Is it a crime to open someone else’s mail? The short answer is yes. However, there are several factors that need to be considered to determine if you were at fault. You can be considered guilty of “obstruction of correspondence,” which is a serious felony. If you are charged with a federal mail crime, you must contact a federal crimes attorney as soon as possible.
Opening, damaging, or hiding another individual’s mail is a legal offense in the United States. If someone intentionally interferes with the delivery of another person’s mail, that person is committing mail theft. Keep in mind that opening a mail with no known address can also be considered mail theft. If you are found guilty of opening someone’s mail, you can face serious penalties.
Some people open someone else’s emails or mail that was not addressed to them without realizing that they can be sued. In addition, the fine for committing mail theft can lead to jail time. If you get delivered mail that is not addressed to you, you should follow the best practices for the re-handling of mail that will help you avoid committing any type of legal offense.
It is not a punishable offense to open mail that was delivered to you by accident. It might be that you received mail that is addressed to someone else and unintentionally opened it without reviewing the postal address.
The best thing to do is to return it by writing a “return to sender” note on it. The postal service should recognize that it is not your mail and will redeliver it to the correct postal address.
It would be a crime if you open, damage, or hide mail that is not addressed to you. Sometimes you may receive mail with your address but someone else’s name on it. It still implies the mail belongs to another person and opening their mail is illegal. You should attach a “wrong address” note on the mail and put it back in the mailbox.
If you’re house-sitting for another individual and their mail arrives, you can contact the owner for permission to receive and open the mail. Opening the owner’s mail without informing them is illegal, and the recipient of the mail can sue you. If you open mail with the owner’s permission, it is not a crime to do so.
The mistake of delivering mail to the wrong address is the fault of the postal service provider. If you come across an envelope or any type of mail addressed to someone else, do not dispose of it, as that would mean that you impede the delivery of mail, which is a punishable offense. You should also be careful not to damage it or open it.
If it is for a nearby neighbor or someone you know, it is best to deliver the mail yourself. If you do not recognize the address, inform the postal service provider, and they will retrieve the mail from you and deliver it to the right address or return it to sender.
As mentioned above, you can write a small note and stick it on the mail envelope to inform the carrier regarding their mistake. However, remember not to write anything directly on the envelope or packaging.
If you accidentally open someone else’s mail and the owner of the mail is going to press charges, it is best to hire a federal crimes attorney to help you fight the charges. The federal crimes attorney can guide you on what charges were pressed against you, and whether you were at fault or not.
If you suspect that a federal investigation is in action against you, contact a federal crimes attorney. An experienced attorney will represent your case in court and handle all relevant communications and paperwork of the lawsuit. If your case is weak, the lawyer can help you secure a plea bargain.
Eviction is the legal process through which a landlord removes a tenant from their property. Each state in the U.S has specific eviction laws and procedures; however, some general eviction rules apply to landlords and tenants residing in any state.
A tenant can be evicted if their lease is violated or expired, the rental term expires, or the tenant does not pay rent on time. Here is how long the process takes after the tenant violates the rental agreement.
A landlord can also evict the tenant if they refuse to leave after the rental agreement has expired. Other reasons for evictions include excessive damage to the property or being a nuisance to the neighbors.
Self-help eviction, which is the process of forcing a tenant out of your property, is not allowed in almost all states in the U.S. This means that a landlord is not allowed to lock the tenant outside the house, deprive them of basic utilities, or throw their belongings out of the property to get them to leave.
The notice to vacate should include a clear deadline for the tenant to vacate the premises. If the tenant does not act accordingly and the notice expires, the landlord can move further with the eviction process. However, this process may vary depending on the state where you reside.
Many states do not require the landlord to send their tenant a written notice. If the lease agreement has been violated, the landlord can immediately file an eviction.
Filing an eviction action, the time it takes for the tenant to respond, and scheduling an eviction can take anywhere between a few days to several weeks, depending on the state laws and the specifics of the case.
The first hearing can allow the plaintiff and the defendant to settle on an agreement. A tenant that is facing eviction due to non-payment of rent can be allowed to redeem the tenancy by paying off the balance. The judicial officer decides whether the tenant can stay or move out in the second hearing.
