Expunging An Arrest Record Because Of Factual Evidence

Expunging An Arrest Record Because Of Factual Evidence

One of the first things people who’ve been charged with a crime want to know is how to go about getting their criminal record expunged. In California, the first step of this particular process is proving factual innocence.

What Is Factual Innocence?

Factual innocence is a termed that’s used when a defendant manages to prove that they should not have been arrested or charged with a crime. Once factual evidence has been established, California Penal Code section 851.8 dictates that the defendants arrest records are sealed and then destroyed. Once this happens, legally speaking, it is as if the entire situation never took place.

Establishing Factual Innocence

Establishing factual innocence is not always easy and it’s something you’ll want to have a lawyer help you with. Basically, in order to convince the courts that your factually innocent, you and your lawyer have to show compelling evidence that someone involved in either your arrest, the investigation, or who filed the charges against you made a mistake. When you find the mistake, you make a motion to the judge. If the judge finds that your motion is justified, they’ll arrange for both your defense team and the prosecuting attorney to argue the point during a preliminary hearing.

You Shoulder The Burden Of Proof

When you make a motion to drop the charges based on factual innocence, you need to prepare yourself. Not only do you have to prove that a mistake was made, but in many cases, you also have to prove that the police did not have just cause to arrest you, and the police are generally very careful about how they word things during an arrest. In other words, you need to prove to the judge that there was no reasonable cause for the arrest.

Your side of the story will be the first one the judge listens to.

If your case is strong enough, the judge than asks the prosecution to rebuff your argument. Once both sides have told their tale, the judge retreats to their chambers and looks at both sides of the story. If they feel you’ve made your point, they will dismiss the case, and your arrest record will be destroyed.

The process of proving factual innocence isn’t always easy. While going through it, don’t do anything rash. Keep a cool head which will prevent further charges from being filed against you.

California’s Views On Child Custody

California’s Views On Child Custody

California family court doesn’t care if whether you married the person you share a child (or children) with, the court’s first concern is setting up a formal situation that allows the child to spend time with both parents. Ideally, you and your co-parent are still on good enough terms that you’re able to sit down together and work out a system for sharing custody of any children you share.

Once you’ve worked out an agreement, you can take it to the court and they’ll generally honor the setup. At this point, the court takes the plan and turns it into a formal visitation and custody order. Once the court has been involved, the order is enforceable.

Issues Covered In Enforceable Custody And Visitation Orders:

By the time the formal child custody order is drafted, both parents will not only know what days and times that they’ll have their child/children during the week, were the child spends birthdays, holidays, and school vacations will also be addressed. To help reduce arguments, the court order will also include a clause about which parent is responsible for transporting the child to visitation sites, school, and even extracurricular activities such as piano lessons, school sporting events, etc.

Depending on how the parents get along, the court may opt to choose a neutral point for drop offs and pick up, which is another issue that will be addressed in the enforceable custody and visitation order.

Both parents will receive a copy of the enforceable custody and visitation order, which should be set up in a safe spot. It’s not unusual for the parents to also give a copy of the order to babysitters, teachers, and any one else who might need to know which parent the children are supposed to go with on a particular day.

What Happens When A Parent Ignores An Enforceable Custody And Visitation Orders:

Despite the California Court’s best efforts to keep things as amicable and organized for the estranged parents as possible, sometimes things don’t go as smoothly as they should and one of the parents rebels against the enforceable custody order. What the angry parent doesn’t always understand is that once the order has been filed with the court, it’s legally binding. The parent is not allowed to ignore it just because they don’t like the terms. Violating the custody order is the same as breaking any other law in the state of California. For example, taking your child on a day that isn’t one that the child is supposed to be with you can result in a kidnapping charge.

Parents who violate the custody order can expect a summons to appear before a judge. In some cases, the summons comes in the form of the police showing up at your home or place of work and hauling you to jail. Based on how badly you violated the custody agreement, a judge can deny you all access to your kids and even sentence to a long-term jail sentence.

You can find additional information about custody and visitation orders at the California Courts official website.

Diversity In California

Diversity In California

One of the great things about California is the massive amount of diversity in the culture, food, and people. Not only do we have an awesome source of vitamin D, we also get to explore different cultures a well. While driving through any part of California, you’ll get a dose of the surrounding cultures.

California is actually so diverse it’s the second most diverse in the country behind Hawaii.

California is also home to some of the largest ethnic communities like: Latinos, Asians, and Native Americans. Therefore, it is no surprise that according to the US Census Bureau, 61.5% of California’s population is non-white, which means the mass majority would typically be a minority in other states.

