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COVID-19 In California Workplace

COVID-19 In California Workplace

COVID-19 In California Workplace

It shouldn’t come as a surprise that one of the first things to change in California during 2021 is how workplaces report COVID-19 outbreaks.

Way back in the middle of September 2020, California’s governor signed off on a law, AB 685, that tweaks the way workplaces notify their employees and customers about COVID-19. The law officially went into effect on January 1, 2021.

The new law requires that employers must provide a written alert to everyone involved in the business, including sub-contractors, whenever the employer learns that there was a chance of COVID-19 exposure. The written notification has to be drafted and sent to all pertinent parties within one business day of the positive test results. In addition to serving as an alert warning of possible exposure to the virus, the written notice should also include information about what benefits those who were exposed are entitled to and information about what the employer intends to do to clean the workplace and minimize the risk of future problems with COVID-19.

The most interesting thing about the new law is that the employer must make the written notification available for a full three years following the COVID-19 exposure.

The employer’s responsibilities don’t end after they’ve completed the written notification. That’s just the first step. If three (or more) employees test positive for COVID-19, it’s considered an outbreak. The next thing the employer must do is contact their local health agency. This contact must take place within 48 hours of the positive test. The information the public health department collects includes the names of the infected employees, their occupations, and the places where they worked.

What happens if an employer fails to go through with the protocol established by AB 685?

Well, that’s not entirely clear. The law does mention that the employer will receive a citation: “The division shall enforce paragraphs (1), (2), and (4) of subdivision (a) by the issuance of a citation alleging a violation of these paragraphs and a notice of civil penalty in a manner consistent with Section 6317.”

The problem is that no one knows exactly what the citation is or how it will impact the employer. It’s unclear if they will face a fine or lose their business license. When you read through the law, you do learn that if the Health Department issues a citation, the employer does have the right to a trial during which they’re allowed to argue their case.

This new 2021 law impacts all employers, no matter how many employees they hire.

 

California DUIs In The New Year

California DUIs In The New Year

California DUIs In The New Year

You should never get behind the wheel after you’ve been drinking. If you plan on drinking, you should plan on walking home, or getting a ride from a sober driver, or using a rideshare service such as Uber or Lyft.

In the past, a DUI arrest could have a huge and negative impact on your life. It still will, but thanks to Assembly Bill 3234 you may have some options that weren’t available to you before.

DUIs are one of the crimes that Assembly Bill 3234 targets. Instead of getting hit with a bunch of jail time and fines, you’ll have the option to enter into a diversion program. The diversion program will consist of several different components which will include taking classes that are designed to help you identify why your driving after drinking happened and complete a great deal of community service. You’ll also likely be charged a significant fine. You would also have to make restitution to anyone who was hurt by your actions.

It appears that you would have 24 months to complete the program. Once the program is completed, the matter would be erased from your record. Having the record erased means your actions would’t negatively impact your ability to qualify for housing, land great employment opportunities, or deal with sky-rocketing auto insurance rates.

The Bill officially kicks in in 2021. Taking advantage of the change requires that you work closely with a good defense lawyer who understands the ins and outs of the Bill and who will be able to help you argue your case before a judge.

At this point, it appears that judges are free to determine who should and should’t be entered into the diversion program. It’s not clear what judges will look at when they determine who will and won’t be granted the opportunity to clear the DUI from their record.

Assembly Bill 3234 can only be used in misdemeanor cases. If you’re charged with a felony DUI, it won’t help you.

It does’t appear that Assembly Bill 3234 will protect you from any civil cases that named you as the defendant in DUI cases.

 

What To Do If You Suspect Your Child’s Being Terrorized By A Cyberbully

What To Do If Your Suspect Your Child’s Being Terrorized By A Cyberbully

What To Do If Your Suspect Your Child’s Being Terrorized By A Cyberbully

As a parent, there’s nothing worse than knowing your child is hurting. When a cyberbully is the cause of that hurt, it’s perfectly natural to want to shatter your smart-phone/laptop/tablet and never allow any type of social media into your home. Unfortunately, that’s not a realistic option.

If you suspect your child is being terrorized by a cyberbully there are a few things you can do that will help the situation.