The court may postpone the eviction to give the tenant more time to move out or make amends. This happens with the tenant files a stay of execution. A stay of execution is filed to delay the order of eviction. In most states, it can extend the eviction process by six months.
In some states, the tenant may be given a deadline to file an appeal before the eviction process is carried out. Filing an appeal can delay the eviction process.
While some U.S states hold only one trial for eviction cases, some courts may hold two trials depending on the lack of evidence in the case.
A tenant can file a motion to quash in which they can argue for the incorrect serving of summons or complaints. However, the motion to quash is often denied by courts and the tenant is required to submit a response to eviction action within 5 days.
The tenant’s answer to the complaint can add more time to the case. Most tenants file a demurrer before the trial, which challenges the legal standing of the landlord’s eviction action.
While eviction lawsuits may not take a lot of time in most states, if the tenant decides to fight the eviction by filing an appeal or stay of execution, the entire process can drag on for many months. An experienced attorney can help you avoid the potential risk of being sued by the tenant for illegal discrimination, injury, or failure to maintain the rental property.
A tenant can exercise many legal actions to delay the eviction. Having the assistance of a professional can allow you to speed up the eviction process. Your attorney can give you expert advice on how to successfully file for eviction and not find yourself stuck with extensions and delays.
Disputes between neighbors can disturb the peace of the entire community. However, if you find yourself in a situation where you feel uncomfortable around your neighbor or their behavior is inappropriate or threatening, you can take legal action.
The primary legal action you can take is to file a police report against your neighbor for harassment. An official police report record can aid you in legal action against your neighbor.
It is crucial to have an understanding of what qualifies as harassment. For instance, if your neighbor accidentally damages your property, such as hitting your fence while driving, it does not qualify as an act of harassment. Harassment is intentional and continual verbal or physical abuse. Here are some general guidelines on what qualifies as harassment by a neighbor:
Before a trial, you can request the court for a restraining order by providing reasonable evidence that your neighbor is harassing you. The restraining order can allow the police to take action against your neighbor if your safety is at risk.
If your request for a restraining order is approved, you should keep a copy of it with you at all times until the court gives a final verdict on your neighbor's harassment case. If your neighbor violates the restraining order, they can be in contempt of court and face serious consequences.
You can take the issue to a local court to sue your neighbor for harassment. You can represent yourself in a local court, which is also known as a small claims court. However, it may take some time to prove that your neighbor is guilty of harassment.
You should provide strong evidence of harassment to win the case against your neighbor. If you do not have enough knowledge regarding legal matters, you can get the help of a professional attorney.
If your neighbor is being offensive or you are a victim of any form of neighbor harassment, ensure that you do not engage or respond the same way to their inappropriate behavior. You should keep your distance and document any proof of harassment.
Use your cell phone to record whatever they do around you. Ensure that you have an entry of the time and date of the harassment. You can write it down in a notebook. You can share the evidence with your attorney if you decide to get professional legal representation for the case.
As mentioned earlier, filing a police report against your neighbor helps you build a strong case and can be used as evidence in court.
Here is what you can expect from a harassment lawsuit:
The type of lawyer you need to contact depends upon the nature of the harassment that took place. For instance, if your neighbor harassed you due to a shared property dispute, you can hire a real estate attorney.
If it is a small dispute that involves a continuous annoying or irrational behavior of your neighbor, it can be a civil case. If your neighbor commits a crime, such as stalking or any other threats to your privacy or safety, you can hire a criminal law attorney to represent you in the criminal case.
If the harassment case involves a dispute with your renters or landlords, it is best to hire a landlord-tenant law attorney. An experienced professional can help you collect evidence and inform you regarding all legal proceedings of the case.
