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The California Privacy Rights Act is Coming

By | Bail Bonds In Visalia, Carls Bail Bonds

On January 1, 2023, the California Privacy Rights Act (CPRA) becomes fully effective. This could change things for some California businesses. 

The CPRA was originally passed by popular vote in 2021. More than 56% of the voters who took part in the November election were in favor of the new law. Concerns about privacy, identity theft, and the exploitation of personal data led to the creation of the project. The way the law stands, once it goes into effect, it will serve as a continuation of the California Consumer Privacy Act.

What the CPRA does is:

  • Create some new definitions of privacy and what is considered private information
  • Expand upon consumer rights

Creating the California Privacy Protection Agency (CPPA)

The biggest change connected to the CPRA is the CPPA. This is an agency that exists solely for the purpose of making sure that businesses are honoring the letter of the law when it comes to the rights of California’s citizens.

Once the CPRA goes into effect, California residents will be able to:

Request the correction of any inaccurate information which businesses are required to change the inaccurate information whenever commercially possible

  • To make sure the collected information is minimized as much as commercially possible
  • Be notified whenever a business has a plan to use sensitive personal information 
  • Request that the business refrain from sharing the sensitive personal information

In addition to providing California residents with some new rights, the CPRA also expanded on some of the rights created by the CPRA, rights that some residents didn’t know they were entitled to.

The expanded rights include:

  • Opt out of having their personal information shared with a third party
  • The ability to pursue a civil case against any business that shares extremely sensitive information, particularly passwords and account numbers
  • The right to see exactly what personal information the business is sharing

When the CPRA goes into effect, it will impact businesses that:

  • Have a gross annual revenue that exceeds $25 million
  • Handles the private information of at least 100,000 California residents
  • Uses the sale of private information for at least 50% of the annual revenue

It will be interesting to see if additional steps will be taken that will make it even harder for California businesses to buy and sell personal information.

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Drunk Driving in California Over the Fourth of July

By | Bail Bonds in Bakersfield, Bail Bonds in Kings County, Bail Bonds in Los Angeles, Bail Bonds in Tulare, Bail Bonds In Visalia, Carls Bail Bonds

The Fourth of July is one of those holidays when everyone likes to cut loose and really relax. Most of us get to enjoy a long weekend which means we tend to drink a little more than we normally would. The fact that many of us are hanging out with a large group of our close friends and family makes us even more likely to consume a little more alcohol than normal.

There’s nothing wrong with using some adult-only beverages to help you unwind and enjoy the holiday, provided you do so in a manner that’s safe and legal.

The first thing to make sure of before you pop the first top on your favorite brand of beer is that you are confident you won’t be getting behind the wheel and trying to drive somewhere. California lawmakers aren’t going to lighten up on the drunk driving consequences just because it’s a holiday. In fact, the holiday means that there will likely be even more police patrolling over the Fourth, increasing the odds of you getting caught and arrested for drunk driving.

If you’re convicted of drunk driving in California over the Fourth of July:

  • You could spend anywhere from 96 hours to six months in a county jail
  • Pay a fine that ranges from $390-$1,000
  • Lose your driving privileges for six months

Those penalties are for a first drunk driving offense. They become increasingly more severe with each subsequent offense. It’s also important to understand that if you get into an accident while you’re driving drunk and someone is hurt or killed, you’ll face additional charges and consequences.

Getting behind the wheel after you’ve been drinking during the Fourth of July holiday is one of the worse things you can do. However, don’t assume that just because you’re not driving that you won’t get in trouble if you get drunk while you’re in public.

Examples of public intoxication include:

  • Doing something dangerous to yourself and/or others such as walking into oncoming traffic
  • Being extremely belligerent and saying/doing things you normally wouldn’t have done if you were sober, such as saying things that could result in a bar fight
  • Doing something that obstructs a public way and refusing to let traffic pass
  • Refusing to follow the directions of a police officer

Most people think of public intoxication as a kind of joke charge, but you won’t be laughing if you’re convicted. Public intoxication is a misdemeanor and carries a maximum sentence of six months in jail and/or a $1,000 fine.

