Changing your name used to be rather simple. People use to just pick a new name, start using it, and ask government agencies like the DMV and Social Security to change your name in their records. After a while, your new name would become your “official legal name”.

This is still done today, however it is highly recommended to do it the professional way through court proceedings. Today, because identity theft and fears about terrorism have become more frequent, most agencies will require that you have a court order changing your name before they will change the records. The exception to this rule is for marriages and domestic partnerships. Couples may take their marriage license to these agencies and will be granted a name change.

So can you change your name to anything you want? Almost, but not quite. You may not change your name to the name identical to a famous person if you are doing it for fraudulent purposes, to benefit financially, or to give the person a negative reputation. You also may not choose a name that is also known as a racial slur or “fighting words”. Additionally you cannot use fictitious names that are protected by copyright such as names like Clark Kent (Superman) or Bella Swan (Twilight Saga).

As directed by the San Diego courts, in order to change your name you must first file a Petition for Change of Name and pay the filing fee. After you file this petition, you will get a court date on your Order to Show Cause for Change of Name that will be between 6 and 12 weeks away.

You must then publish your name change request in a local newspaper for four consecutive weeks prior to your court hearing. Note that if you’re changing a minor’s name and you aren’t the only legal parent, you’ll need the other parent’s permission to make the change, or else you’ll need to deliver court papers to that person and then argue in front of the judge for why the name change is in the minor’s interest. The minor does not have to be present at the hearing.

You must bring the following with you to court:

• Copy of newspaper publications
• Completed Decree of Name Change form NC-130
•  For name change of a minor, Proof of Service to the non-filing parent if petition is filed by one parent.

The court can choose not to approve the name change for certain reasons. They can choose not to do so if they believe the request is for fraudulent purposes or to hide from police officials.

After your name change has been approved, you can obtain a certified copy of Decree of Name Change. You can take that court order to any agencies and institutions that have records about you, and ask them to change your name in their official records.

California law prohibits the possession or use of destructive devices in Penal Code 18710-18780. It includes:

Any person, firm, or corporation who, within this state, possesses any destructive device, other than fixed ammunition of a caliber greater than .60 caliber, except as provided by this chapter, is guilty of a public offense and upon conviction thereof shall be punished by imprisonment in the county jail for a term not to exceed one year, or in state prison, or by a fine not to exceed ten thousand dollars ($10,000) or by both such fine and imprisonment. (18710 (a)(b)).

The above code references people who obtain destructive devices. However, evidence that you intended to use these devices…or evidence that you actually did use these devices substantially increases your criminal liability and your sentence.

Every person who possesses, explodes, ignites, or attempts to explode or ignite any destructive device or any explosive with intent to injure, intimidate, or terrify any person, or with intent to wrongfully injure or destroy any property, is guilty of a felony, and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for a period of three, five, or seven years (18740).

Codes 18745,18750, 18755, & 18780 explain the punishments for people who possess the destructive device and intend to cause great bodily injury or death. If you intend to cause death, or actually do cause death or great bodily injury, you can potentially face life in prison.

In addition, in 1994, the US Congress passed a law making it illegal to distribute or pass out information instructing how to build bombs. However, the law only applies when the information is given to help someone commit a federal crime or given with the knowledge that another intends to use the information to commit a violent federal crime. If found guilty of this crime, one faces a fine of up to $250,000, up to 20 years in prison, or both.

Making, possessing or using bomb or other destructive devices is extremely dangerous and extremely illegal! Don’t get tangled in a crime like this.

After an arrest takes place, the arrest report is sent to the prosecutor of that same county. Police officers usually make arrests only if they believe they have good reason (probable cause) to believe a crime has been committed. By contrast, prosecutors can file charges against the arrested individual(s) only if they believe that they can prove a suspect guilty beyond a reasonable doubt to a judge or jury.

The prosecutor’s  job it is to initiate and prosecute criminal cases. They look at all the circumstances of a case, including the suspect’s past criminal record, when deciding whether they will file charges and which charges to file. Prosecutors can file charges on all crimes for which the police arrested a suspect for. They can also file charges that are more or less severe than the charges sugested by the arresting agency, or can decide not to file any charges at all. The prosecutor does not want to waste time or money trying to convict someone for something that they cannot prove beyond a reasonable doubt. Therefore, they use careful discretion when choosing who to charge.

