Year: 2012

Most crimes are taken quite seriously in the State of California.  What most people don’t know is that the mere threats of criminal acts are taken just as seriously. Criminal threats are viewed as crimes in and of themselves. Making some types of threats can lead to imprisonment sometimes equivalent to actually committing several of these crimes.

Although individual counties are the entities that set bail and choose between specific punishments for people convicted of criminal threats, it is the State of California that sets forth the definition and sentencing guidelines. One thing is for sure: anyone accused of criminal threats should seek a lawyer immediately to avoid serious consequences.

What Constitutes a Criminal Threat?

California defines several instances that constitute a criminal threat. One example of a criminal threat occurs when a person makes a threat against another person, that they will commit a crime causing great bodily harm or death to that person or their immediate family. This threat can be made by any medium (such as phone or email) and must be made in a way that causes the threatened person to live in constant fear for their safety or the lives of their family.

California Penal Code 422 also states that making a known false bomb report constitutes criminal threat. It goes on to say that mailing a fake bomb, or other type of fake weapon of mass destruction, also constitutes criminal threat. The final instance of criminal threat mentioned in the code is when a person posts any type of information about an academic researcher, with the express purpose of causing another to either commit or threaten to commit a crime of violence against that researcher or their immediate family.

Bail Amounts

Each California County’s superior court sets forth a bail schedule that lists crimes and a preset bail amount for each. Using this bail schedule, one of Bail Hotline’s twenty-five locations throughout California can arrange for your release within only a few hours time, charging just a ten percent fee of the face bail amount.

Each county’s bail schedule usually differs in set amounts for various crimes, but most California counties are in agreement on the preset bail for criminal threats. Los Angeles and Santa Barbara Counties both list the bail for criminal threats at $50,000. Monterey and San Benito counties actually have some variance in preset bail for this charge, dependent upon whom the threat is made.

Penalties and Consequences

The punishments for most criminal threats are also similar. A threat of great bodily harm to a person or their family carries the same penalty as disseminating information on an academic researcher with the intent of inciting others to cause them harm – a maximum of one year in jail and a fine of one-thousand dollars.

California Penal Code 422 doesn’t speak to the sentencing of a person who sends a fake weapon of mass destruction or makes a false bomb threat. The incarceration penalties for these crimes are handled differently than other criminal threats. The code simply states that a person who commits these crimes must reimburse the government for emergency response costs related to the crime. If convicted, a person must also reimburse any private or public entity that incurred costs due to their emergency response. Finally, the convicted must also reimburse anyone else, individual or organization, for any costs incurred due to the false threat.

A criminal threat is considered a serious crime within the State of California. Putting a person in fear of their life is considered by some to be tantamount to terrorism. It is for this reason that severe penalties exist for the crime. Anyone accused of making criminal threats should call a bail agent to post a bond on the preset bail schedule, rather than waiting to stand in court and risk the bail amount being raised by a stern judge. 

 Technology has made leaps and bounds in just the past few years. Things that may not have seemed possible at the dawning of the new millennium are now achievable and happening on a day-to-day basis. Unfortunately, this has given criminals an abundance of new tools to work with to invade another’s privacy.

California takes invasion of privacy very seriously. The state actually defines invasion of privacy and sets the sentencing parameters when a person is convicted, however bail and the choice of punishment is largely left to each individual county. Regardless in which California County you may have been arrested, Bail Hotline has a location nearby and will help you determine if you are eligible for a quick release per the local bail schedule.

The Law Defined

California’s laws are very in-depth and cover a great number of instances that are considered an invasion of privacy. The statute specifically outlaws: the unauthorized tapping or connecting to any communication, recording or using amplifying devices to eavesdrop, intercepting any phone call, recording any phone call without the consent of all parties and in many cases even criminalizes the act of assisting a person in committing any of these infractions. These crimes are covered in subsections of the main invasion of privacy law, but the punishments are nearly identical in all cases.