Stay safe and be smart this Fourth of July!

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Music Piracy and The Consequences of Digital Piracy

By | Bail Bond in Fresno, Bail Bonds in Bakersfield, Bail Bonds in Kings County, Bail Bonds in Los Angeles, Bail Bonds in Tulare, Bail Bonds In Visalia, Carls Bail Bonds, Los Angeles Bail Bonds

The cost of living is rising at the speed of light, which has most of us looking at ways we can reduce our discretionary spending. For many of us, that means reducing what we spend on music. The problem is that while not spending money on CDs and music downloads keeps some cash in our pockets, it also means that life feels pretty boring, which in turn prompts us to do something we haven’t considered in a few years. We start downloading songs via illegal means and engaging in digital piracy.

Digital music piracy might not seem like a big deal. After all, you’re only downloading a couple of songs, songs that the radio plays for free, so it’s not like you’re hurting anyone, right?

Digital piracy has been around for a long time. Back when kids were laying on their beds, one finger resting on the record button of a tape recorder, ready to hit play as soon as the opening notes of the current top pop hit came on the radio, no one really cared. The development of the internet changed everything. The internet provided more people with a cheap way to download entire music libraries for free. The music industry has felt the pinch of illegal downloads. It’s estimated that digital piracy reduces sales by 30%.

What some of us don’t realize is that each time we download a song illegally, we’re actually breaking the law. Digital music piracy is as illegal as driving off without paying for a tank of gas or shoplifting a bag of candy. Illegal music downloads are considered a form of copyright infringement. If you’re caught illegally downloading the music, or even if you’re simply in possession of illegally downloaded music, you could face felony charges and a potential fine of $250,000. The more money the music industry loses to digital piracy, the more aggressive they’ll become about tracking down perpetrators, which increases the odds of you getting caught with the illegal downloads.

Considering the potential consequences of getting caught illegally downloading music, you have to ask yourself if it’s really worth it, particularly given that there are so many relatively low-cost options currently available when it comes to fulfilling your musical needs. Public radio remains free provided you’re willing to listen to commercials. If the commercials make you crazy, you should consider one of the many low-cost musical streaming services that are currently available. Just make sure you choose a streaming service that is legitimately connected to the music industry.

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Graduation Parties and Minor’s Drinking in California

By | Bail Bond in Fresno, Bail Bonds in Bakersfield, Bail Bonds in Kings County, Bail Bonds in Los Angeles, Bail Bonds in Tulare, Bail Bonds In Visalia, Los Angeles Bail Bonds

Finally! It’s graduation season. For many students and parents, this is a day they’ve been waiting for their entire lives. They’re finally putting high school behind themselves once and for all and allowing themselves to focus on the future.

If you’re a graduating senior or someone who just likes to hang out with a group of senior friends, remember that while you’re allowed to have a good time and enjoy life, you aren’t legally allowed to consume alcohol in California. The fact that you’ve graduated from high school doesn’t matter. In California, you’re not allowed to drink until you turn 21. Getting caught consuming alcohol at a graduation party prior to your 21st birthday can have an immediate negative impact on your future.

One of the first things you need to realize is that you don’t have to be caught actually drinking in order to get into trouble for consuming alcohol when you’re still underage. If you’re surrounded by beer bottles, have a drink in your hand, or simply drank a little bit, you’re still going to be in trouble with the law. California has a zero-tolerance policy when it comes to minors and drinking.

The consequences of getting caught drinking at a graduation party while you’re a minor are both scary and expensive. In most cases, the judges will order you to pay fines and do substantial community service. In some situations, especially if this isn’t the first time you’ve been caught drinking while still a minor, the judge will decide that you should spend some time in jail.