Electronic privacy has become practically non-existent, especially with the frequent number of violations by tech giants. In more recent years, Texas has created new laws to protect its citizens from electronic and personal data abuse. It is difficult to hold onto privacy when it is easy to leave digital traces through online activity, electronic transactions, and the frequent use of computers in everyday life. The application of faceprints, fingerprints, iris scans, and vocal cadence is also increasing in popularity. This creates security issues for personal accounts because cyber attackers can steal this information in addition to passwords. Biometric privacy specifically refers to face prints, voiceprints, fingerprints, and other ways to recognize people individually through living data. For years, Facebook or Meta has used photos as a way to identify individuals in facial recognition systems. However, this has alarmed Texan authorities because it is all done without their permission or any privacy terms whatsoever. Last year, Facebook settled for $650 million, but they are being sued in the state district court for $5 billion this year. Here are some of the reasons this is occurring:
The tag suggestions feature allows a user to tag friends in photos with the help of facial recognition technology. The facial recognition data is being used without the consent of individuals because anyone can tag friends in videos and photos using these suggestions, which are typically very accurate. This created a lot of issues because there may be photos of individuals that they don’t want to be tagged in, or they may be accidentally tagged as the wrong person. This also gave unwanted people access to photos that some individuals didn’t want to be seen.
The use of facial recognition data was done without the permission of Texans because of the photo-tagging feature illegal collection of information about these individuals. This also applied to non-Facebook users who weren’t even using the Facebook platform. The data of these individuals were collected to help identify them in pictures, creating a way to facially recognize them without consent.
The CUBI law regulates that biometric identifiers, which include fingerprints, voiceprints, face geometry, hand geometry, and retina scans, are a form of protected data. The law bans organizations and people from capturing biometric identifiers and using them for commercial purposes without the consent of the target individuals. Additionally, the people who own the biometric data should be given notice of these activities. Because Facebook broke this law, this put them in violation of the CUBI law.
Facebook was considered to be in participation of deceptive trade practices because it collected biometric information from photos without the users’ consent. They also gathered personal information, which was then disclosed to others without the consent of the identified individuals. They didn’t inform those involved, which meant their information was misused without their knowledge. Additionally, Facebook failed to destroy all of the collected identifiers within a reasonable span of time. This is considered false and misleading practices that resulted in damages for the involved parties. The personal information was exploited by other entities who misused the biometric identifiers.
According to the state laws, individuals who’ve had their biometric privacy violated can receive up to $25,000 per violation. The biometric information lapses at death, however, while living individuals have the privacy right to biometric identifiers. This is because biometrics can be used as passwords and may even retire the old-fashioned way of using pins to unlock private information. Because biometric technology is now being considered a way to identify individuals, similar to a social security number, it holds importance and value for Texan citizens. This prohibits anyone from commercially using and abusing biometric data to protect consumers better.
If Texas wins the lawsuit, it can be expected that other states may start creating and imposing new bills to help protect residents from being taken advantage of. The commercial use of biometric data has gone unchecked for over 20 years and without any known repercussions. Additionally, there may be an increased tightening of restrictions on the use of biometric data. As biometric information begins to play a bigger role in security, financial transactions, and other crucial activities, the punishment for capturing this information and using it for profit without the person of origin will soon be considered criminal and not simply deceptive in nature.
Throughout the pandemic, delivery food orders have skyrocketed in popularity as many individuals can enjoy their meals in the safety of their homes. During these times, food delivery companies have greatly profited, some even taking advantage of the large surge of customers. Grubhub, in particular, has made a lot of its revenue from secretly inflating prices and adding many unnecessary fees to customer orders. Because of the wrongful activity the Grubhub company has been perpetuating, Washington DC decided to sue Grubhub. For example, Grubhub offered delivery for over 1,000 restaurants without the consent of the restaurant owners. Here are a large number of reasons Grubhub was sued and also major points that were included in the lawsuit:
Many of the fees included in Grubhub’s orders were misrepresented and higher than necessary. The prices were not discussed between Grubhub or any of the restaurant owners, allowing the delivery company to grossly profit from their corrupt practices. The unauthorized fee structures allowed Grubhub to take advantage of local restaurants even while these small businesses struggled during the pandemic. Grubhub didn’t disclose these terms to the restaurant and didn’t give them the option to decline participation in this promotion. The terms didn’t state that restaurants weren’t financially obligated for the discounts, making this incredibly unfair for restaurants.
Grubhub passed on the cost of discounts to the restaurants during a promotion that was supposed to support restaurants. This campaign was called Supper for Support to help local eateries during the pandemic. Instead of the restaurants benefiting, Grubhub didn’t pay the full difference and was able to profit more than the restaurants themselves. This was done by keeping all of the delivery and marketing charges while charging consumers a reduced price.