Corresponding Bail

A charge of invasion of privacy will bring a different bail amount depending on the county of arrest, and the bail schedule set forth by its Superior Court. These schedules list crimes that are committed within the county’s jurisdiction and the preset bail amounts linked to each crime. The bail schedule allows a person to get out of jail before seeing a judge, most often by using bail bond agencies that can secure a quick release for a fraction of the full “face amount.”

A person arrested for unlawful invasion of privacy using an electronic device in Alameda County will face a five thousand dollar bail amount.
Unfortunately, many counties do not specifically list invasion of privacy in their schedules, but this doesn’t mean there isn’t a bail amount. Most counties have a list in their schedule for “crimes not listed.” The bail amounts of these crimes are based on the maximum incarceration time possible for the crime. Invasion of privacy is a wobbler, meaning it can be charged as a felony or misdemeanor. If charged as a misdemeanor, a conviction cannot lead to more than one year in jail. In Riverside County, this would calculate to a bail set at $5,000 because the maximum jail time is under three years.

Penalties and Consequences

Anyone charged with misdemeanor invasion of privacy will face a $2,500 fine, one year in jail, or a combination of the fine and jail time. A person who was previously convicted of this crime, however, will face the same amount of jail time plus a fine increase of up to $10,000. There are a few instances where a person can be charged with a felony: if a person unlawfully connects or taps into any communication going out over any line, cable, telephone, telegraph or other instrument, tries to read, obtain or communicate that information or assists in any of the aforementioned, they can be charged with a serious felony. A conviction of this magnitude will lead to either sixteen months, two years or three years in a state institution. The choice of these three sentences is up to the judge.

Invasion of privacy laws are taken very seriously in California. If a person even records their own phone conversation without the knowledge of the other party, they may be breaking the law. It is important for anyone arrested for this crime to contact a bail bond agency for quick release, and then contact a good lawyer. Many people may see eavesdropping and invading another’s privacy as a game, but the government definitely does not.

 False imprisonment is a serious crime in California, with multiple factors that are considered once a person is charged with this offense. All counties within California have the right to decide upon their own bail amounts to garner a release once charged with the crime, however, the state of California actually lays out what constitutes this charge and provides the sentencing guidelines that the counties must abide by when enforcing penalties. 

What is False Imprisonment?

False imprisonment has a very simple definition in the State of California: unlawfully violating another person’s personal liberty; accomplished by confining, detaining or restraining a person without their consent. This crime can be made even more serious if the accused used violence, menace, fraud or deceit during the commission of the crime. Menace basically means that a person threatened harm upon another person in an effort to violate their personal liberty. There are defenses to a charge of false imprisonment, but only a good lawyer can argue the case, so it is imperative that a person charged with this crime get out of jail as quickly as possible to prepare their defense.

Bail Amounts

The bail amounts related to false imprisonment are going to vary depending on what county a person is arrested in, and under what specific circumstances. Call the closest of Bail Hotline’s twenty-five branch offices, and speak with a bail agent to find out the preset bail amount provided in any given county’s bail schedule

San Diego County’s bail schedule, for example, sets a bail amount of $10,000 for those accused of this crime. Los Angeles County, on the other hand, sets bail at $50,000, while Santa Clara County only sets it at five thousand dollars. All of these bail schedules have specific instances where a person can be given a higher bail amount depending on circumstances related to the false imprisonment charge.

Consequences and Penalties

False imprisonment is known as a ‘wobbler,’ meaning it can be charged either as a misdemeanor or a felony. A misdemeanor charge will only bring a maximum fine of $1,000 and up to a year in jail. False imprisonment is considered a felony if menace, violence, fraud or deceit was used, in which case a person faces sixteen months, two years or three years respectively in a state prison. If these methods were used against an elderly person or dependent, then the punishment jumps up to two, three or four more years. In any case, these penalties are severe and not to be taken casually.

False imprisonment, especially certain forms of the crime, is a serious offense in California that can lead to very damaging consequences. Anyone accused of this crime is in for quite a legal battle if they want the charges set aside or significantly reduced. Taking the charge lightly will likely incur the severest punishment possible in the state of California, so obtaining your release from jail as quickly as possible to begin preparing your defense is ideal.