You’re bad decision to drink at a friend’s graduation party even though you were a minor will likely result in you losing your driving privileges for a time. It doesn’t matter that you were smart enough to avoid driving after you were drinking. If you’re caught buying alcohol, using a fake ID to get alcohol, or being in possession of alcohol, your driver’s license will likely be suspended. Not only does this mean you have to beg for a ride whenever you want to hang out with friends, but it also makes getting a summer job more difficult. When you are finally able to drive again, you’ll likely have to pay a significantly higher insurance premium.

An increasing number of colleges are starting to crack down on minors who get caught with alcohol. There have even been reports of scholarships being withdrawn and application approvals getting rescinded.

Considering the long-term impact a single drink can have on your future, it’s in your best interest to avoid alcohol this year while you’re celebrating graduations.

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Mislabeling Food in California

By | Bail Bond in Fresno, Bail Bonds in Kings County, Bail Bonds In Visalia, Carls Bail Bonds, Los Angeles Bail Bonds

Mislabeling food in California is a law that usually only impacts people who own or operate things like coffee shops, delis, grocery stores, and restaurants. It doesn’t matter how badly the food was mislabeled, if evidence of mislabeling exists, the people involved will be arrested and charged with mislabeling of food. If convicted, they’ll not only have a permanent criminal record, it’s unlikely that they’ll ever be able to find employment in the food industry ever again.

The issue of mislabeling food in California is dealt with in Health & Safety Code 114087 HS.

The law states:

“(a) Food offered for human consumption shall be honestly presented in a way that does not mislead or misinform the consumer.

(b) Food or color additives, colored overwraps, lights or other misleading artificial means shall not be used to misrepresent the true appearance, color, or quality of food.”

There are several different reasons ways that a business can get into trouble for mislabeling food.

These include:

  • A retailer taking food that has either passed its expiration date or is actually meant for pets and passing it off as food that is fit for human consumption
  • Labeling food in such a way that it results in the consumer not having the proper information about things like quality, calories, or even accurate ingredients.

It’s worth noting that while most people assume a person who is charged with mislabeling food in California acts intentionally, that’s not always the case. Even if the food was accidentally mislabeled, the person involved could be charged on grounds of criminal negligence.

Violating Health and Safety Code 114395 HS is a misdemeanor. If convicted, the defendant faces a maximum sentence of six months in jail and/or a fine that ranges from $25 to $1000. It is also likely that the health department will take a long look at the business and potentially close it down forever.

If someone becomes seriously ill or even dies as a result of the mislabeled food, the defendant will likely face additional criminal and civil charges.

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Mayhem Laws in California

By | Bail Bonds in Bakersfield, Bail Bonds in Kings County, Bail Bonds in Los Angeles, Bail Bonds in Tulare, Bail Bonds In Visalia, Los Angeles Bail Bonds

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 auto insurance.

Anyone who has ever faced mayhem charges in California knows that the state has a very different idea of what mayhem is.

The issue of mayhem is addressed in California’s Penal Code 203 PC. When you read the law, you quickly discover that legally speaking, there’s nothing fun about mayhem.

In California, mayhem is defined as,

    “Every person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures, or renders it useless, or cuts or disables the tongue, or puts out an eye, or slits the nose, ear, or lip, is guilty of mayhem.”

It shouldn’t come as a surprise that mayhem in California is a felony charge. If you’re convicted, you could be sentenced to 2-8 years in state prison and be issued a $10,000 fine.

In addition to straight mayhem, California also has aggravated mayhem which is a violation of Penal Code 205 PC. The law defines aggravated mayhem as,

    “a person is guilty of aggravated mayhem when he or she unlawfully, under circumstances manifesting extreme indifference to the physical or psychological well-being of another person, intentionally causes permanent disability or disfigurement of another human being or deprives a human being of a limb, organ, or member of his or her body.”

A guilty conviction of aggravated mayhem can result in a life sentence in prison with the possibility of parole.

Most cases that involve California mayhem charges also have additional, serious charges connected to them.

