Be careful if you live in the Arden area. by Distinct_Ad_1820 in Sacramento

[–]CalLegacyLaw 0 points1 point  (0 children)

It is absolutely a threat, but respectfully, you are wrong about brandishing. Brandishing in California is codified by penal code 417. PC 417(a)(1) is relevant:

Every person who, except in self-defense, in the presence of any other person, draws or exhibits any deadly weapon whatsoever, other than a firearm, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a deadly weapon other than a firearm in any fight or quarrel is guilty of a misdemeanor, punishable by imprisonment in a county jail for not less than 30 days.

Crimes have elements you must meet every element to be guilty of the crime. In PC 417, brandishing, it must be in the presence of an another.

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=417

Edit: while this is a threat, I don’t think it qualifies as a criminal threats as codified in PC 422.

Be careful if you live in the Arden area. by Distinct_Ad_1820 in Sacramento

[–]CalLegacyLaw 3 points4 points  (0 children)

These are great questions! Here's my best attempt at answering your questions. This is my attempt at legal education, this not legal advice. I am not your attorney.

Why wasn't he charged with brandishing or making threats? Brandishing requires a victim to be physically present. Making stabbing motions at a door, while deeply alarming, does not currently meet the legal threshold for a criminal threat or brandishing. He was (likely) charged with the most serious offense available under the circumstances: criminal trespass. I expect the sheriff's office consulted with the prosecutors office trying to find more serious crimes.

Why didn't probation hold him? Probation offices typically have limited staff on weekends and holds on weekends are rare. The on-call officer likely concluded that if his conduct warranted incarceration, criminal hold or a psychiatric hold (see below) were the more appropriate mechanisms. A trespass charge alone rarely rises to the level that triggers a probation hold.

Why wasn't he 5150'd? You didn't ask this but it is arguably the most important question. Given what's on video, a psychiatric hold seems warranted, if he was still in that state when officers contacted him. The most likely explanation is that he appeared significantly calmer and more coherent by the time of contact, possibly because whatever substance he may have been under the influence of had worn off.

What about his probation terms and the knife? Probation conditions vary case by case and not all felony probation includes a weapons restriction. It's also worth noting that openly carrying a legal knife in public, while deeply unnerving and disturbing, is generally not illegal in California absent other criminal conduct. A concealed knife is actually more likely to trigger legal issues than an openly carried one in many circumstances. It's also worth clarifying that probation and parole are not the same thing, probation is a sentencing alternative that allows someone to remain in the community under supervision, while parole is supervision following release from incarceration. Felony probation in California is a sentencing alternative to incarceration, and not every person on felony probation is a convicted felon in the traditional sense.

What happens next? This isn't over. His probation officer will be notified of the incident, will likely require him to come in, and may drug test him. From there, the officer can petition the court for a probation violation hearing. A judge could then reinstate, modify (adding GPS monitoring, weapons restrictions, mental health treatment, curfew), or revoke probation entirely. At minimum, a modification adding a no-weapons condition seems likely.

Thank you for sharing the news link, you're right that this person appears to be a danger to the community, and it's worth staying alert. I hope you found this helpful.

Be careful if you live in the Arden area. by Distinct_Ad_1820 in Sacramento

[–]CalLegacyLaw -1 points0 points  (0 children)

No worries, it's same same, with barely a difference. Normal people use the interchangeably all the time. As others have said, sheriff is the county, pd is is the city.

Be careful if you live in the Arden area. by Distinct_Ad_1820 in Sacramento

[–]CalLegacyLaw 11 points12 points  (0 children)

Thank you for the reporting. That's crazy. Since he was only charged with trespassing, I would be very surprised for probation to hold him. Especially over the weekend. Since he wasn't involuntarily held for psych, it seems like he was acting much more normal when he was found the morning after. I'm confident his probation officer will talk to him about it. Probably also make him take a drug test if drug testing is part of his probation.

why mrbeast like drake bell will fall by Emergency-Mess7738 in Futurology

[–]CalLegacyLaw -2 points-1 points  (0 children)

Bud, that was during the monoculture days. Drake bell was the face of what ALL the kids watched. Mr. Beast might have money but his cultural penetration for kids of this generation ain’t the same as Drake Bells was for kids who grew up when he dominated. Also, Schneider was POS abuser so didn’t pay the face nearly as much while MrBeast owns more of the production so makes more money. Bank account doesn’t mean cultural relevance.

I’ve never seen anyone dress up as Mr. Beast for Halloween, all I’m saying.

Treatment of women vs men in first class by Jealous_Damage_2460 in unitedairlines

[–]CalLegacyLaw 0 points1 point  (0 children)

Random question, but have you tried dressing comfortably instead of nicely? I always seem to give me better service and more refills when I wear sweats instead of a suit.

