Welcome back to Comeback With A Warrant podcast.I'm Brandon Denitz.And I'm Monica Shack.Before we kickstart this week's episode, this is your reminder that this podcast is not legal advice.It's real, unfiltered, and for entertainment purposes only.If you need to speak with a lawyer, call one.Or better yet, call us.Welcome back, everybody.'Tis the season.Porch pirates, booby traps, bad decisions at office parties, family fights.It's gotta be the Comeback With A Warrant podcast holiday episode, and we are very excited that you are joining us.We have on our best holiday sweaters.As you can see, Monica and I are repping them.If you're just- Hell yeah.listening, then usually the listeners are at an advantage, but today you're at a disadvantage because these sweaters mean business and they are awesome.Today's episode is for the holidays.We wanna wish everybody a ha- very happy holidays right off the jump, but we're gonna get into the different types of crimes that occur most during the holidays.We'll talk a little bit about Home Alone, which I know is a fan favorite, especially this time of year.And we'll go into why fighting with your family on the holidays is, uh, always in season and it's always spiking during the holiday season.Let's get started right away with talking about people that belong on the naughty list, and that would be the porch pirates.Yeah, but before we do, I'm surprised you didn't plug your, like talk about your collab, your rabbi Santa collab on your sweater.S- so I am rocking- Like- I have my rabbi, my Santa, and they are surrounding Rudolph.This is a, it's aI love this sweater.This is like, I get to celebrate every, a little bit of everything with this.This is perfect.So this gets me in the mood for Hanukkah and Christmas.Yeah, I love it.I'm crushing it.Yeah.I love this sweater.I- I think it's pretty cool.And mine says insufficient evidence in case y'all couldn't read it.I just needed to say something about mine becauseWell, I'm repping inclusivity.And you're, uh, repping shit talking to government, so we're pretty much on- On brand.We're almost on brand, I would say.Oh my God, that's hilarious.So back to what we were saying.Porch piracy.So porch piracy.So, you know, in the age of the Ring doorbell, we get more videos of people committing stupid crimes on holidays.Stupid.And not just on holidays, but because of this episode we're focusing just on the holidays.What a porch pirate is a person that sees a package on somebody else's porch and steals it.Yeah.And nowadays, that can be, you know, a, a neighbor, that could be a random person.It could even be a delivery driver, because there are certain cases right now that are going on where delivery drivers have taken, uh- Pictured them and-liberty of putting the package down, taking a picture of it showing that it was delivered, and then stealing the package.because we have the Ring doorbell cam now, we get to catch all these people and it's- It's literally-the dumbest crime ever, like to commit.I think like why are you even doing that?Like, why are you doing that?Because you're gonna get caught.Well, that and you don't know- And you don't know where you're taking.what's in the box.You don't know what's in the box.Like you don't know, what if you open it-and it's like a dildo or something.You're like, "I didn't want this shit."And then you get in trouble for it and you're like, "What the fuck?Like, this is not what I signed up for."And you caught a criminal charge on top of that.Yeah, well, it, yeah.Even worse if you take it and rewrap it and give it to somebody.And just hope for the best.Yeah.And have no idea what's gonna be in there.That would be funny.Let me not- Be a good- Let me, yeah.White elephant game.A good prank.Yeah, right.A very good white elephant game.Oh my God.But yeah, these are often like Amazon packages, like where people have packages like sitting outside their door.Someone goes up and grabs it, and I feel like these videos always go viral on the internet, and you know, it's not uncommon where like the government will actually charge these cases and then you get this ca- this video in evidence and you're like, "What were you thinking?The Ring camera's right there."So- And the person stealing it, unless it's one of those boxes from Amazon where it's the actual box of the product and you know exactly what it is, you're stealing something without knowing exactly what's inside.And that risk, that gamble can be the difference between a petty theft and a grand theft.Mm-hmm.Because as long as you meet a certain threshold of money, we're talking about a felony.And if not, then we're talking about a misdemeanor.But you're still picking up a theft charge for just ripping off somebody's, you know, package.Literally.Right.And an iPhone.If an iPhone gets