Typically, prosecutors base their initial charging decisions on the documents sent to them by the arresting police officers (usually called police or arrest reports). After they arrest someone, they complete an arrest report and then send it to the prosecutor’s office where a prosecutor will review it. Arrest reports summarize the events leading up to arrests and provide numerous other details including, but not limited to, dates, times, locations, and witnesses’ names and addresses.

People who are arrested sometimes claim that the arrest reports contain false or one-sided information. They generally recite only what the police decide to include and may include only witness statements that support the officers’ theories. While they are generally not admissible as evidence in a trial, arrest reports can have a major impact in criminal cases.

Once the prosecutor has reviewed the reports, he/she will either:

• decide that the case should be charged, and file a complaint (file charges)

or;

• decide not to file charges at all.

For suspects who are in custody, California speedy trial laws require prosecutors to file charges, if at all, within 72 hours. For those that are bailed out of jail before the prosecutor makes a decision, the statue of limitations to file charges generally equal the maximum jail term penalty of the crime being suggested. For example, If someone was arrested for a misdemeanor, who’s maximum jail sentence would be one (1) year, the statute is generally one (1) year. For someone who is facing charges for murder and the maximum sentence is life…the statute would generally not expire.

Prosecutors’ initial charges are subject to change. For example, a prosecutor may not make a final decision on what charges to file until after a preliminary hearing.

Some aspects that may influence a prosecutor’s decision to file charges include:

What justice requires:

Some decisions are made based on what the prosecutor believes “justice requires.” Doing justice means that a prosecutor must occasionally not prosecute someone (or file lesser charges against them) because of the interest of justice (wasting court time, saving money, the law abiding citizen made a simple mistake, etc…)

Informal policies:

Often in response to community pressure, some policies are informally implemented on certain crimes. For example, due to the elementary school shooting in Connecticut, that district may decide that anyone being caught with a weapon on school grounds may not “plea bargain” their felony down to a lesser offense.

Political pressure:

Prosecutors may also be influenced by their own ambitions for public office. Most prosecutors are elected officials. Many of which, view their position as a step towards higher office. Their charging decisions are often, therefore, affected by public opinion or important support groups.

It is important to obtain a private lawyer as soon as possible after arrest. This way, your attorney can immediately make contact with the prosecuting agency. An experienced defense attorney will have a relationship with the Prosecutor and may be able to convince them not to file charges or to file lesser charges. This is one of the reasons why any criminal defendant will benefit from the help of an experienced, competent and local criminal defense attorney like myself. Call my office today at 619-238-1905 for a free consultation.

Yes, it is Friday, and here are a few funk legal facts to start your weekend!

Toad licking banned

Did you know that in California, it is illegal to lick  toads in order to get high as some people were getting injured by the toads’  poison. I have a question on this. The first person that ever licked a toad,  exactly what was going through his head when he did it?

Beer making formula

Did you know that in Texas, the Encyclopaedia Britannica  was banned as it gave people the formula for making beer! Err, I think they  should also ban Google as I’m sure the formula for making all types of alcohol  is on there too.

Children under 12 banned from  phoning

Did you know that in Blue Earth, Minnesota, it is illegal  for children under 12 years of age to speak on the telephone unless accompanied  by one of their parents? But, what if they need to ring one of their parents   who are both out of the house? Anyone thought of that one?

Illegal to marry the same man  4 times

Did you know that in Kentucky, it is against the law for a  woman to remarry the same man four times. Why would anyone in their right mind  marry the same person 4 times? It failed the first 3 times, will the 4th be any  different?

Kill 6 blackbirds before you  marry me

Did you know that In Truro, Mississippi, before a man can  get married, he must prove himself worthy by killing either 3 cows or 6  blackbirds! I would go for the cows personally, easier targets:-) I wonder if  you could haggle with 2 cows and 3 blackbirds?

Children need a licence to play games

Did you know that In Tennessee, it is illegal for children  to play games on a Sunday without a valid license? Is this license only required  for video games or do you need one to play Monopoly and eye spy as well? And who  knows if you’re playing without a licence?

Soap stealers forced to use it

Did you know that in Mohave County, Arizona, if you are  caught stealing soap from a shop, you must wash yourself with it until the soap  has gone! A quick word of advice. If you are going to steel soap, make sure it’s  the liquid type, it’s easier to use and you will definitely make a clean getaway  afterwards:-)

Get dressed or die

Did you know that in St. Louis, Missouri, it is illegal for  a fireman to rescue a woman wearing only a nightgown?  In order for her to be  rescued, she must be fully clothed! Does that included jewellery, nice matching  shoes and handbag? Really!