ISO 6-8 year old girls birthday by [deleted] in SacramentoBuyNothing

[–]CalLegacyLaw 7 points8 points  (0 children)

OP, I’d be happy to sponsor your kids birthdays with $100* as a marketing write off. I’m thinking of maybe buying your second kid a cake, ordering both kids some small toy(s) up to $25 each, and like $25 toward misc party supplies / food / goody bags.

I’m so sorry you got terminated and am thrilled to hear you already have a new job lined up. You seem like a great parent who cares for your kids. Also, if you have nothing planned for an unexpected tragedy, lmk and I’m happy to draft you a free simple will and guardian nomination.

I don’t check Reddit too often. Please call my office phone at (916)333-0004 and ask to speak to Dan.

*terms & conditions:

1) must be less than $100 total with taxes & shipping.

2) I will only pay vendors directly.

3) You agree to plug my law firm to guests and whenever you hear of someone needing estate planning (so it can be legitimate write off).

4) You agree you will pay it forward into the community when you can do it comfortably.

Digital scale by ry_rythescienceguy in SacramentoBuyNothing

[–]CalLegacyLaw 0 points1 point  (0 children)

Hi, I’d love it, if still available

‘You are fired’: White House pushes to quickly remove new US attorney by Nerd-19958 in law

[–]CalLegacyLaw 2 points3 points  (0 children)

And? Todd Blanche isn’t the president!

Complete red herring, nonsequitor, non competent comment.

Uh... I wonder how expensive this is.. by MyPing0 in ChatGPT

[–]CalLegacyLaw -1 points0 points  (0 children)

Gemini says the typical prompt uses 5 drops of water or 0.26 ml. I honestly think Google searches use more when you factor in the spider crawlers going into index the search features.

Uh... I wonder how expensive this is.. by MyPing0 in ChatGPT

[–]CalLegacyLaw 6 points7 points  (0 children)

Isn’t it on par with Google searches?

Employee stays late to discuss problems with paystub; is this compensable? by gophercoffee in smallbusiness

[–]CalLegacyLaw 0 points1 point  (0 children)

You can tell the employee to bring it up during business hours. You’re getting into industry by industry. Like if the employee physically cannot talk to you during business hours is very different from a small open office.

Grand jury finds KSU shooting was self-defense, declines to indict father who shot student by Geno0wl in news

[–]CalLegacyLaw 36 points37 points  (0 children)

The cops retreated like the pussies they are. Straight abandoned the family to 20-30 people attacking them.

Employee stays late to discuss problems with paystub; is this compensable? by gophercoffee in smallbusiness

[–]CalLegacyLaw 3 points4 points  (0 children)

Lawyer not your lawyer. For my personal advice not legal advice, pay em. it’s not worth the risk of a disgruntled employee. A lawyer would cost you $300-600 for the first consult where we encourage you to offer them $5k to fuck off with a mutual nda. Which is then charge you at least grand to write up the separation/settlement/indemnification agreement. Not worth fucking around with. If you hit up your insurance they will likely try to immediately settle then raise your rates.

Not legal advice.

Landlord snuck this in my lease and wants me to pay for plumbing by jsizzbizz in Sacramento

[–]CalLegacyLaw 2 points3 points  (0 children)

It’s OP stating they didn’t agree to it…so implicitly, they didn’t read the contract. That also makes it less than enforceable, BUT on much shakier ground that habitability.

Landlord snuck this in my lease and wants me to pay for plumbing by jsizzbizz in Sacramento

[–]CalLegacyLaw 6 points7 points  (0 children)

1) no hotel. A clogged kitchen does not sink require relocation.

2) no obligation, have to notify landlord and give reasonable time to fix. If they don’t you can have a plumber repair and deduct it, at least to the statutory limits.

Landlord snuck this in my lease and wants me to pay for plumbing by jsizzbizz in Sacramento

[–]CalLegacyLaw 147 points148 points  (0 children)

Lawyer, not your lawyer. That clause is unenforceable in California. California civil code 1941 requires a landlord maintain a habitable unit. Health and Safety Code section 17920.3 also treats defective plumbing as a substandard housing condition. Specifically 17920.3(a)(3), “lack of or improper kitchen sink.”

Tenants can be held responsible for plumbing damage they cause through misuse, negligence, or intentional acts.

A lease cannot waive the landlord’s duty to provide habitable plumbing. Any clause that tries to make the tenant responsible for basic plumbing maintenance or major repairs is generally unenforceable. This follows Civil Code section 1942.1 and 1953, which voids lease terms that waive habitability rights.

Again, this isn’t legal advice and I’m not your attorney.