The Latino community in California is the largest ethnic group according to the US Census Bureau. This means we’re heavily influenced by their culture. Seeing that California was once under Mexico’s control, it makes sense. All the missions in California are from Spanish origins. Even the most famous prison in the state, Alcatraz, is influenced by the culture. When the lighthouse on the island of the prison was built, California was still considered part of Mexico. The island itself was named by Juan Manuel de Ayala in 1775. If missions and prisons aren’t what you’re looking for to submerge yourself in the Latino culture, check out Olvera Street in Los Angeles.

The Asian community in California is also one of the largest in the nation. In California 1.7 million Asians call the Golden State home. The Asian community includes: Chinese, Korean, Vietnamese, Pakistani, Indian, Sri Lankan, Japanese, and Bangladeshi. If you’re looking for submersion into their culture you have plenty of places to check out. From Chinatown in Los Angeles to some of best Asian cuisine restaurants in Orange County, you can just about taste the culture.

American Indians or Native American has the largest population here in California. The West Coast state, according to LA Weekly, is home to the largest population of indigenous people. The US Census Bureau says that in California, the population for Natives is roughly 235,000. Native Americans have been here for over 19,000 years according to Britannica. Way back before the west was “settled”, Native Tribes calls California home, because of the variety of vegetation and mild climate. The best way to dive in to the Native American culture is by checking out their art.

California is one of those colorful states with a wide variety of people.

It’s almost a culture shock when you travel to other states and realize that they are not all like California. Living in such a diverse state creates an understanding and appreciation of other cultures. It can also drive you to be more understanding of others’ beliefs and values. Don’t just soak up the sun, soak up the culture as well. Welcome to California!

California’s Opinion Of Tinted Car Windows

California’s Opinion Of Tinted Car Windows

Having tinted windows on your car while driving might reduce some of the glare you experience, tinted windows look cool, and they can help keep the interior of your car cooler. However, if you’re driving in California, you should know that the tinted windows you love so much are illegal. If you’re spotted by a patrol cop, they can use your tinted windows as an excuse to pull you over.

The official reason lawmakers have given for no longer allowing vehicles to have tinted windows is because they feel the tinting is a safety hazard because it obstructs viewing.

While there’s likely some truth to that, it’s equally likely that clear windows encourage people to obey traffic laws and not do foolish things like talking on their cell phones, organizing clothing, or drinking alcohol while driving.

Restrictions on window tinting in California have been around for a long while and are statewide, but many people get confused because certain police departments are prone to enforcing the no tinting laws, while others simply ignore tinted windows.

California Vehicle Code section 26708 deals with the topic of vehicular window tinting and makes it pretty clear darkened windows aren’t a good idea.

If you’re thinking about jazzing up your windows, be aware that cops are allowed to both pull you over and issue a ticket if you have any type of material displayed on your rear window, side windows, or windshield. In addition to tinting, that includes window decals and stickers. The larger the tinted/covered space, the greater the chances of you getting pulled over become.

While you can’t tint all of your car windows so dark that no one can see into the interior of your car, the state of California allows to use some tints provided they aren’t amber or red in color, there’s no opaqueness in the covering, the tinting or stickers used don’t reflect sunlight and headlights, which creates glare that can temporarily blind oncoming drivers. The material used to cover the windows much provide a minimum visible light transmittance that measures no less than 88%.

If a police officer pulls you over because of tinted windows and you don’t have a bench warrant, they’ll give you a fix-it ticket, however, if you do something to irritate the officer they’re well within their rights to issue a vehicle code infraction which can have a fine of up to $190.

Family Time Is Worth The Time

Family Time Is Worth The Time

Family time is one of those things where you love to hate it. You love getting together and reminiscing on the good times. However, you hate it when you’re the center of scrutiny over a mistake you made several years ago. It’s a double-edged sword that makes you homesick in the end when they leave. For most of us, family is home.

Family time is worth your time because it brings us all together.

Sure it can be awkward at times, especially when you may have angered a few family members recently. The uncomfortable nature of a family reunion will eventually melt away. Especially after people get to eating, drinking, and laughing. Family time has the ability to create moments that build upon existing or nonexistent relationships.

Family time is a great opportunity to share the love and apologize.

If you recently have been on the outs with your family, spending time with them may be the key to become one with your family again. Showing up, sharing the love and appreciation you have for your family will mean a lot to everyone. Quality time is a great chance to rebuild any damaged relationships. Apologizing to your family for past or current mistakes shows them that you care about their feelings.

Laughing at family stories and basking in the love of family can make anyone happier. Laughter alone can improve your overall mood. Family also tends to know us the best, which means they can read us like a book. Therefore, if you feel down in the dumps, your family will know how to lift your spirits about any situation.

Family time is beneficial to you only if you allow it to be.

You need to be willing to show up and put in the time with your family. The more love and time you put into family events will benefit your relationship with them. Sure, there are times when you feel like you’re going to snap on your crazy aunt if she over exaggerates one more thing, but deep down you know that she means well. Don’t let your hate of awkward situations infringe on the love of family time.