delivered, that's a grand theft.It's not- Right.That's not no petty theft.I think there's a lot of gifts that you are gonna be getting.Or if you are getting good gifts, they're probably over- Let's hope.Yeah.They're probably over that threshold- Yeah.or close to it.but yeah- So-that's like a real, that's a real thing.And when I was a prosecutor, I didn't see, I don't remember seeing much of, many of those cases.But I do know that it is something that's prosecuted because it can be done easily with the Ring camera as long as you're al- also able to ascertain the identity of the individual.But they're typically easy to prosecute.Yeah.They, they're not, they're pretty much no-brainers for the government.So just like, these are like the, the crimes that we see frequently during the holidays.So I guess we're going down the list to say don't do any of these.And if you do, call us.Yeah, don't do, yeah.Don't do any of them is definitely the actual advice would be- Yes.don't do these things.But you could also catch a charge for if you're not delivering the package and for trespassing and then taking the, the, the, the package.So- Right.that's double, which could be a burglary technically.Right, and now we're talking about- Because-way more, now it's getting way more serious.Yeah, because you're trespass plus where you're entering someone's property.You don't have to break into anything.You can literally walk on someone's porch where you're not welcome, take the package with the intent to commit a crime therein, and that's a burglary.So, don't commit felonies out here because you want a free package, okay?I was just gonna say something, but I was like, "Let me not."I saw a video of a guy-that put a-uh, a box outside with an- an- like an old- brand new TV.The box was for a brand new TV but, uh, inside of it was, like, a busted- Styrofoam?TV or it was, like, something broken that was inside of it.And, like, it got stolen.It's like- Just-"Thank you so much for taking my trash."Right.Yeah.If you do it the right way, it's, like, free- free removal service.But besides that, I mean, there's obviously, like if you're intercepting mail, that's, like, a big no-no.Could be a federal- Yeah.federal offense.Yeah.And, you know, that's actually happened to me where someone's taken a check that I wrote, and they rewrote the check to themselves.And thankfully, the bank will just refund you when you, like, show proof of it.Because when you deposit that check, it literally is saved as a record for the bank, so they can see that it was written to somebody and it was changed.But it's hard to identify who that individual was, I think, unless, like, it's tied to their- that account's tied to that person's name.Yeah.And you need the video surveillance from the bank and whatnot, wherever else of that is going on.Exactly.Yeah.Um- So what happens if you catch the porch pirate in the act?So I think you have a right to defend your property, you have a right to defend your- yourself and tell that person to go away.Yeah."Give me my package back."Yeah.Guys- Could you set up some Home Alone style booby traps on your porch to make sure that this doesn't happen?I don't- I don't think there's anything-wrong with that.I do.I think you're out of your mind- I know, I know.if you're setting up booby traps at your house.Well, I think it depends on where.Right.Okay, so give me- give us an example-of the booby trap that you're comfortable setting up at your house.Okay.I would say probably, I don't know if I would be comfortable setting it up because also, like, I don't trust myself to, like, maneuver around it or, like, have it off.Or to not trigger it.Yeah, like, I would probably fuck it up.But what I think would be legal is, because obviously if you're welcoming people onto your property to, like, deliver the package, I don't think it should be or could be in the path of- of that, right?Like, you need to provide a safe access to this person to deliver this package.Okay.So you wanna make sure that your booby trap doesn't hurt- It's-the Amazon person.Yes, because they have a license to enter your property.Right.Okay.But I think, like, maybe anything related to your door, like kind of like a security type of thing on th- I don't know how.You wanna electrocute the doorknob?legal.Whoa, that's so funny.Y- You disagree?I don't know.I just think it's crazy to think of electric- uh, like a- having a door- a doorknob that is gonna electrocute somebody.Kevin McCallister did it.Yeah, he did.Well, he had a lot of- Yeah.booby traps set up.But it was inside his house.Were all of them?Didn't he have a trap set up in- in the backyard to get into the house?Listen.And he was in New York for a whole movie, so he definitely wasn't home for that one.That was the second one.Yeah.Well, okay.I'm- I'm blending