Support Your Child

The first things cyberbullies do is undermine their victim’s self-confidence. The chip away at their victim’s self-esteem until there’s nothing left. As a parent, it’s up to you to keep your child’s spirits up. Remind them that they’re important and loved. Spend time with them. Encourage them to talk. Even if the conversation never turns to the cyberbully, simply knowing that you’re in their corner will help bolster your child.

Redirect Their Attention

It’s easy to tell someone who is being victimized by a cyberbully that they should simply turn off their electronics and ignore the situation. The problem is that many of the victims are oddly compelled to keep engaging with their tormentor. While you should encourage your child to stay away from their social media accounts, you’ll find that they are far more likely to follow your advice when you provide them with something else they can use to fill their time.

Gather Evidence

Whenever possible, collect evidence that show your child is being tortured by a cyberbully The best evidence includes screens-hots of photos and text conversations. Once you’ve taken the screen shots, keep them stored in a safe place. It’s always a good idea to have backup files for your proof.

Don’t Handle It On Your Own

While it’s okay to reach out to the cyberbully’s parents and alert them to the situation, you should never do anything that could make you come across as a bully. Don’t lash out at their child. Don’t use abusive language. Don’t make any threats. Simply request that they do something to rein in their child.

If the cyberbullies parents refuse to take any action, it’s time for you to contact both the police and the school and get them involved in the situation.

When it comes to cyberbullies, the sooner you take action, the better things will turn out for your child.

 

How To Expunge A Criminal Record In California

How To Expunge A Criminal Record In California

How To Expunge A Criminal Record In California

A criminal record can haunt you for the rest of your life. Even a minor offense can make it difficult for you to land your dream job, build a successful relationship, obtain business licenses, and even be approved for loans. The problem is that many people find out that you have a record and automatically assume that you’re in trouble. Many people fail to look any deeper into the situation. Arranging to have your criminal record expunged is one of the ways you can regain control of your life.

Difference Between Expunged Criminal Record And A Case Dismissal

It is important to know that there is a huge difference between having a criminal record expunged as opposed to a case dismissal in California.

What Is A Dismissal In California?

Having your case dismissed is the best possible thing that can happen to you. A case dismissal means that either the prosecutor or a judge looked at the details surrounding your case and decided to completely drop the charges.

Reasons for a case dismissal include:

  • Lack of evidence against you.
  • A failure to follow proper arrest/investigation procedures.
  • A Fourth Amendment violation.
  • Inadmissible testimony.

While your criminal record will show you were charged by the police, your dismissed case won’t appear on background checks run by potential employers and creditors. They can’t hold the dismissed case against you, though it’s possible that they will ask you about the arrest.

What Is An Expunged Case In California?

Expungement is different from a dismissal. When you’re case is expunged, all traces of it are removed from your record. When a background check is run on you, it will show no evidence that you were even talked to by the police, much less charged with anything.

It’s important to remember that when you have a case expunged from your record, it only applies to that case. If other charges were filed against you at some point, they remain on your record.

In some situations, it is possible to expunge your entire criminal record.

 

The Reality Of Unemployment Fraud

The Reality Of Unemployment Fraud

The Reality Of Unemployment Fraud

Unemployment fraud isn’t new. There have been instances of it dating all the way back to when the system for helping people stay financially solvent after they suddenly lost a job was first created.

The high number of people who were forced to claim unemployment benefits when the COVID-19 pandemic struck the United States, combined with some unexpected unemployment bonuses the government instituted in an attempt to keep the economy running has triggered an interest in unemployment fraud.

Loree Levy, a spokesperson for the California Employment Development Department, recently confirmed that the state is on the lookout for people who are committing unemployment fraud. “We certainly have legitimate PUA claims in California, but we do suspect that a big part of the unusual recent rise in PUA claims is linked to fraud.” (source)

Levy’s department released a press release the addressed the issue. “These perpetrators are often using stolen identity information from national and global data breaches, as well as exploiting expedited payment efforts in the federal PUA program,” the release stated. (source)

In California, you can be charged with unemployment fraud if it’s believed that you knowingly supplied inaccurate information to obtain unemployment benefits you aren’t entitled to. Even if you’re application isn’t approved, you can be charged with unemployment fraud.

Examples of unemployment fraud include:

  • Providing false identification information on the application.
  • Failing to report earned income while collecting unemployment.
  • Failing to report additional forms of compensation you’re collecting while also collecting unemployment.
  • Not being a legal California resident.
  • Falsifying employment information.
  • Stealing another person’s unemployment check.