Not many crimes against elders are committed within California, and the United States in general, generate such an emotional response as those against the elderly. Elderly people are very susceptible due to the fact that they might be confused, mentally incompetent, physically impaired or just generally unable to protect themselves.

Crimes against elders encompass several different statutes and can make the punishments for certain crimes far worse than they would’ve been had they been committed against, say a thirty-five year old citizen. Anyone charged with a crime against an elderly person will definitely need legal representation, because the State of California does not look kindly upon those who are so convicted.

Laws to Protect the Elderly

there are several crimes against elders that can land a person in jail, or even increase the charges for what some may see as minor crimes. California Penal Code 368 states that it is illegal to knowingly cause or put an elderly person in a situation, whether that situation is likely to produce great bodily harm or not, where the elder person would be subject to mental or physical suffering, unjustifiable pain, injury or danger in general. It also states that crimes such as theft, embezzlement and false imprisonment will be charged more severely if they are committed against an elderly person. This applies to the general public and caretakers equally.

Bail Amounts Can Vary

Each county in California is able to set their own bail amounts, so they can differ drastically. General crimes against elders, for example, will warrant a twenty-five thousand dollar bail amount on the bail schedules of San Diego and Santa Clara Counties – while the same crime in Los Angeles County will incur a fifty thousand dollar bail. Some counties apply more similar bail for these crimes; Santa Clara and San Diego Counties, for instance, have set bail amounts of ten thousand dollars to those who steal from the elderly. Because the preset bail amount varies depending on the charge and the county, it is best to contact your closest Bail Hotline if you find yourself bailing out a friend or loved one charged with these crimes.

Consequences and Penalties

Penalties for those convicted can change, once circumstances are considered, but the penalties are usually similar. Most of these crimes can be charged as misdemeanors or felonies. Any misdemeanor charge will only warrant a maximum of one year in jail and a fine.

A person that knowingly puts an elderly person in a dangerous situation that could likely cause great bodily harm, or who commits theft or embezzlement against them, faces 2-4 years in prison if the crime is charged as a felony. This will likely be in addition to the punishments involved with the actual crime itself. False imprisonment of an elderly person by use of menace, violence, deceit or fraud also brings a minimum of two years in prison, assuming no other charges are tacked on.

Crimes against elders are treated with the utmost importance by the California criminal justice system. Due to their general inability to protect themselves, crimes committed against them are treated more severely by the courts. Anyone charged with a crime against an elderly person will need competent legal representation if they hope to escape the harsh penalties related to these crimes. Though our legal system says you are considered innocent until proven guilty, without an attorney most people accused of crimes against the elderly will end up on the wrong end of the law.

 Not many crimes catch the public’s interest the way that money laundering does. The simple mention of this crime summons thoughts of mob bosses passing their illegally gained money through a restaurant or dry cleaning front to ensure that the source of their ill-gotten gains is never discovered.

Unfortunately, many people in California have discovered that the legal definition in the state is far broader than most would believe. A person could commit the crime of money laundering without even knowing it. Understanding the law is the best way for people to protect themselves from prosecution for this offense.

What Activities Are Considered Money Laundering?

In California this law is very broad and complex. If a person conducts, or even attempts to conduct, one or more transactions that exceed $5,000 dollars at a financial institution within a week’s period they are quickly flagged.  If they are also contributing to any type of criminal activity, then they are guilty of money laundering.

They are also guilty of money laundering if they conduct these transactions knowing that the money in some way came from criminal activity, even if they do not participate in that activity themselves. This makes it very easy for a person to be charged with money laundering; a person merely depositing money into a bank that was given to them by a drug dealer or other criminal would be guilty of the crime.

The definition of financial institution is also incredibly broad and can include any institution from a national bank to a pawnbroker. Many people wonder why these laws are so broad, and it turns out it is basically California’s way of convicting major crime bosses. A person at the top of a criminal empire does not usually have a direct hand in the criminal activity going on below him, but often benefits from the proceeds of his crimes. Because of this, California found a way to charge these major criminals, even when they have not physically committed any infraction.