the movies.When you get into the third movie, they didn't even use Macaulay Culkin for that one.I was like, "Who is this guy?I'm not watching this."But in that third movie, that kid also set up booby traps outside of his house.Oh, really?Yeah.He had, like, the trampoline was involved, he had, like, it was, like, a s- a lot of snow.Listen, you have the right to defend yourself at your pr- on your property.Especially if you're a child and you're home alone.So-I don't think there's anything wrong with setting up a booty- booby trap.I was gonna say a booty trap.That's different.That's a differentBooty traps are- that's a different naughty list all together-for the people that set those up.But IListen, if somebody is coming to get your package, you can defend yourself.You can say, "Give me my package."You can fight them.There's no duty to retreat in Florida.If- if you're home.Yeah.Right.Or you have a legal- Or if you-right to be there.Correct.That's exactly right.Which your home, you have obviously a legal right to be there, so- Man, I would love to argue stand your ground in a- A booby trap type of one?in a booby trap porch pirate case.Me too.If you get that, please let me do that with you.That would be great.Think that wouldn't happen- If someone- if someone gets in trouble for that, please call us.Yeah, for real.In terms of Home Alone, 'cause I guess we can just talk about- Yep.Yeah, yeah.all the- all the things- all things Home Alone, since he's the 0 he's the one that set up the booby traps inside his house, and they were, first of all, they were intruding inside his house.Right.The Wet Bandits were breaking into his house.And so, like, let's sayOkay, let's say this was outside his house.Do you think that this would change if it was on his property?Dep- I guess it depends.Uh, I don't know.What do you mean?If they, if he had, like, land mines set up in his front yard?I mean, that's what, where my brain is going too, and I don't, I don't know.Seems problematic.Yeah.Seems like having a house in, you know, in like the, a beautiful neighborhood and you're just-like walking up and you're just like- Yeah, and they're like m- millionaires in the movie.y- yeah.And there's just like-a landmine on the front yard and you're just like, "Oh, no."Like, "That's it."Yeah, no.You wouldn't know until you step on it.Mm-mm.And you're like blown up.Fool me once, landmine.Yeah.No way.But h- But- Yeah, heYou know, these guys were trying to break into his house and do harm to him or his property, and he protected himself by setting up, you know, things like a swinging paint can and all different- And the Wet Bandits, they, they are, you know, they have an MO.So, they were going to multiple houses to like commit burglaries and they left the faucet running, and that was something that they did at every house they hit.And, in reality, had we caught the Wet Bandits in court, theOr not we, because we defend, but obviously the government.Right.If they had gotten caught, the government would be able to use a string of burglaries to show that the Wet Bandits committed a crime at the McCallister home because they committed the same act on their way out every time, which was turning on the- Leaving the water on.Yeah, leaving the water on.And that is something called modus operandi.So, that is like just a fancy way to say like, you know, you know, people say, "That's your MO," or whatever, you know?Like your common theme or common scheme that you always do, which is what they did there.So, it's just interesting to, I don't know, br- like see the legal aspect of like these cases where, or not cases, these movies where it's like supposed to be fun but we're just making, nerding out on them.Well, I think a- yeah.This is also the second Joe Pesci, uh, movie- Oh.that we've- Yeah, that's right.that we've brought up because we used My Cousin Vinny in another episode, so.We did.Yeah.Try to get him in something else.Uh, as a guest.We'll try to, yeah.I'm sure.We'll try to get hi- We'll, we'll try to use another one of his movies down the line.I'm like, "He's coming on the show, guys."Yeah, right.That would be a hell of a plug.Yeah.We're gonna have next, next week, we're gonna have Joe Pesci who's gonna be talking about prison reform.Yeah.He'll, he'll be cross-examining us.Yeah, right.The Art of Cross-Examination featuring Joe Pesci.2 Utes, that'd be great.I would like that.That's hilarious.I'd like that a lot.Um- So, moving right along, um, unless there was anything else you had on Home Alone?No, not really.Um, the next big section of crimes that happen during the holidays has to be the ones that come off of having a few eggnogs.And we're talking about the DUIs, we're talking about disorderly intoxication.We're gonna talk about domestic violence and, and getting into fights