Sunglasses: For Fashion Or For Health?

Sunglasses: For Fashion Or For Health?

Living in California means one of two things. First, you love the vibes of the state, sun, and culture. The second thing is you’re here for work and you have yet to fall in love with the state. The Golden State is known for its stars and coast line that you will fall in love with. Californians love staring out at the ocean and enjoying sunshine. Unfortunately, sunshine gives us a little bit of trouble.

The sunshine is our best friend, but also worst enemy.

Who doesn’t love soaking in the sun after a cold night or long winter? While we’re soaking up the joyous rays, we’re also cooking in some UV rays that are damaging our skin cells. We may be aware of what the harmful rays do to our skin, but we don’t think of our eyes.

Our eyes can actually receive sun damage as well as our skin. That is why wearing sun glasses isn’t just about fashion.

Most lenses help protect our eyes against UV rays that can cause harm just by looking at something extremely shiny. There’s a reason why they tell us not to stare directly at the sun.

Cheap sunglasses may be a bargain, but your eyes are more than likely suffering from it. Not wearing the correct protective lens can leave your eyes vulnerable to the harsh rays. This increases your chances for various forms of cancer. Eyes are sensitive tissues of our body that we need in order to see. They can’t be replaced.

Sunglasses are an essential part of any day at a California beach day or hot dessert day. Even in the heat of traffic, protecting your eyes from the sun’s rays is beneficial. When you buy sunglasses, they are usually marked if they help protect against UV rays. If they aren’t marked, you may want to look elsewhere for new stunner shades. You need to take care of your eyes or you won’t be able to fall in love with the California coast.

How To Apologize & Keep Relationships Healthy

How To Apologize & Keep Relationships Healthy

We say things in the heat of the moment all the time. We get caught up in defending ourselves and too worried about our own feelings that we often cross a line with the person we’re arguing with. Let’s face it, we only argue with people we care about in the first place. We argue with our parents who are just trying to look out for us. We argue with our friends when they point out that we’re being dumb. Anger is a secondary emotion. Meaning that in order to feel angry, we must feel a primary emotion first.

Anger is a result of an escalation of emotions.

Knowing that anger is a result of another emotions, you then must recognize what was your first emotion. Think about what was said or done that made you react in anger and lash out at your loved one. You need to recognize where it all went wrong. Once you spend time doing that and evaluating the situation as a whole, you will be able to pinpoint what you did wrong. Once you figure that out, you can begin to understand why you did it in the first place.

Once you understand what you did wrong, you’ll be ready to start forming an apology. The person can either choose to forgive you, or choose not to. You need to remember this. Even though you are admitting your wrongdoing, your loved one has the ultimate say in your forgiveness.

You need to be sincere and loving when apologizing. Don’t apologize from a place of anger or resentment. Choose your words carefully and don’t be careless. If you’re not sincere, then your apology will be in vain. Be sincere by the tone in your voice, admit that you are wrong, and offer up a way to make it better.

Forming a well thought out apology before actually apologizing can help you deliver it from the heart. Most importantly don’t forget to use the words “I’m sorry” only if you mean them.

Apologizing can be difficult because you have to admit to being wrong about something. We have to swallow our pride and accept that we messed up. If you don’t know what you did wrong, you need to talk to the person you hurt and ask them.

Being able to accept and apologize for your mistakes is a skill.

Practice makes better, but unfortunately, trying to practice an apology means that you had to do something wrong in the first place. Remember that you care about the person you’re apologizing to. They’ve helped you out, maybe even bailed you out of jail, and for some reason communication between you two failed. Luckily, that is nothing a well thought out apology can fix.

Leaving Your Dog At Home Means You Won’t Face Jail Time

Leaving Your Dog At Home Means You Won’t Face Jail Time

Summer is fast approaching and that means the temperatures will soar. That means it’s time to start rethinking your habit of taking your dog everywhere you go, or if you do decide to take your dog while you’re running errands, you better have a plan for what you’re going to do with them, and that plan can’t leave them in the car.

Penal Code 597-7

The state of California has very clear laws about leaving dogs unattended in hot cars during the summertime. You can’t do it. If you try, you’ll be in violation of serious animal abuse laws. Not only can someone break into your car to rescue your dog, you will also be arrested, and quite possibly lose your dog and the right to ever own another one.

Penal Code 597-7 specifically addresses the issue of pets that are left unattended in California vehicles during hot days.

You’ll be in violation of the law if:

  • You fail to provide your dog with enough ventilation
  • The dog appears to not have been given enough food or water
  • If the current temperature is deemed too hot or too cold for your dog to be waiting in the car
  • If some other situation has taken place that puts your dog’s life or health in jeopardy while they’re waiting in the car

If you do any of these things, you’ll be in violation of Penal Code 597-7 and will be charged with animal cruelty.