Individuals aren’t the only ones who can be accused of unemployment fraud. Employers can also end up in hot water. If an investigation reveals that employer-supplied false information to the state to make it difficult for an employee to collect the unemployment benefits they deserve, the employer will be charged with unemployment fraud.

Unemployment fraud in California is a wobbler offense. Whether someone is charged with a misdemeanor or a felony depends on the amount of money they collected from the scam. If the amount is less than $950, misdemeanor charges are filed. The penalty can include a $1,000 fine and spend up to six months in county jail.

If the amount is greater than $950 and the prosecutor decides to stick to with a misdemeanor, it’s a potential $10,000 fine and year in a county jail.

In felony unemployment fraud cases, the amount must exceed $950. Being found guilty could result in up to a 5-year jail sentence and a $50,000 fine. In addition to the fines, the state demands that the money was stolen from the system be returned and adds a 30% interest rate to the total.

The best way to avoid an unemployment fraud charge is to be completely honest on your unemployment application.

 

About Our Online Bail Bonds Program

About Our Online Bail Bonds Program

About Our Online Bail Bonds Program

If you live out of state, struggle with transportation or aren’t in a position where you can make a trip to the David Ortiz Bail Bonds in Visalia office, but also need to arrange to bail a loved one out of jail, you should seriously consider our online bail bonds program.

What Is Our Online Bail Bonds Program?

Our online bail bonds program is quite similar to an online car insurance program. Instead of calling, you use the Chat With Us link which immediately puts you in touch with one of our bail bond experts. During the FREE bail bond consultation, our expert will listen to the unique details of your situation. They will also discuss how the David Ortiz Bail Bonds in Visalia program works. If you want us to provide the bail for your loved one, the next step is going through our online bail application process.

How Our Online Bail Program Works?

Don’t worry. You won’t be overwhelmed by our online application. It’s quite straightforward and simple. First, you’ll have to provide some basic information which includes:

  • Date of Birth
  • Address
  • Current Employment
  • Driver’s License Number
  • Phone Number

The most complicated part is explaining the circumstances of your loved one’s arrest. Most people find it that it only takes them 10 or 20 minutes to complete the application. Since our bail expert has already discussed the situation, it doesn’t take long to approve the online bail application.

Once you’ve completed the application, we review it and discuss bail bond payment plans. At this point, you’ll be sent a copy of the contract that you’ll have to sign. You can do this by either using an electronic signature program or by printing the contract, signing it and scanning the newly signed form. In addition to the signed contract, we’ll also need a photo of your driver’s license or state-issued identification card.

How Long Before Your Loved One is Free?

We can’t predict how long it will take the courthouse to file the paperwork, but we can assure you that as soon as we approve your bail contract, we work as quickly as possible to pay your loved one’s bail and get them released from jail. In most cases, the entire bail process doesn’t take long at all.

Why Choose Our Services?

In addition to creating a simple, straightforward online bail bonds program, there are several other reasons you should consider using David Ortiz Bail Bonds in Visalia when you or someone you love requires California bail.

Additional reasons to contact David Ortiz Bail Bonds in Visalia include:

  • 24/7 Bail Bond Service
  • FREE Consultation
  • 20% Discount
  • 0% Interest Payment Plans
  • Over the Phone Approvals
  • No Hidden Fees
  • No Collateral with Working Co-Signer
  • Easy to Understand Contracts
  • Discrete Service
  • Se habla Español

We have people on hand who speak Spanish.

Here at David Ortiz Bail Bonds in Visalia, we’ve done everything in our power to make the entire bail process as fast and stress-free as possible.

For a FREE bail consultation with a professional bail agent and to get additional information about how our online bail program works, just call David Ortiz Bail Bonds in Visalia at 1-866-485-6356 or 661-326-0608 or click Talk To An Agent Now to chat.

 

Invasion Of Privacy Laws In California

Invasion Of Privacy Laws In California

Invasion Of Privacy Laws In California

Everyone has the right to expect some privacy. No one wants to spend their time wondering if someone is peeking into windows, spying on them through their laptop’s webcam or using electronic gadgets to listen to private phone calls. California’s lawmakers understand your desired to keep your private life private which is why they have created detailed invasion of privacy laws.