at home with your family who's in town and have different political views later in the show.Yeah.But we'll get to that also, but talking about specifically during the holiday time, we always see an increase in DUIs and there's a number of reasons.Let's start with the people that are just around all the time.There are holiday parties, there are family gatherings locally, there are people home from college.I was just gonna say, it's a big one.And the people that are home from college- They catch charges.all the time.And the problem, there's multiple pro- y- you know, things that arise there.You have underage drinkers who are not the most experienced drivers to begin with.Yeah.Combining drinking and driving and being home during the holiday times and we are in South Florida where it is very busy with tourists to begin with that time of year because the weather is beautiful, despite the fact that we're wearing sweaters.Mm.The numbers and rates of people that are arrested for DUIs during the holidays are, are super high.And, uh, you know, we're, we're talking and we're, you know, joking around, but when you increase the amount of people that are down here, that increases how much traffic there is and that leads to more serious situations because the DUI crashes occur and worse, the DUI manslaughters occur, and we see all of that peak around the holiday time and there's n- definitely correlation because there are people celebrating and partying and home that are not normally home, and all of that adds up to more arrests.And the police are wise to it, the courts are wise to it- Yeah.because you see at first appearance on, you know, the holidays, the judges that are there that are specially assigned and the prosecutors that are there that are, you know, specially assigned to be there for the holidays, they're dealing with a lot of these types of crimes that are, you know, you can see the spike happen during a holiday.Yeah, for sure.I mean, I, I see it from my, like a business perspective.Like I- For sure.definitely know that this is the time of year where I'm n- probably gonna get more calls for DUIs and batteries, domestic batteries because this is just, this is just the time where it's heightened.Yeah.You know?But- It's not exclusive to just, it's not exclusive to just Christmas.It's really like when you s- you go Thanksgiving- Yeah.uh, Christmas time, New Year's.They're all back to back to back and that'sThere's a lot of people that are in town so this is something that's bound to happen.Yeah, exactly.And so, that also because, you know, we recently had our new law episode where we were talking about refusals and so, it is now a crime if you refuse on your first time being asked for a bre- to give a breath sample when you get stopped for a DUI if they have probable cause for a DUI.So, at that pointYou're kind ofIf you're being investigated for a DUI, you will be asked to give a breath and at that point, you know, you're being asked, "Do you wanna commit another crime?"You'reWell, right, at that point, by- Because by saying no, they will charge you with another crime.And something that we didn't really talk about when we did the episode about new crimes was us specifically seeing, in our own practices, seeing this happening.Mm-hmm.And since we filmed that episode, I have- Yeah.I am seeing that happening where the new refusal charge is in place.It was- Being enforced.my client was charged.It's being enforced and the State Attorney's Office is adding time to what would ordinarily be one year of probation for a DUI, they're adding an additional 6 months on top of that because of this new refusal charge.So the, um, there'sThe changes are here in terms of the new refusal charge, and it is significant.It is not just that the state is dropping those charges if somebody pleads to a DUI, which that was at a time, maybe that was what the state was gonna do, or prosecute that charge alone and not even prosecute the DUI.Right now, the way that they are doing it, at least in Palm Beach County, Florida, is they are adding the charge and adding probation time and consequence to having that new charge.Yeah.That's just, ugh.I hate that that's the new law.Like, I wish it wasn't a thing 'cause I- Yeah.I feel like it's requiring people to give evidence against themselves.Right.And that, I mean, the double-edged sword though is at that point that probable cause has already been found that they have committed the DUI and they're being asked at that point.There isIt's not like they're not in a position where something incriminating is already happening and they all of a sudden have to incriminate themselves.They are already in the process of being investigated for that DUI and have been found, at least by the police standard, to have committed a DUI to some