Grubhub further harmed restaurants’ ability to profit by advertising free services that weren’t exactly free. For example, it advertised free online ordering but didn’t say that it applied only to pick-up orders. Customers who wanted a delivery had to pay a fee. They also promoted unlimited free delivery for Grubhub+ subscribers but didn’t mention that there is a service fee for all deliveries. The service fee was hidden inside the tax charges at the checkout.
In addition to unclear and false advertising, Grubhub also charged far higher prices for menu items. These terms also weren’t discussed with restaurant owners and have added to 30% or more on the menu item’s original price. This may supposedly include delivery costs, driver tips, sales tax, and other expenses unknown to customers. They have been secretly profiting off of thousands of restaurants whose menus were included without their consent, in addition to altering the price of the food available.
Grubhub has also been performing predatory practices by creating fake websites so that they can increase their commission fees. The company was able to charge anywhere between 3% to 15% based on whether the restaurant had its own delivery drivers. While customers believed they were ordering directly from the restaurants and avoiding paying Grubhub fees, they were ordering from a site owned by Grubhub that mimicked the original restaurant. The landing pages for these official businesses were designed similarly that it was hard for customers to know they weren’t ordering from the restaurant. The fact that Grubhub is a parent company for multiple food services made it more difficult for customers to detect.
Other unlawful practices included the listing of deceptive routing phone numbers. This increased Grubhub’s commission because the phone numbers often charged the caller a fee. To make matters worse, even if the customer didn’t order anything, they were still charged a fee for calling Grubhub’s number.
Instead of admitting to these harmful activities, Grubhub was disappointed that Washington DC wanted to move forward with the lawsuit. Grubhub mentioned that they would defend their business and continue to serve restaurants. This is even though many of the restaurants didn’t authorize being catered to by Grubhub’s services. The lawsuit is still pending, and the total amount being demanded in the lawsuit is currently not released to the public, but many restaurants are awaiting the decision. After many customers have been misled and the deceptive practices continue, the number of damages might be vast.
Due to the conflict in Ukraine, the US has imposed numerous sanctions on Russia to discourage diplomatic disagreement. The sanctions were extensive and mainly targeted specific influential individuals in addition to having affected the economic stability of Russia. Even though the sanctions were designed to deescalate the war situation, they had an inflammatory result. Many sanctions have cut off Russia from the Western economy and created massive financial disturbances, reducing its ability to influence global economies. This has greatly diminished Russia’s influence and financial power, limiting their commerce and reducing their war efforts. Those that support Russia are also discouraged from working around these sanctions. Even so, Russia continues to fight in its invasion of Ukraine and continues to impose its own rules on western countries. Some of the current sanctions include the following:
The first round of sanctions was created to target transactions happening in the Donetsk and Luhansk regions of Ukraine. These regions were recognized as separate from Ukraine by Russia and were sanctioned to control any foreign assets being exchanged throughout these areas.
Sanctions against Russian banks and sovereign debt cut it off from Western financing. It also was used to punish individuals who benefitted from corrupt policies. The sections prevent banks from raising money and acquiring new debt in the U.S. and European markets.
These sanctions were must broader and created restrictions on transactions dealing with large financial institutions and large export transfers. For example, mass-market hardware and software were limited. Restrictions were also placed on the export of oil refining equipment. High-tech imports were most significantly impacted by these restrictions.
There were sanctions issued against President Vladimir Putin, Foreign Minister Sergei Lavrov, Chief of General Staff of the Russian Armed Forces, the General of the Army Valery Gerasimov, The Minister of Defense Sergei Shoigu, and the First Deputy Minister of Defense.
Multiple Russian banks were removed from the SWIFT financial messaging system to prevent these banks from conducting basic commerce with countries worldwide. Seven banks were specifically removed and were chosen by the EU based on their connections to the state of Russia.
The Russian bank has been storing its assets in many countries around the world, many of which were frozen. All Russian state-owned assets were frozen in the US, and transactions with Russian accounts were prohibited.
Additional sanctions were created to prevent them from being avoided through Belarus. This also included crypto assets which were considered transferable securities. Any transactions with the Central Bank of Belarus were also barred. The selling of euro-denominated securities was prohibited to Belarusian clients.