What Is Invasion Of Privacy

Most of us assume that invasion of privacy is something that happens whenever someone inserts themselves into some aspect of our lives that we would prefer they not be involved with. The problem is that proving you didn’t want a person involved in that portion of your life isn’t always easy so California’s lawmakers tried to create a list of actions that constitute an invasion of privacy.

Appropriation Of Name Or Likeness

If you’re image, name or a caricature of you is used without your permission by a business as part of an advertising campaign, you’re a victim of appropriation of name or likeness. This is considered an invasion of privacy. The challenge most people have is proving that the business knowingly appropriated your image/likeness for economic gain. In this situation, proving your invasion of privacy case involves:

  • Proving that your image/likeness was knowingly used.
  • That the business experienced financial gain from using your image/likeness.
  • That the business didn’t have your consent.

False Light

Invasion of privacy cases involving false light have increased since the internet and social media became a routine part of life. Legally, false light is basically a smear campaign. Proving this type of invasion of privacy case means showing the court that the defendant deliberately set out to ruin your reputation by spreading damaging and misleading information about you. This can include talking to journalists, spreading damaging rumors on social media, calling employers/friends/co-workers and telling them lies about you in a blatant attempt to hurt you. Most states require that you prove the defendant acted with deliberate malice.

Intrusion Upon Seclusion

Intrusion upon seclusion is what the average person thinks about when their thoughts turn to an invasion of privacy. This particular tort deals with issues such as the defendant tapping phone conversations without your permission, hiding hidden cameras in your home or peeping through windows.

Public Disclosure Of Private Facts

Public disclosure of private facts is something many people don’t realize is an invasion of privacy. Examples of public disclosure of private facts include things like:

  • Revealing medical records.
  • Publicly discussing private sexual conduct.
  • Openly discussing private financial matters.

While some public disclosure of private facts cases are cut and dry, others aren’t. If you’re accusing someone of this crime, you need to:

  • You shared the information with the expectation that it would remain private.
  • The general public didn’t have a genuine need for the information.

Penalties For Invasion Of Privacy

Getting charged with invasion of privacy in California isn’t a laughing matter. You could be found guilty of a misdemeanor and face up to 6 months in county jail and have to pay a $1,000 fine.

 

California’s Attitude Toward Vandalism

California’s Attitude Toward Vandalism

California’s Attitude Toward Vandalism

Vandalism is often an act of passion. Most of us are angry or hurt. We want to strike back at the person we believe treated us badly. We might choose to do this by smashing their mailbox, spray painting a crude message on the side of their house or slashing their tires.

Normally, we feel better about the vandalism… until the police knock on our door.

The problem with vandalism is that the victim almost always has a pretty good idea of who was responsible. If they’ve recently argued with, broken up with or aggravated someone they usually tell the police about the incident. The personal nature of the crime means that you’re likely to get caught.

What California Considers Vandalism

You might think that smashing someone’s mailbox is an act of just revenge. The state disagrees. They consider an act of property damage that was triggered by malicious intent to be vandalism. That includes:

  • Keying someone’s car.
  • Smashing a window with a baseball bat.
  • Painting graffiti on a building.
  • Covering someone’s front door with bumper stickers.
  • Etc.

The issue of vandalism is addressed in California’s Penal Code 594. It defines a vandal as, “Every person who maliciously commits any of the following acts with respect to any real or personal property not his or her own, in cases other than those specified by state law, is guilty of vandalism:”

  • Defacing with graffiti or other inscribed material
  • Damaging
  • Destroying

While you and your friends might think that vandalism is funny and appropriate, you shouldn’t count on the state having the same attitude.

How California Handles Vandalism

If you’re charged with vandalism in California, you want it to be a misdemeanor and not a felony. The maximum punishment for a misdemeanor vandalism charge in the state is 364 days in county jail and could include a $10,000 fine. In many cases, the judge opts for a smaller fine, restitution and community service. For the vandalism to be considered a misdemeanor, you can’t have done more than $400 worth of property damage.

If your act of vandalism created more than $400 worth of damage, you’re facing felony charges. Not only will they have a negative impact on your ability to find a job, but you’re also facing a maximum sentence that includes 3 years in a California state prison and a $10,000 fine.

Considering the potential severity of a vandalism charge, the next time you’re angry with someone, you should simply sit tight until the urge to take out your frustration on their personal property fades.