How Hot Does It Have To Be Before It’s Too Hot?

Just because you’re comfortable outside, you shouldn’t assume that it’s okay for your dog to be left in the car. Studies indicate that even temperatures as low as 72 degrees Fahrenheit can be deadly to a dog that’s trapped in a car, especially if that car is parked in direct sunlight. On an 85 degree day, your car’s internal temperature can sour to 120 degrees in less than half an hour.

But What About Tying Them To Bike Rail Or Lamp Post?

If your plan to avoid leaving your dog in the hot car while you shop or visit the dentist is tying them outside, think again. California law, Code 122335 HS, clearly prohibits you from tying your dog to a stationary object, something that has gotten a few dog owners into trouble after they tried chaining their dogs out in their yards.

The Penalties Connected To Penal Code 597-7

If you’re convicted of violating Penal Code 597-7 and your dog didn’t suffer any health problems from being locked in the car, you’ll face a maximum fine of $100 per animal that was in the car. If your dog did require treatment as a result of your actions, you’ll looking at a $500 fine and could spend up to six months in a California county jail. The prosecution may also chose to hit you with animal neglect charges.

Does A Business Owner Have The Right To Deny A Dog Entrance?

Does A Business Owner Have The Right To Deny A Dog Entrance?

As a business owner, you might think that you have the right to say whether dogs are allowed to enter, but the law often has a different opinion. This is something one restaurant owner discovered the hard way.

A Sign Is Ignored

The evening was going smoothly in the Seafood World restaurant. The food tasted great, the diners were happy, the employees were smoothly doing their jobs, but things quickly fell apart when one woman entered the establishment, walking right past the “No Dogs” sign the owner had posted near the door, and leading her dog into the dining room.

Irritated that his obvious sign had been so blatantly ignored, the owner walked over to her and asked that she take her dog outside. The dog’s owner refused, explaining that since her animal was a service dog, it had as much right to be there as she did. Things got heated and eventually the police showed up.

When the police questioned both the two individuals involved in the dispute, they noted that not only was the dog wearing a service animal vest, but that the woman also had paperwork showing that the dog was really a service dog and had been gone through a great deal of accredited training. Based on this information, the police arrested the restaurant owner. The charges are unlawful interference with rights of blind/disabled persons.

Blurred Lines

In all fifty states, the laws clearly state that service dogs are allowed into public buildings, including restaurants. Most business owners understand that and don’t have any problem admitting an animal that’s clearly assisting an individual suffering from an obvious physical handicap. The problem business owners currently face is that dogs are being trained to perform a variety of services, including early seizure detection, helping individuals suffering from PTSD, and more. These service dogs are also allowed to enter any business that’s open to the public, even though it’s not as easy for to identify what service the animal provides.

Emotional support dogs have thrown another monkey wrench into things. Emotional support animals are ones that don’t provide a service, but whose physical presence comforts their owner. Many people who have an emotional support dog assume that they can take the animal everywhere. Business owners can tell the owners of emotional support animals that they have to remove the animal, but they should be prepared for an argument. Many owners of emotional support dogs don’t understand the difference between service and support animals and are adamant that they have every right to bring the animal into the business.

In order to avoid a situation like the owner of the restaurant who asked the woman to remove her dog, most business owners don’t object to the emotional support dogs. Hopefully, better rules that clearly state the difference between emotional support and service dogs are on the horizon.

Don’t Get Scammed By Someone Who Claims To Be Family

Don’t Get Scammed By Someone Who Claims To Be Family

Families are interesting. You do not always talk with every member of your family, but you still care about them. This is especially true when it comes to generational differences. In a lot of families, the grandkids don’t always have a good relationship with their grandparents. The age difference makes it difficult for the two groups to connect. However, this doesn’t mean either person doesn’t care about the other.

This is why, if a grandparent gets a call saying their grandchild has been arrested, they drop everything to help out. They will do whatever they can to help their younger family member, no matter the cost. Unfortunately, this is where problems can occur.

A common practice amongst thieves is to pretend to be someone and call a relative of that person to ask for bail help. They particularly like to target grandparents. The criminals will spin some sob story saying that they were arrested and don’t want the rest of the family to know about it. They will ask that money be wired to them in order to post bail. Once the money is wired, there is no getting it back.

Thanks to modern social media, these thieves can scout out their victims beforehand. They look at someone’s Facebook page to gather personal information, and then use what they found to pretend to be that person to a relative. This helps them sell the act convincingly to the grandparent.

The best way to avoid this type of scam, is to ask a lot of questions.

Try to ask questions that only your relative would know the answer to, and that wouldn’t be up on social media. Lastly, even if the person on the other end says not to bring up the topic with other family members who are closer to the relative who supposedly called you. They may tell you that the relative you are looking to bail out, is actually safe and sound at home.