The US began to ban the import of Russian oil, liquefied natural gas, and coal. This was done to reduce the collective dependence of the US on Russian energy and to put pressure on Putin. It limited their impact on global energy in an effort to protect Western economies.
Sanctions were placed on exporting, importing, re-export, and transferring any luxury goods to the Russian Federation and Belarus. This also targeted specifically oligarchs and other persons of influence around the world who have connections to the Russian state.
The sanctions imposed on Russia directly affect the economy and restrict their ability to receive goods. In addition to the US, currently, 30 countries have imposed sanctions on Russia. This also reduced Russia’s credit to a subpar level, resulting in a large shift from Russia’s private sector. The Russian stock market has been closed for the longest time in history, making the ruble weak compared to other global currencies. These actions put pressure on Russia to withdraw its war efforts.
Because of the war occurring overseas, the US continues to cut its ties with Russia and create additional barriers to prevent it from being able to participate in the global economy. The EU and other countries are coordinating their efforts together to further block Russian elites, families, and other persons of interest from profiting. In addition to sanctions on the financial system, any assets held in the US are prohibited. Additionally, Russian nationals are unable to travel to the US. This forces these families to let go of gains they have received by corrupt means.
At the start of the year, new laws were introduced to address social problems that had persisted the year before. These laws have come into effect to help improve and protect vulnerable people on a federal level. Many of them focus on issues with wages, animal welfare, abortion, internet access, and other dilemmas. These laws help protect the public from being taken advantage of and prevent low-income families from struggling unnecessarily. Some may argue that these new laws push Blue and Red states away from each other, for example, those regarding conceal and carry laws. However, it would appear that many of the laws passed because of the popular support and acceptance by voters. Here are just a few of the most notable laws that have been enacted or are still being voted on in 2022:
Across 21 states, the minimum wage has increased to buffer the rise in inflation that has been steadily growing. With each state allowing a different minimum wage increase, the change ranged from $458 to $3,120 for the full-time employee. This was done to help benefit workers with the ongoing challenge of dealing with job losses, the rising cost of expenses, and other side effects of the COVID-19 pandemic. The increase in the minimum wage helped protect low-wage workers from being exploited; additionally, it helped increase the economy as the low-wage households spent the extra money they were paid.
The increase of internet users has tripled between 2015 to 2022, creating new opportunities for those with access to the web. With 7 to 8 billion active internet users, the use of mobile devices has increased internet activity. Despite this, there was a drastic reduction in internet access during the COVID-19 pandemic, indicating that not enough people have consistent internet. A new bill will increase the broadband service provided for low-income households. There will also be a grant program provided to deliver internet safety training. There will also be tax credits and other education costs to support this demographic. Additionally, there will be a provision for higher-income individuals to participate. The tax credit will not exceed $2,000 except in the case of a joint return in one household, which will allow the maximum to be $4,000.
Recently, the House of Representatives voted to legalize marijuana nationwide. The bill to federally legalize marijuana is headed to the Senate to be voted on before it can pass legalization. If it passes, it will reduce the barriers that allow marijuana research and increase access to dispensary products. In previous legislation, the Senate has passed cannabis science laws to allow the study of its effects. If voters approve the reform, this can help reduce the amount of criminal activity and deadly robberies that happen at dispensaries.
Animal protection laws have increased to protect pre-market farm animals from being abused. For example, some laws in Massachusetts and California don’t allow the sale of eggs if the hens are confined in cages. This will also apply to pigs held in veal and gestation crates. In Illinois, dogs and cats can only be adopted from animal shelters. This law prevents kitten and puppy mills from illegally selling any animals. The law helps protect animals from cruelty and neglect that occurs in pet shops and puppy or kitten mills. This also applies to the handling and transportation of domestic animals that the restrictions were placed on.
The No Surprises Act protects patients from unnecessary fees, surprise bills, and other expensive burdens. When patients get emergency services that go to out-of-network providers, these healthcare facilities often charge excessive fees instead of holding them liable for in-network cost-sharing fees. The No Surprises Act protects patients from this practice and will also help uninsured patients receive a good-faith estimate for emergency care as well.