 

Ponzi Schemes And California Law

Ponzi Schemes And California Law

Ponzi Schemes And California Law

Ponzi schemes aren’t legal in California. The state considers these financial cons a type of financial fraud. California’s judicial system is currently set up in such a way that it helps protect whistleblowers and consumers from getting caught up in the legal drama that always surrounds Ponzi schemes.

Difference Between Ponzi Schemes And Pyramid Schemes

Many people mistakenly assume that Ponzi schemes and pyramid schemes are the same things. While there are quite a few similarities, there are also a few key differences.

Ponzi schemes are usually handled by a single person. That individual convinces investors to take part in something, usually a promised investment, that never comes to fruition. Investors are convinced that they can’t possibly lose money and will make a huge return on their investment. It usually takes a great deal of time for the investors to realize that the person who is “managing their portfolio” is actually running a con and is keeping their money.

The Bernard Madoff debacle is a perfect example of a Ponzi scheme. Madoff created the Bernard L. Madoff Investment Securities, LLC and was able to convince several people he was the real deal. His pitch was so good, he amassed close to 5,000 investors. It’s believed that his take was close to $65 billion.

A pyramid scheme is more elaborate and involves more people, some of which don’t realize that they’re committing a crime. With a pyramid scheme, a single person not only recruits investors but also recruits people who gather even more investors. The original person is the very top of the pyramid in this particular scheme. Most pyramid schemes involve a type of product that does actually exist.

Business in Motion is an example of an illegal pyramid scheme. The program revolved around the sale of economical vacation plans. Each person who bought into the program invested $3,200. If the person was able to sell additional vacation packages to friends and family, they’d earn a $5,000 commission.

Approximately 2,000 people bought into the pyramid scheme. In 2008, they launched a class-action lawsuit against the program’s creator. A judge agreed that the program was a pyramid scheme and awarded the investors a $6.5 million ruling.

The Legal Ramifications Of Running A Ponzi Scheme

Ponzi schemes are prohibited in California. The laws that address Ponzi schemes are found in the California Penal Code Section 319. The creators of Ponzi schemes in California can be charged with:

  • Laundering Money
  • Business Fraud
  • Mail Fraud
  • Securities Fraud
  • Tax Fraud
  • Wire Fraud
  • Theft

Charles Ponzi is considered the father of the Ponzi scheme. Ponzi was eventually convicted of mail fraud and spent 14 years in prison.

 

What Can We Do For You?

What Can We Do For You?

What Can We Do For You?

Everyone has those people in their life that they would do anything for. If one of these people needs help moving or just someone to vent to, you will be there. They know this and that is why they called you to ask for help getting out of jail. You’ve never dealt with bail before, but you aren’t about to let that stop you.

Luckily for you, David Ortiz Bail Bonds in Visalia is here to help. We are a statewide bail bonds company that has helped Californians deal with bail for over 30 years.

We are always there for our clients no matter the time or place.

We have offices located all over the state. In the areas where we don’t have offices, we have roaming agents who can lend a hand.

Whenever a client needs help, we will be there for them. We have bail agents available to talk and answer questions all day, every day (including holidays). They provide FREE consultations 24/7 and will gladly walk all of their clients through each step of the bail bond process.

On top of simply being there for our clients, we provide them with an affordable option for rescuing their loved one from jail. All of our bail bonds only cost 10% of the bail that they are for. This means that our clients earn themselves a 90% discount on the cost of bailing someone out of jail just by coming to us for help.

Some of the other benefits we provide for our clients include:

  • 20% Discount
  • Phone approvals
  • 0% Interest Payment Plans
  • No Hidden Fees
  • No Collateral with Working Co-Signer
  • 24/7 Bail Bond Service
  • FREE Consultation
  • Se habla Español

Just like you are always there for your loved ones, David Ortiz Bail Bonds in Visalia is always there for our clients. If you come to us for bail help, you can count on getting some of the best help available in the state. Our agents will take care of you and help you get through this. All you have to do is talk to one of them.

To learn more about our services, feel free to call David Ortiz Bail Bonds in Visalia at 1-866-485-6356 or 661-326-0608 or Talk To An Agent Now to chat. Consultation is always FREE!

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At David Ortiz Bail Bonds, we do everything to make your bail experience as hassle-free as possible. David Ortiz Bail Bonds offers complete bail-bonding services along with numerous benefits.