Year: 2012

Child Abandonment | California PC 270

There are not many things in the world that are more looked down upon than child abandonment. There is a continuing rumor that anyone in jail for harming a child will receive ill treatment from other inmates. Even if this is not true, the legal penalties for such a crime can be severe.

California Penal Code 270 encompasses the definition and penalties of a charge of child abandonment. The code actually sets forth a particular punishment for those convicted of the crime, but individual counties are able to set their own bail amounts related to the offense. Regardless of why a person is charged with child abandonment, it is imperative that they find a lawyer, because judges usually don’t smile kindly upon those who are convicted of these types of crimes.

What is Child Abandonment?

California law is very specific as to what constitutes child abandonment. PC 270 defines this crime as willfully and unlawfully withholding food, necessary clothing, shelter, medical attendance or other forms of remedial care. Many people are confused about the definition of ‘remedial care,’ and some people are upset once they realize what it means. Parents who are part of religions that use only prayer to try to heal disease, are considered to be providing remedial care. If a child is sick and only prayer is used to heal him, it is considered legal.

This law applies to the legal parent, whether or not they are the biological parent of the child in this situation. Many people are surprised to learn that a man is also responsible for a child even if the child was artificially inseminated, but this only applies in cases where the man signed off on the insemination. In all cases, if courts see proof of child abandonment, the law says that this is enough to prove “willful abandonment.” When this proof exists, judges and juries must consider all income that a parent receives, in deciding whether or not the defendant had a lawful excuse.

What Bail is Charged?

Child abandonment bail will usually be different in each California County, due to the fact that all counties can choose their own preset amounts on a bail schedule. Many counties, however, stay within a certain range of bail; Los Angeles, Santa Clara and Monterey counties all set bail at $5,000 for those accused of child abandonment. Monterey County, however, treats child abandonment of a child under fourteen as a “wobbler.” This means it may also be charged as a felony, and in this case the bail amount in Monterey County is $10,000.

What are The Consequences?

California Penal Code 270 actually specifies the punishment involved with child abandonment. If convicted, a person faces jail time of up to one year, or a fine of $2,000. In some cases, the judge may choose to impose both of these penalties. In the case of a non-biological parent who is adjudicated as the legal parent of the abandoned child, that person faces the same penalty, but he may be confined to a state prison for one year and one day as opposed to a county jail. Either way, a child abandonment conviction will lead to serious penalties for the accused.

The laws of our land say it is important for a person to take care of their child to the best of their ability, and even if the care is mediocre, it may be considered legal if it is all that the parent can afford. Several child abandonment cases are brought forth by scorned lovers or overbearing neighbors, and if these charges are frivolous there is a very good chance that they will be dropped. That said, when it comes to children, reporting what you think may be a crime against them is never a bad idea; if ultimately unfounded, it is certainly less damaging then it would be for a neglected child to not be dealt with. 

Kern County’s Bail Schedule

Many people do not really comprehend how the justice system works in California. Failure to understand these rules can land people in jail when they shouldn’t necessarily be there. Many people don’t realize that it is perfectly legal in, when they are charged with most crimes, to be released from jail without ever seeing a judge for a bail hearing.

What are Bail Schedules?
Bail schedules are basically a long list of possible crimes that a person might commit within a jurisdiction. These schedules list the crime and the preset bail amount for each, and are set forth by the superior court of the specific county. Using these schedules, a person can secure their own release by paying the full preset bail amount or by contacting a bail bond agent.

All counties in California have their own specific bail schedule, which can be a shortcut to securing a defendant’s release. Once the bail amount has been determined, a bail agent can arrange a person’s release for a fee of only ten percent of the face amount of bail.

Advantages of Using Bail Schedules

Once a person is standing before a judge, the court can raise the “preset” bail amount, after considering prior convictions or aggravating circumstances to the case. Bail schedules keep the jails from overcrowding, and so are supported by law enforcement.  Also a proper defense argument will be difficult to construct while a person is held within the confines of a jail cell. Getting released as quickly as possible always goes a long way in helping a person prepare their defense. Returning home to one’s family and job is a stabilizing factor, both emotionally and financially.

Kern County Unbailable Offenses

The bail schedule in Kern County is different than many other schedules, in the fact that it lists several offenses that are unbailable. In fact, the schedule says that any felony offense, which is punishable by death or life imprisonment without parole, is not bailable. Most other counties only list one offense – murder with special circumstances – as unbailable.