Some states have taken additional measures to increase financial literacy to better prepare students for dealing with their finances as young adults and throughout their lifetime. In Florida, high schoolers are now required to take a financial literacy class before graduation. A one-semester financial literacy course is required for students who enter ninth grade from 2022 to 2023. Alabama, Arizona, Arkansas, Hawaii, Illinois, Nebraska, New York, Tennessee, and Virginia all currently have rules requiring financial literacy in schools. A new bill has been introduced, which will require all public, private, and parochial schools to have a personal financial literacy course between 2022 and 2023.
The original Information Practices Act of 1977 law protected genetic data from being shared without permission. In California specifically, whenever companies that held data had a breach, they had to disclose whenever this occurred. The new law has included genetic data such as samples sent to ancestral family companies. The new law will currently prevent commercial DNA testing from releasing genetic information to foreign entities or any other purpose. The new law is called the American Genetic Privacy Act of 2021. The new prohibition disallows the disclosing of genetic information to China and any entity under the ownership or control of the Chinese government. It also prohibits any unfair practices that violate genetic privacy.
Some agree, while others disagree over the new laws, especially on difficult and inflammatory issues such as anti-abortion laws. In general, many of the laws were welcomed as they provide ease and protection around particular issues that have been problematic in the past. With the economic unrest and current state of war, it is expected that additional laws may be introduced as the new generations acclimate to recent factors.
On 15th December 2021, the president of the United States, Joe Biden signed the executive order 1409, titled, "Imposing Sanctions on Foreign Persons Involved in the Global Illicit Drug Trade." The EO is meant to battle narcotics trafficking and foreigners who engage in illegal drug trade into the United States, killing countless Americans each year. With this EO, severe sanctions would be imposed upon those trafficking drugs like fentanyl and certain other lethal synthetic opioids. Here is everything you need to know about EO 1409.
The EO 1409 imposes sanctions on any foreign individual or group that have been found to;
Here, multiplication or proliferation refers to any activity that enables the production, manufacture, distribution, sale, financing, and/or transportation of narcotic drugs or other illicit controlled substances.
Some of the provisions of this EO resemble those of the US criminal money laundering statute, under which the transactions from the proceeds of specified unlawful activity are prohibited. The one improvement provision of the EO that has garnered much notice is that foreign individuals who get the proceeds of illicit drug activity can be pursued by a sanctions designation instead of criminal prosecution. This is noteworthy because there are notable differences in the evidentiary standards, jurisdictional constraints, and procedural mechanisms between the criminal cases and sanctions.
Another significant impact of the new EO is that the Treasury Department is empowered to impose sanctions on the individuals and groups engaged in facilitating illicit drug trafficking based on the nature of the proceeds they have control over.
Drug trade and abuse is a severe problem that has grappled the population of the United States for a long time. The fact that illicit drugs are easily accessible in the country proves just how rampant the trafficking and movement of synthetic opioids has become, which has alarmed the government and prompted them to take severe actions against it, including, as we mentioned before, the imposition of EO 1409. Some of the drugs that form the major portion of the drug trafficking offenses are as follows:
Here are some staggering statistics that speak volumes about the problem of drug trafficking in the United States.
The various government agencies, including DEA, have been actively trying to curb the cross-border drug trade and the distribution of drugs within the United States by foreign parties. However, with ever-evolving ways of enabling the vehicle of trafficking by international parties, there are some challenges that the US still faces.
For instance, some drug organizations have now begun to use social media and encrypted technologies to communicate with others in the network regarding drug shipments. The same means are used to recruit new members into the fold of the drug trade. With such elaborate methods, it has become tricky for the government to keep tabs on the movement of drugs or the individuals enabling the system. It has become equally difficult to monitor the actions of Mexican drug cartels, the main brains behind most of the drug-related criminal activity.
With the easy movement of drug shipments into the United States and then within the country, obtaining illicit drugs has become easier for the citizens, many of whom contribute to the acquisition and distribution, apart from the final consumption. In recent years, the US has witnessed a spike in overdose cases and deaths, enough to alarm the government. In fact, drug overdose is now one of the country's leading causes of injury deaths. Between 2000-2015, the cases of overdose and drug deaths have doubled, while deaths with opioids involved have tripled within the same period.