extent.Yeah, but that's so low.Correct.That's just like, you know, someI don't wanna say it's always like this 'cause I have seen bad DUIs.Like, I'm, like, people, like, that are visibly your DUI, you know, just from the encounter without even doing road tests.But then there are others I've had where I'm like don't see, I genuinely don't see the signs of alcohol.Until then there is either a breath sample and then I'm like, "Oh, shit, they held it down well."Mm-hmm.You know, I get pretty pleasantly surprised.Or there is no breath and I'm like, "Prove your case."What does the state have at that point?Right.Yeah, exactly.So in those situations, it's, like, a little frustrating 'cause it's like if you're gonna end up having to go to trial, you're gonna have to fight both and then the state, if they prove that there was probable cause, you could be still found guilty of the refusal.Right.And not the DUI.EvenYeah, and not- And I think that is, I think that's what's gonna happen.That's a problem.LikeI think people will go to trial on both and I think there will be people that l- that are found not guilty on the DUI and then in either a separate trial, which is the way they did it with the second refusals, in the refusal trial itself, I think people will be found- Guilty.guilty on that and then will wind up doing, you know, 6 months of probation on that charge.And I wonder if the state will be, will try to have certain types of DUI probation conditions a part of a resolution when it's just the refusal alone.I, uh, listen- I wonder if that's whatI mean, at least them asking for that at sentencing.Not that that's gonna happen, but I wonder if that's the road that this is gonna go down.I hope that they just dismiss it if they get acquitted of the DUI and then the refusals, but they probably won't.Uh, yeah.I, I, that's one part of it, and the other part is what order does the state go because- Oh, yeah, it's up to them.the State Attorney's Office has the decision whether or not, if they're gonna try 2 different charges and the charges have to be bifurcated, meaning based on the way that thebased on the charges themselves, they cannot be tried together, they have to have their own separate trials.If that's the case, then you have the refusal potentially going first and almost always, the refusals are not that difficult to prove.Yeah.The state usually has an easy time proving a refusal.At least with a second refusal, they have, you know, usually had a very easy time proving it.That's, that'sI think it, I think that'll happen and people will deal with that charge first.You know, you deal with that and you are acquitted, the state can still go forward with the DUI and- Yeah.even if you're acquitted of the DUI, they could've, you know, if they switch it and go the other way, they could go forward with the refusal after.Yeah.And the other thing is, they don't mention, or we haven't mentioned, that if you blow over dot-015, I think, is this- dot-150 dot-15 dot-150 I said point- Yeah.Okay, I said that wrong.If you blow above- Numbers are hard.a dot-150- Yeah.it is an enhanced DUI.Exactly.So you wouldn't even know that when you're being asked to give a breath sample and then you don't wanna, you know y- your, if you say no, it's like another crime, so you're like, "Okay, let me give it."And then it's a dot-2 and you're likeRight, and then you've, and then you're in a worse position because you've blown your chances at a mitigated- Yeah.uh, charge and like, yeah, that's- that's- Like, you don't know.You're in a worse off position.Yes.But you wouldn't know, so do what you want with that information.'Cause this is not legal advice.Right, I love that.So just, you know, take it as you will.Do what, do what you would like.If you feel like refusing, refuse.That's the point.If you don't, then don't.Yeah, and let us handle it becauseLet your lawyers handle it.At that point, you're probably fucked.I wouldn't say that.Not fucked, but you're- Not necessarily, but-you're getting arrested at that point.You're getting arrested in term- Yeah.And your- your night's over for sure.Mm-hmm.Yeah.That's for damn sure.But, you know, a way to avoid all this is to just order an Uber.And that is the actual advice of-The Comeback of the Warrant Podcast;order an Uber.There is no reason not to.Yeah.There is no reason to be out and about driving on the holidays if you're gonna be drinking.Just order an Uber.It is for the benefit of everybody and that's me talking as a defense attorney, that's me talking as a father, that is me talking as just a person.The best thing that you can do if you know that you're gonna be going out and you're gonna have a good time and you're gonna drink, don't take your car.Just take a car ride service.There are so many of them, just, that's the easiest