Penalties You May Be Facing

The base penalty for money laundering is a jail term not exceeding one year and/or a fine of up to $250,000, or twice the value of the money laundered. This is not, however the only punishment a person usually receives. Each transaction of $5,000 in a week or $25,000 in a month is treated as a separate offense and can be penalized as such. Penalties continue to increase as certain thresholds of money are reached as well. If the illegal transactions exceed $150,000, then an additional year will be added to the overall sentence. This continues all of the way up to 2.5 million dollars, which will garner a person an additional four years – and also, each five thousand dollar transaction can be charged and sentenced separately.

How Much Can You Expect the Bail To Be?

The preset bail schedule amounts for money laundering vary between all California counties. In Monterey, San Benito and Santa Barbara counties, for instance, the bail amount for money laundering is $10,000. In Santa Barbara though, this bail amount can increase to $40,000 dollars, dependent on the amount of money involved in the crime. These bail amounts may seem very steep, but they are worth it to have additional time to confer with a lawyer. Unfortunately, California PC 1275 states that illegally gained money cannot be used for bail. This usually means that a person accused of money laundering will have to prove their bail money did not come from illegal activities, and Bail Hotline can walk you through these steps.

Money laundering is no longer a crime that affects only major crime bosses. Almost anyone could become involved with money laundering without realizing they are being so used. A lack of knowledge of the law is never an excuse to break it, so many people walk in front of a judge completely unprepared with how they will handle the situation. If charged with this crime, there are serious and complicated aspects to be dealt with.  Calling Bail Hotline as soon as you are booked, can get the ball rolling toward a more rapid release.

 Extortion is considered a serious crime in the state of California. All counties within the state can choose the specific bail amount related to this crime, and even have a small say over the sentence that is handed down to one so convicted. The State of California, however, gives the guidelines to sentencing. Most California crimes give three specific penalties that may be handed down to the convicted, and it is up to the county court to decide which of these punishments is adequate.

What is Extortion?

Extortion is defined as obtaining property from another person with their consent, or getting a public officer to grant an official act, through the use of wrongful fear or force. Public officials can also be charged with extortion if they use their authority for these purposes. The use of force is self-explanatory, but the California law specifically explains the types of extortion and why they cause fear.

If a person threatens injury to another, that person’s property, or a third person, then it is considered extortion if they are trying to gain something. Threatening an unwarranted accusation against a person or any member of their family of a crime also falls under the extortion law. The third type of extortion would be a threat to impute or expose a person or their family to disgrace, crime or deformity. The final type mentioned is threatening to expose any secret that will affect the victim or their family. Any of these actions performed with the intention of obtaining property or official acts constitutes extortion.

Bail for Extortion

Though California counties have some say over how to handle their extortion sentencing, they have complete control, over bail amounts. That said, most counties differ between one another as to the bail allowed within their jurisdiction. Los Angeles and San Bernardino Counties, for instance, require a $35,000 bail amount on their schedule for sending a threatening letter to extort someone. Monterey County, on the other hand, only requires $30,000. Los Angeles and San Bernardino Counties also require a $50,000 bail for extorting a signature by threat, while Monterey County only requires a $30,000 bail. Each county differs, yet each amount is significant.

Extortion also brings harsh penalties, which is why it is smart for anyone accused of the crime to get a lawyer. Extortion is usually charged as a felony, and those convicted could face a $10,000 dollar fine. The prison time, however, is far more serious. A person convicted of extortion faces either a two, three or four year sentence in state prison. The choice of these three sentences is at the discretion of the court, but all of the sentences can certainly wreak havoc on your life.

Extortion is a serious crime that can threaten the good name or safety of another person. Because of this, California and all of its counties take the crime very seriously. Anyone accused of extortion, guilty or not, should contact their local office of Bail Hotline to get them out of jail as quickly as possible. As soon as a person is released from jail, they can start working with their attorney on what will have to be a stellar defense. There is no doubt that there are legitimate defenses to the charge of extortion, so it is better to be out of jail and conferring with a lawyer to ensure the best possible chance of lessening the chance of a conviction.