and spent all the money you got from your tax return already. This money can be used toward that bail bond you are paying off.You should consider doing so if you find that you are close to falling behind on payments, or if your finances are spread a little thin.

Whether it is a bail bond for yourself or a loved one, if you are paying for it, you should definitely categorize this with your priority payments like rent and utilities. Although you do have the custom payment plan, and Springville Bail Bond Store is accommodating and flexible, it does not mean that it is okay to fall behind on payments. Springville Bail Bond Store worked with you on a payment plan tailored to your financial situation. Now you need to stay on track with this plan.

Applying the money you received from your tax return on your payments is a responsible decision. In fact, even if you are not falling behind on payments, you can still set aside this money for your remaining payments.Plan ahead.This will make the situation less stressful.

Keep in contact with your Springville Bail Bond Store agent, as they will help keep you on track. They are here to make this bail situation as fast and stress-free as possible. They are on your side, so reach out to them anytime you have a question or a concern.

Springville Bail Bond Store can be reached 24/7, both online, and at 559-784-8660 .

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Springville Bail Bond Store Can Check If You Are a Wanted Criminal

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Did you know that besides issuing bail bonds to defendants who are already in jail, Springville Bail Bond Store can also conduct free, anonymous warrant searches for individuals who are not under arrest? If you are wondering if there is a warrant out for your arrest, or for a loved one of yours, you can ask Springville Bail Bond Store to check the databases for you.

If it just so happens that you, or your loved one, indeed are wanted, we can discuss your bail options before you turn yourself in. Then, once you have been arraigned, you can post bail with a bail bond from us immediately, ensuring your release.

With our help, you will spend as little time in jail as possible.In some cases, we will even be able to set up the bail bond before you turn yourself in, thus shortening your stay behind bars.If you think you might have a warrant out for your arrest, be sure to talk to one of the professionals here at Springville Bail Bond Store.

Learn more about Springville Bail Bond Store by chatting with a representative online, or at 559-784-8660 .

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How to Appear and Conduct in Court

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  • Arrive to your court hearing a few minutes early.
  • Dress appropriately, like you are going for an interview. Avoid flashy jewelry and distracting, revealing, and unkempt clothing items.
  • Remove hats and sunglasses.
  • Donot chew gum.
  • Sit and stand straight.
  • Speak only when you are asked.
  • Answer only what you are asked.
  • Speak clearly.
  • Say “yes” and “no” rather than nodding and shaking your head.
  • Remain calm and collected. Do not grow angry and argumentative.
  • Turn your cell phone off.
  • If you have young children who would not be in school at the moment, arrange to have someone babysit them at home.
  • Trust your lawyer and let them do the talking,unless you are asked to speak.
  • Use the bathroom before court begins.
  • Be respectful.Address the judge by “Your Honor.”

These are all tips on how one should present themselves and act in court. As a defendant accused of a crime, these will help show the court that you are taking this matter seriously. Body language and appearance can influence the court.

If you are out on bail, you will have a better time prepping for court,both in your appearance and also in your case. Posting bail is easy when Springville Bail Bond Store is involved. So, if you or a loved one ever need a bail bond, please contact Springville Bail Bond Store.

This company is available 24/7, both online, and on the phone at 559-784-8660 .

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Benefits and Risks of Bail Bond Co-Signers

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Dealing with an arrest is an incredibly stressful and tense time, not just for the individual, but for their loved ones as well. There will be some bickering, but there should be mostly figuring out how to get through this situation together. Multiple parties will be involved in some way or another: the defendant, a bail bond company like Springville Bail Bond Store, employers who may need to know, friends, family, a lawyer, and a co-signer.

This all sounds pretty straight-forward, but not the co-signer. What is a co-signer, and what do they do?

A co-signer is needed for the bail bond portion. This person assumes responsibility of the defendant to see that they show up for their court appointments. If the defendant does not, the co-signer will face consequences, such as needing to pay monetarily or relinquishing any collateral they pledged.

In the instance that the defendant goes rogue to their bail release conditions, not all has to be lost for the co-signer, if they act in time. At any time, the co-signer can withdraw from their position and responsibilities of the defendant. The defendant will then be taken back into custody until he or she can get another co-signer for their bail bond. The original co-signer will not face additional consequences for asking to be withdrawn from the bail bond, except for maybe a bit of their relationship with the defendant.

If you would like more information on bail bonds and co-signer roles, speak with Springville Bail Bond Store anytime online or at 559-784-8660 .