thing to do.Yeah, and the other thing is that, you know, I think a lot of people, and I've had actual conversations with people, like just regular conversations about this, people think it's okay to just like sleep it off in their car and that's not legal.Like, you can still- No, it's not.I've had many people get arrested for a DUI because they were just parked, literally parked in a parking lot, which like, I'm not saying I agree with this, but they're genuinely just sleeping in their car and as long as you have possession or control of your keys, and you are under the influence, you are considered DUI.So actually, technically, I haven't seen this scenario go ou- go down, but if you are in possession, control of your keys anywhere like, near your car and you're not necessarily- Well, no, if you're in, you're, if you're in the car, 'cause now, if you're outside of the car, now we got a whole different story.Yeah, 'cause you're not driving yet.Correct.If you are in ac- the- the legal standard is actual physical control, APC.If you are in actual physical control of a motor vehicle, you can be found DUI.Yeah.And that can be you sleeping it off- Yeah.that could be with just the fob in your pocket and you're- Yeah.you know, you're in a push to start car and it's like oh wasn't.No, that's- that's all they need is actual physical control.Yeah, and so the scenarios I've seen is like, someone's knocked out behind the wheel.Yeah.Knocks on the window.Cop's like, "Hey, guy."Yeah.And then they're like- People pulled over on the side of the road legitimately trying to sleep it off or they pulled over and they fell asleep- Yeah.and they're doing, you know, better than driving on the road while they're intoxicated, even though how did they get there?Which is always the question.But they, you know, those- those people that are there that are trying to do the right thing by not driving even though they have their car and they, you know, were driving earlier that night, as- as long as you're sitting there with the keys, you're gonna be found guilty.Yeah.You're gonna be found to be in a position where you can be charged with DUI.Correct.And that's what it really comes down to.Not that you're gonna be automatically convicted because of that, but-I have had countless cases- Yeah.where there are people asleep either at the wheel, either stopped at a light- Gas station.at a gas station, in a parking lot, in a park, on the side of the road.Trucks, yeah.I've seen all of those and- Yeah.the actual physical control argument is all that needs to be made.Yeah.It's- But if the vehicle is not able to be driven, it's a little bit of a different story.If the veh- I mean, most of the time-if the vehicle is inoperable-that's not the case.I have had situations where a client is in their vehicle and they are off the road in an embankment and the vehicle is not moving and there's no way to move that vehicle without like, a tow truck and a wench and everything else.There are arguments to be made that there is not- Yeah.that it is an inoperable vehicle and they can't go forward with a DUI because that is a defense to the- Yeah.to the D- and that has been s- that has been successful before.So, you know if the vehicle's not workingI haven't had a case like that.Right.Well.May this case find me.That would be cool.May the good DUIs find you.Yeah.be like, "This is inoperable."But, um, but yeah, so DUIs is one of the top, and it's all drinking related offenses.DUIs, the disorderly intoxication, the people that are out of the bars- Yeah.and they think they're Christmas caroling, but really, they're just out there cursing in front of everybody walking along the street and causing a public disturbance.They're gonna find they're, themselves arrested for disorderly intoxication.Yeah, I mean, there's a reason why there's a bunch of cops standing outside of bars, like, just watching people go to their cars.And if you are an underage drinker, there are a lot of cops in bars now- Yeah.that are looking-because all of the West Palm, uh, clubs and bars have been raided recently and- Oh, raided?Well, I would say, as far as I'm concerned, if the police are walking in and they're-going up to people and they're saying, "Hey, you look underage, like, let me see your stuff," that, that's a raid.That's a raid, yeah.That's a raid.I'm like, "Oh, sh-" It's a raid.No, it's not like they're, like, knockThey're, like, kicking down the door- Yeah.to Banco Cantina with like swat uniforms on.They're like-"Anybody that looks like a kid, this side of the "No.Literally.But pretty close to that because- I would hopeI'd be like, "Me.Thank you."Oh.No, that's how I, I, I got in trouble that way when I was at a tailgate in college.Oh, shit.I was holding a red cup and thisIt was like, "Hey, you, the, the, the