Another concern is that some prescription opioids are laced with illicit substances. The problem of counterfeit prescription painkillers, in which drugs are mixed, is on the high rise, especially because, at times, the users don't know whether the painkiller they are consuming is legit or tampered with. This has also resulted in a significant number of drug-related deaths.
While the problem of drug trafficking continues to plague the United States, the government has already enforced it. It continues to implement serious sanctions and curbs to curtail transportation of the drugs within the US, especially from Mexico, and through all kinds of transport, including road, air, and sea. Federal Drug Trafficking Penalties 21 USC 841 and Federal Drug Possession Penalties are only a few to name that have worked towards keeping the influx of illicit drugs in the country in check. In addition to this, several federal and state laws have been put in place to sentence those who possess, consume and distribute illicit drugs in the country, be it foreign parties or the American citizens themselves.
Seeing that the COVID-19 pandemic is showing little to no signs of slowing down, national and state governments have begun imposing measures to curtail the spread of the virus. One such order is the shelter-in-place. These orders are usually given in extremely dangerous situations such as mass shootings or chemical spills. But with frequent spikes in the COVID-19 cases, the government has managed to compel the citizens to stay at their homes to contain the virus. Only emergency travel is permitted.
What exactly does this kind of order entail? Are you obligated to comply with the imposition? Read on to know everything about the shelter-in-place order and your position in the whole scheme of things.
Shelter in place is an order for the citizens to stay at their homes and not venture outdoors unless it's an emergency or for state-sanctioned purposes. For instance, some states permitted people to travel to buy groceries while enforcing shelter in place.
A few things were included in the list of "essential activities" permitted when the shelter in place was enforced. If there are violations of the rule, the offender might be punished, ranging from a mere fine to imprisonment, or both.
Different states have various prohibitions as a part of their shelter-in-place order, depending upon the severity of the situation and precise reason for imposing the order in the first place. For instance, people were prohibited from venturing outside in the Bay Area. Although, there were a few exceptions in place, labeled "emergency activities." But vulnerable people, such as minors, elderly citizens, or people with underlying medical conditions (who are at a huge risk of contracting the virus) or disabilities, could be asked not to go out at all.
People were banned from going to restaurants, bars, cafes, and other recreational establishments such as gyms, movie theaters, nightclubs, and more. Driving, walking, running, or biking on roads are prohibited unless the travel is for the exceptional activities that the order does not cover. Some of the exemptions include traveling to purchase medical supplies, going out for a doctor's appointment, getting groceries, and suchlike. In the cases of some individuals, going to work is also considered an essential activity, and thus, these people won't be required to comply with the law.
In a standard situation, you would indeed be required to comply with the rules laid forth by the government and not engage in activities or places where the shelter-in-place order has put a temporary ban on. In case of violation, you would be penalized, either with a fine, jail time or both, depending upon the severity of your offense and if it was a repeated one. However, it should be noted that the list of prohibitions could differ from state to state.
For instance, in Alaska, the shelter-in-place order included a prohibition on all kinds of travel, except for emergency services or to go outside to get some fresh air, provided that you don't come in contact with another person. This last provision is not granted to the people of most of the other states.
Similarly, in Arizona, the order included establishments like hair salons and golf courses as a part of the essential businesses, which invited much condemnation from health experts, who believed that it wouldn't be possible to provide grooming services without compromising with the health safety standards.
In states like Connecticut, people are only allowed outside for essentials such as obtaining food and healthcare. Even for essentials, the state has limited how large of a gathering can go outside at once, with public transport being severely limited.
There are numerous more variations in the orders of each state. It's best to read through the official order of your state and see what you're allowed to do and what not. In an everyday situation, you would be required to comply with the order. Otherwise, you could risk facing action against yourself. This is unless you're exempted from following any of the rules.
Emergency Alert System (EAS)
The Emergency Alert System implemented by the Federal Communications Commission is a communication system that alerts the general public about any disaster that would enforce a shelter-in-place order. The system allows the president to warn the people of an impending disaster during a national emergency within 10 minutes of it. From broadcasters to cable television systems and satellite digital audio radio service providers, among a few more are expected to be a part of the communications network to ensure that the president's word reaches as far as possible, alerting as many citizens as possible about the disaster.