The First Amendment to the U.S. Constitution gives us the freedom to record law enforcement in public domains. However, police around the country still harass and arrest individuals who do so. Individuals living in a state like Illinois, will be charged with a felony for recording someone without their permission.

In each state, except for Massachusetts and Illinois, the laws include a provision that the parties being recorded must have a reasonable expectation of privacy for it to be a crime to record them. Since police do not have an expectation of privacy while they are doing their work on the public street, video or audio recording of a police officers would not be banned.

The Illinois legislature took out “the reasonable expectation of privacy” exception specifically to make it illegal to videotape police officers. Illinois, being one of the most strict states when it comes to law enforcement recording, has had several court proceedings related to this.

Places like Illinois and Massachusetts have outraged certain unions and civil rights groups. IN 2012, the 7^th Circuit of Appeals Court (The appeals court that covers Illinois) found a specific First Amendment right that allows the recording of police officers. They stated that “audio and audiovisual recording are communication technologies, and as such, they enable speech.” This held that banning the allowance to record law enforcement, would be the same as banning our rights to freedom of speech. This will violate our First Amendment rights, and therefore, can not  be allowed.

The 7^th Circuit of Appeals is not the first appellate court to deny the continuance of these anti-recording laws. In 2011, the 1^st Circuit (covering Massachusetts) stated that the police that arrested him for recording cops could be sued by him because they violated his rights. The Court states: “Gathering information about government officials in a form that can readily be disseminated to others serves a cardinal First Amendment interest in protecting and promoting ‘the free discussion of governmental affairs.’”

It is now technically legal to record on-duty police officers in every state in the country. Will this stop police from arresting people for the same thing? Probably not. Police may use the statement that they arrested someone for “obstruction of justice” or “disturbing the peace” instead of admitting that they arrested them for videotaping. Fortunately, charges against anyone arrested will likely be dropped and the courts will likely not support the arrests.

If you are going to do it, make sure that you are not interfering with their investigation or work in any kind of way.

For people who have been convicted of a DUI, they know the consequences and fees associated with it: Jail, fines, suspension and the revocation of driving privileges. However, DUI’s have many other expenses that most people don’t know about. The unspoken costs of a DUI conviction can range from freedom to money to the very right to travel.

Here are possible or mandatory consequences:

In the past ten years, most states have added DUI school as a mandatory part of sentencing. There is a First Conviction Program (FCP) for first time DUI’s and a Multiple Conviction Program (MCP) for people who have been arrested for DUI before. The cost of this school may be from $100 to $400, and if you show up for the class under the influence of alcohol or drugs, you will be dismissed from the course and have to pay the fee and begin the course again.

Another common DUI consequence in California is attendance at a “MADD” (Mothers Against Drunk Driving) meeting. This is a sobering meeting with the victims of drunk drivers and/or the families of victims.

Convictions may also sometimes include a Ignition Interlock Device (IID) to be placed into your car. This is a portable breathalyzer which attaches to your vehicle and prevents the car from starting unless you test under .02 blood alcohol.

Then there is also the “Public Service Program”, also referred to as “Public Work Service.” The amount of days assigned to someone is based on the BAL they had while driving.

Jail time! Mainly for people having been convicted of a DUI previously, there is mandatory jail time.

The costs involved:

Estimated costs include:

• Attorney fees could range $1500 to $10,000, or more if there is a jury trial or appeal.
• Fines and court fees could be from $515 to $ 8,125.
• Civil Suits could be placed against a drunk driver causing injury to someone else and the price of this could be unlimitied.
• Electronic Home Monitoring = $150 to $ 2,250 or more.
• Time lost from work because of court, programs and community service= $750 to $10,000.
• License reinstatement fee at the DMV is $150.
• Ignition Interlock Device could cost someone $730 to $ 2,800 with monthly calibration and rental fees.
• Alcohol Treatment =$1,500 to $ 20,000.
• Insurance= $1,800 to $3,000 additional premium added because of the conviction.
• Towing charges $50 to $400

Other consequences of DUI’s do not have to do with money. Many automobile rental agencies will not want your business after you are convicted. If you are convicted, you may not be able to obtain life insurance at any price. In addition, many health insurance companies will “rate” you, charge you an extra premium, or deny you coverage.

A DUI conviction may even prevent you from traveling to some countries. Some countries will refuse entry to anyone with a criminal record. Although some countries only count felonies, there are others, including Canada, that count all criminal convictions, including DUI as a basis for exclusion from the country.