underage baby with a b- b- beer clearly.""Come here."And I was like, "Oh, shit."You were an underage.I was totally underage.No.I didn't always have this beard.No.And- That's so funny.Yeah, but that's, you knowThat's legit.Also, the last thing about drinking, DUIs, whatever, is that, like, I feel like a lot of people just do think that they like have one drink, it's fine, or 2 drinks, whatever, or like a shot and it's fine.Don't likeI don't know.Just like don't estimate.Don't try to estimate.You're not gonna know- Don't chance it.Yeah.Like you're not gonna know the breath reading until you get it, so just like order an Uber.Yeah.Or Lyft.Just, if you're gonna be drinking at all, don't chance it.Yeah.But we already sneak peaked this already, which was domestic disturbances or domestic violence cases- True.go up, uh, during the holidays because there's- Home for the holidays.Yep.And people are, you know, stuck with loved ones.It's a little bit different, you know, up north you always think people are snowed in and they're all- Yeah.stuck with each other and there's nowhere for anybody to go.It's like- Th- which is not true at all.the- That's how I see.Um, that's how you- Yeah.you think it is.That's like the ideal holiday season.TheWhat happens is everybody comes home and everybody goes to grandma's house or everybody goes to somebody's house and there's a big family event.And oftentimes, big families don't spend the whole year together, so there's different personalities and there's different people at play.Conversations happen and conversations turn into arguments.And when arguments happen, it is inevitable that the police get called.And in Florida, when the police are called and it's a domestic matter, somebody is getting arrested.Mm-hmm.And somebody's going into custody whether that's the person that made the phone call or the person that the phone call was made about, somebody's going in.So you see, you know, you take the holiday, you take alcohol.Yeah.You take the stress of being around your family because not for everybody but your, you know, your family's not always the mostSometimes you are stressed out more around your family than around others.And l- the joke I made about having, you know, you have your crazy uncle come over with his, with his political views.And then all of a sudden, something sparks and you just, you know?Yeah.It gets, it gets outta hand.Sheds the pand.Right.And, um, you know, even if it's mutual, uh, a mutual disagreement and someone got a little bit physical, somebody's going in.Yeah.And then they are, you know, you're spending the holidays waitingYeah.In behind bars, waiting for first appearance.It's very- You have to see a judge.You have to see a judge whenever you're arrested for domestic battery.But also, there's no contact orders.Right.And that can ruin the next day because- Yeah.if you and your family get into a fight on Christmas Eve and then you are in front of- Or Thanksgiving.a judge.Right.And you're in front of a judge and the judge says, "No contact," you're not going home.You can't be around that person.AndCorrect.And it's gonna be real awkward when you have everybody over for Christmas and the police come over because they have to do a one-time return for property with the person.That they're like, "Oh, you know, you know, obviously Uncle Jim can't be here, but we're gonna give Uncle Jim 15 minutes to get his shit together and get out."Oh my God.With police escort.You can imagine that-that would getthat things get pretty crazy.Don't be that guy.No.But, yeah, this is honestly something that just is at the heat of the moment thing that doesn't matter if we tell people what we tell people about, you know, don't, don't fight your relatives.Use your words.Yeah.But, you know.You know who to call when youif you do, so.And there are also, you know, that, that alsoyou know, that, that alsothis as a, as a whole, you know, whenever we're talking about anything domestic related, domestic violence specifically, there are domestic violence hotlines that people can call.There are victim groups that people can contact.So- Yeah.there are ways to find support for people that are going through mental health issues.You know, there are- Yeah.ways to try to- That's the other thing.fix things before- I do wanna, since you brought it up.Oh, please.Oftentimes, I think that a lot of people don't have an understanding of signs of mental health issues and including family members.And some people when they address it with their family, like, it's not received well because lack of education, lack of proper communication, whatever it is.And people call the police when they really are trying to get help for that person and what happens is that person can be Baker Acted and arrested.And so being Baker Acted is something