Hitting a Pedestrian in California

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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 creating places where pedestrians can stroll without encountering traffic. While pedestrians are invited to enjoy the benefits of walking, it’s important to understand that if you decide to stroll, there’s a chance you could be hit by a car. It’s equally important to understand that the odds of you having a pedestrian-car incident have increased in recent years.

Studies indicate that life for pedestrians is becoming increasingly dangerous. The Governors Highway Safety Association recently gathered data that indicated that the number of pedestrian deaths in the United States increased by 35 percent between 2009 and 2017. According to Triple-A, things are getting worse. The organization reported that from 2010 to 2019 pedestrian deaths increased by 46%.

It doesn’t appear that there is one particular reason pedestrian deaths have risen so much. Some feel that the fact that drivers are getting older could play a role. Another issue is the fact that drivers continue to ignore warnings about using cell phones while driving. It’s worth noting that not all pedestrian/car incidents that involve phones aren’t because the driver was using their phone. In 2010, an estimated 78,000 pedestrian injuries were the direct result of the pedestrian using their phone and not paying attention to their surroundings.

If you drive in California, you have a responsibility to look out for pedestrians. It’s an aspect of being a good defensive driver. Since California has a reputation for being such a great pedestrian state, you must assume that you’ll see a few people walking whenever you drive.

When you do see people walking, automatically check how you’re driving. The last thing you need is to be accused of reckless driving that resulted in you striking a pedestrian. It doesn’t matter if you fail to yield, are speeding, or are distracted, if you strike a pedestrian with your vehicle and there’s proof that you’re at fault, you could face steep fines, jail time, and civil lawsuits.

When you see a pedestrian walking, particularly if they are using their phone, give them as wide a berth as possible. Don’t automatically assume that they will stop at crosswalks, pay attention to no crossing signs, or that they won’t suddenly veer off the sidewalk.

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Smoking in Your Car

By | Bail Bond in Fresno, Bail Bonds in Bakersfield, Bail Bonds in Kings County, Bail Bonds in Los Angeles, Bail Bonds in Tulare, Bail Bonds In Visalia, Carls Bail Bonds, Los Angeles Bail Bonds

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 the risk of you having a distracted moment. Even though it probably only takes you a split second to light your cigarette, that’s a second when your attention isn’t focused on your driving. A whole lot of things could go wrong during that moment of inattention.

Another issue is the knee-jerk reaction you may have if you drop your cigarette, particularly if the lit cigarette falls on bare skin. If you jerk your leg or arm in pain, you could slam on the brakes, shoot unexpectedly forward into the car ahead of you, or even swerve into oncoming traffic. If any of these things happen, you could get a ticket for distracted driving.

If you have a minor in the car, you’re prohibited from smoking in the vehicle. It doesn’t matter if that vehicle is moving or parked, you can’t smoke while the minor is sharing your car.

If you plan on smoking pot while in your vehicle, you should know that it’s not a good idea. Yes, you’re legally allowed to use pot for recreational purposes but the rules pertaining to pot and driving are very similar to alcohol and driving.

Current California law makes it illegal to get behind the wheel after you’ve been smoking pot. You’re also not allowed to smoke it while you’re driving. One of the interesting side effects of Proposition 64 was that it allocated more funding that went directly to the California Highway Patrol who used it to help deal with what they call “drugged drivers.”

Just like a DUI, a drugged driving offense can have a huge negative impact on your life. If you’re convicted of drugged driving in California, your sentence can include anywhere from 96 hours to 6 months in jail. You can also be fined from $390-$1000 plus court costs. You’ll be required to take a DUI prevention course and will likely have your license suspended for 6 months. That’s for your first offense.

Things are much worse the second time you’re convicted of drugged driving in California. The sentence for drugged driving a second time in California is 90 days to one year in jail. You’ll lose your license for 2 years and likely be fined about $1000.

The third and subsequent times you’re convicted are really bad. The maximum jail time you can serve stays at a single year and you’ll be fined up to $1000, but you’ll lose your license for three years.

All things considered, it’s best to wait until you have no reason to get behind the wheel before indulging in recreational marijuana.