Additionally, some employers will not higher anyone with a misdemeanor, but more specifically, a DUI on their record.

As time progresses, punishments get even more strict for DUI convictions. The future includes higher fines and costs, and mandatory jail in many states. If you are arrested for DUI, the additional cost of having an attorney who has years of DUI experience may more than pay for itself, if it means fighting the charge, minimizing punishments, and possibly avoiding a conviction all together.Call my office at 619-238-1905 for a free 30 minute consultation.

Here are some random laws I’ve found that are just plain stupid!

Most everyone has heard of the term “citizen’s arrest”. But do you really know what it means? How about when you’re allowed to use it?

The statute describing the “citizen’s arrest” term, explains that in certain situations, citizens, (not a peace officer or other persons of the law), have the power to make an arrest of another citizen. It is when ordinary people detain a suspected criminal.

However, this rule does not mean that people can just freely arrest people and claim that they did it under the citizen’s arrest rule. There are some boundaries and regulations that people need to follow in order to refrain from civil or criminal liability.

A person can arrest someone that they reasonably suspect of committing a felony, even if the felony didn’t occur in the presence of the individual making the arrest. As long as a felony was committed and the person making the arrest knew of the crime, a reasonable suspicion about the identity of the suspect will justify their arrest.The felony must have actually occurred before an individual can make a citizens arrest. If the crime did not actually happen, the individual making the arrest could possibly face civil and/ or criminal charges.

A citizen may only arrest someone for a misdemeanor crime if they:

1. personally witnessed the criminal behavior and the crime has just occurred
2. that crime is going to cause a disturbance to the peace

Although the regulations involving a citizen’s arrest are less strict than those of an arrest by a peace officer, there is one regulation that they both obtain. That is, the use of force. Anyone carrying out a citizen’s arrest is prohibited from using any excessive force that is to be considered unreasonable and unnecessary for the arrest. States have different rules about the use of deadly force during a citizens arrest, and failure to comply with the law in this area can result in serious consequence.

People deciding to make a citizen’s arrest must use their judgment to decide the amount of force needed to detain the suspect. Every individual has the right to arrest wrongdoers in certain circumstances, but individuals making the decision to do so act at their own risk. Not only is apprehending a criminal dangerous, but failure to meet the legal requirements for a citizens arrest could have unfortunate consequences for the person making the arrest.

California Penal Code 242 describes “Battery” as “any willful and unlawful use of force or violence upon the person of another.” It is sometimes described as “assault and battery”, however, assault and battery are not one in the same. Assault only requires an attempt to use force or violence on another. Someone cannot commit battery without first committing assault as assault is a lesser included offense of battery. Therefore, someone can be convicted of both charges, but will only be sentenced for one.

Someone can be convicted of battery even if they do not injure the other person, as long as they make some kind of physical contact that is unwanted by the other person.The slightest touch is sufficient for a battery if it is done in a rude, angry, or disrespectful manner.

Battery can be charged as either a misdemeanor or a felony. Someone can be charged with battery or aggravated battery, depending on the injuries caused. If the battered person doesn’t suffer serious bodily injury, prosecutors will file the case as a misdemeanor. However, if that person assaulted a peace officer or any other protected civil servant, they could still be charged with a felony regardless of the lack of injuries.

Someone convicted of a “simple battery” may face informal probation of up to three (3) years, up to six months in county jail, possible community service, possible mandatory enrollment in a batterer’s program, and a maximum fine of $2,000.

Aggravated battery is a wobbler, so it can be filed as a misdemeanor or felony, depending on details of the situation and/or the suspect’s history. Someone will be charged with aggravated battery if they cause serious bodily harm to the battered person. Serious bodily injury is one that results in a significant injury. Some examples could include loss of consciousness or broken bones. If someone is convicted of aggravated battery, it is considered a violent felony and they will be subject to a “strike” against their record.

Someone convicted of aggravated battery (depending on if it is a misdemeanor or felony), may face:

• informal or formal probation;
• up to one year in county jail or 2,3,or 4 years in prison;
• a maximum $1,000 or $10,000 fine, and for felonies;
• and/or a possible strike on their record.

The most commonly defenses used for this crime is

• self-defense or defense of others;
• consent (i.e. a sport of acting scene);
• it was an accident;

If you or someone you know has been charged with battery, you need the help of an experienced attorney. Call my office at (619) 238-1905 for a free consultation.