If a shelter-in-place order becomes imperative, the EAS would issue the disaster code and communicate the emergency via the system. The citizens of the United States have been warned of many disasters through this system over the years.
What Is an Essential Business?
To contain the spread of the COVID-19, states enforced lockdowns and allowed only a select few essential businesses to operate. Traveling to and fro these establishments is permitted under certain circumstances. The categorization of essential services and non-essential services is different in each state. So it's best to review the official order of your state government and see what services you would be allowed to avail of under the essentials category.
Although, some establishments are allowed to operate in all or most states. For instance, everybody is allowed to use hospital services and travel to pharmacies to obtain medical supplies. You could go out to shop for groceries as well, although the officials would advise you to have the groceries delivered to your home if that's an option. Gas stations, public utilities, communications, and IT are some more services allowed to operate during statewide shelter-in-place order.
Non-essential business employers will be required to ask their employees to work from home so that the travel would remain minimal and containable. There could be curfews in place, too, during which it's likely that using even otherwise essential service would be prohibited. To make sure, do review the order of your state and see if you are exempted from the rules in any way. If not, you'd have to comply with the provisions.
COVID-19 rendered countless people unemployed due to the global economic downturn, and even more of them became financially destabilized. This made it tricky for a large portion of the populace to keep up with the ever-piling bills, including the rent. While the state and federal governments took some measures to protect tenants from being evicted in the aftermath of COVID-19, many of them have been withdrawn.
Thankfully, there are still some emergency bans in place which could help you out if you find yourself unable to pay your rent because of COVID-19. Read on to know what you can do to remove your landlord off your back and buy yourself some time to gather the money.
As we mentioned, the state and federal governments imposed certain emergency bans that protected tenants from abrupt evictions on delayed payment of rent. It's likely that your region of residence still has certain moratoriums on eviction in place, which you can take advantage of to buy yourself some time. Although, it should be noted that these regulations may not exempt you from the penalty fee that the landlord may impose on you for paying the rent late, especially if it was explicitly mentioned on the lease you signed.
Also, it's important to keep in mind that as soon as the moratorium ends, your landlord may be well within their right to file a notice of eviction for all the unpaid rent. So the regulations should not be taken for granted, and all the efforts must be made to keep up with the pending rents each month as much as possible to stay afloat.
Your lease would likely consist of a clause that speaks of an early end to the tenancy if you're going through some hardship and cannot pay the rent due to financial distress. COVID-19 is an apt reason to take advantage of the clause to wriggle yourself out of this tough situation. Until you find yourself financially stable again, you could move to a cheaper place without having to pay the penalty, in some cases.
To check whether you can use this clause or not, review your lease closely. A word of warning, though, keep other references under your belt while you go apartment hunting. Your landlord might be unwilling to give you a good recommendation with you using the hardship clause. You might need other tools to win the favor of your next prospective landlord.
It's no secret that the common people took the brunt of the COVID-19 situation and the economic downturn it led to. If you're lucky enough, your landlord might be willing to hear your case and strike an agreement with you.
You could ask your landlord to give you some relief in the rent payment, in any way possible, especially if you're out of a job now but are hoping to find a new one soon. You could choose any of the following arrangements or come up with your own that serves both you and your landlord.
Be sure to take it down in writing whatever agreement you come to with your landlord. Just your or your landlord's word won't hold water in court.
If everything else fails, you could probe into some other options that you can use for temporary relief. Here are some options that are worth looking into.
There are some state and national rental assistance programs that you could take advantage of. Emergency Rental Assistance Program is one such scheme that could help you out. You can check whether or not you qualify for the scheme and work your way from there. Do some research and see if there are any other schemes you could use, perhaps on the local or state level.
You could try gathering money from other sources such as unemployment compensation benefits to make up for the rent if you lost your job due to the pandemic. If you ran a small business and were forced to halt your operations to the economic downturn, you could check the Small Business Association loan terms. See if you're eligible for this kind of loan and could use the financial assistance from the scheme.
If everything else is out of the question, you would need to manage your funds more carefully to save for rent and see if your landlord can be a bit flexible with the rent till the time you're back on your feet again.