where they hold you for I think up to- 48.Oh, okay.I was gonna say 75.Oh, I, I'm sorry.It is up to 72.They have to put in an or- There is a process to extend it.Yeah,Yeah.But I think they can only hold you up to 72 hours.And that's to basically observe you to make sure that you're not a threat to yourself or anybody around you.And that's like a mental health, like, crisis.And so I've seen a lot of, like, domestics kind of get escalated to, or sorry, Baker Acts get escalated to domestics becauseand where the victim or alleged victim is saying, "I don't want, this is not what I wanted.Like, I was calling for help."For some crisis support.Yeah.Yeah, that's, that's- And, and, and- I've seen those cases.Unfortunately, because you made a claim that this person was a threat to you, now there's an open criminal case and they're not getting the mental health attention they need.So there is, there are ways to, to circumvent that and so that's why I was saying, 'cause you were talking about mental health, thatbecause I think sometimes people make a call to the police for help, but the police are like, "Okay, you said that he did what or said what to you?Like, we're gonna take him into custody."Right.So yeah.That's just a little side note, but we do have a bonus rapid fire.Some naughty or nice questions?Okay.Um, all right.So- Okay.It says, it says each- Okay.Okay.So each one of us is gonna read a scenario to the other and then we're gonna guess whether or not it's a crime, a tort, which is a- Or just bad-a civ- civil matter, or just bad manners.Yeah.Okay.You wanna go first or me?Sure, I'll go first.Regifting a present and lying about it.Bad manners.Yeah, that's not a crime.It depends who you ask, though.Yeah.I've regifted before and got caught.You did?Yeah, I got caught one time regifting.What, how did they, what did they say to you?This is, this is an embarrassing one.I gaveI got a- I got a really nice key chain from a relative and I was, I was never gonna use it.And, and I gave it to my wife as a gift for, um, I think it was the ho- it was for the holidays.I gave it as a gift.Oh, oh, the holidays.Yeah, that, that was one of the gifts I gave her.And I gave her the key ring and I don't remember how quickly, but it was very quickly that she knew-and figured out that I had regifted it and it was something that I was given.She still uses it, but is not, has not ever let me live that down.Yeah, I would mention it every single time.Yeah, I get that.That's hilarious.She mentions that.I feel like Jen is not the one you can try to pull something over.Like, no.No, ma'am.Not her.She's not your gal.You do not- You do not mess with Jen.You do not pull a fast one on Jen.There is no, no.Okay.Never tried.Parking in front of your neighbor's house every day.Crime, tort, or bad manners?I don't know.Probably just bad manners.Yeah, I don't think that's a crime or a tort.Well- Unless- It's, I don't think it's a, I mean, it could be a parking offense- Yeah.but it's not necessarily a crime.It'sStealing your boss's Secret Santa gift.Crime.Right.Theft, duh.And just mean.Yeah.Not nice.But listen, I won't, I, I don't wanna say I've always had bad bosses, 'cause I've had some good bosses, but I wish I could make a joke about bad bosses right now and mean it.I didn't have, I, I've been lucky.I've had good experiences, yeah.I've had good bosses.And my current boss is fantastic.Yeah.A plus.I like my current boss.Yeah.He's, he's pretty cool.He's all right.Putting a motion-activated water sprinkler for package thieves.I don't think that's any of these.I think that's a good thing.I don't think that's a crime, a tort, or bad manners.I think that's, that's a good one.That's hilarious.Yeah, that's funny.I like that booby trap.Yeah.And as long as there's also a camera that we can, so we can see it.Yeah, so we can, yeah, because that would not be funny.'Cause otherwise it's not funny.Yeah.It's just somebody getting wet and nobody knows about it.Oh my God, it's hilarious.Oh, man.So all that to say don't commit any of your holiday crimes and if you do, make sure you call us if you get arrested because we will be around for the holidays.And remember, the only thing that we want you to catch this season is a break.So we do not want you to catch any charges this season or, uh, yeah, anythinggetting arrested, we don't want that for anybody.No.We want everybody to have a very happy and safe and enjoyable holiday, uh, where you can be out of custody and listen to Come Back With A Warrant podcast.Yep, for sure.So if you liked listening to us, make sure you like, comment, and subscribe.We are on all platforms, comebackwithawarrant.pod.Leave us a five star review and subscribe to our newsletter and if you didn't like listening to usCome back with a warrant.And happy holidays!Happy holidays!