Bailable Crimes

Not all crimes are treated as seriously as capital offenses when it comes to bail, but the high bail amounts for other crimes go a long way in showing that Kern County is tough on crime. If a person merely threatens the life of a judge or official, without any actual attempt to hurt them, the bail amount is $100,000. Kidnapping a victim under the age of fourteen brings a bail amount of $250,000.

Other crimes are not nearly as serious. A battery charge, for instance, requires only a seventy-five hundred dollar bail amount. Contributing to the delinquency of a minor brings even a smaller amount, requiring only a $2500 bail.

Bail schedules effectively allow a person to get out of jail more rapidly, and agencies like Bail Hotline make it possible for them to afford to do so. Though the bail schedule in Kern County may have been intended to save the county money from housing prisoners, it also provides a great benefit to those who have been arrested.  

Arson California | California PC 451

Fire is undoubtedly one of humankind’s greatest discoveries. It has allowed people to stay warm since the dawn of time, and without it, most of what is familiar to us would not be possible. Unfortunately, fire can also be more than deadly – taking with it not only lives but also dwellings – when used with bad intention or when a simple disregard for prevention gets out of control.

Is it Arson or Reckless Burning?

According to Penal Code 451, arson is a malicious or willful act, with intent to harm persons or property.  It is an extremely serious charge and, if convicted, you must register as a convicted arsonist and report your whereabouts to the local police; failing to register can incur up to one year in jail.

Penal Code 452, is considered the “second arson” law, is generally referred to as the “reckless burning law” and it involves burning of a structure, forest or open land.  If you toss a cigarette into dry brush and it ends up burning property or harming another person, this is considered reckless and can also incur a felony charge.  In this case you were not just being negligent or careless, you were aware there was a risk involved and chose to ignore that possibility.

What are the Penalties for Arson?

Depending upon the circumstances of the incident and the subsequent amount of property damage, the penalties for arson can be wide ranging. For instance, arson that causes great bodily harm – including death – can incur a felony charge. Additionally, recklessly setting a fire that causes millions of dollars in damage to property can also bring about a felony arson charge – even if the intent of the fire was not malicious in nature.

With felony arson, convicted individuals may be facing many years in prison and fines that range into the tens of thousands of dollars or higher. In cases of misdemeanor arson, fines typically do not exceed $2,000 and jail time is usually less than one year in a county jail.

What is the Bail for Arson?

In California, individuals charged with felony arson can expect to qualify for bail amounts that range between $20,000 and $500,000, depending on the specific charges and circumstances.

For instance, arson committed against an uninhabited structure may incur a bail amount of $75,000, while arson committed during an officially declared state of emergency hike the bail amounts closer to $350,000.

Arson requires an intelligent defense, best served by the freedom to meet with a specialized attorney on your own terms.  Of course, getting back to your job and your family as soon as possible will also keep you on track and more financially capable of handling necessary expenses.

Solano County’s Bail Schedule

As in virtually any other county in the state of California, Solano County has its own bail schedule, and this schedule is used to give a reference for bail amounts issued to individuals who are arrested and charged with certain crimes. The bail schedule for Solano County lists what an arrested individual may face when trying to be released from custody pending a trial. If you or a loved one has been arrested in Solano County, contact our Bail Hotline Fairfield office for immediate help.

Bail Amounts Increase with Multiple Charges

When you look over the bail schedule of Solano County, you will see the average amount of bail for certain crimes. The figures displayed do not necessarily represent what the actual amount of bail will be, especially when multiple charges are pending. It will give you a basic idea of all the various crimes and potential face amounts of bail that are stipulated for crimes allowing bail in this manner.  You bail agent will be familiar with all the possible variations as soon as you give them the facts of your arrest and the charges.
Circumstances Matter

Bail amounts can differ based on the circumstances of a criminal accusation and subsequent arrest. For instance, a person who kills another person with a vehicle may be charged with vehicular manslaughter, resulting in a bail amount averaging around $10,000.  However, if there was intent to use the vehicle to kill someone, the charge can then become vehicular homicide – for which there is no bail amount.   Other crimes with no bail amount include murder and capital murder. In these situations, neither a bail bonding agency nor any amount of money will get you released from jail while awaiting trial.

Correlation Between Jail Time and Bail

Some crimes carry a minimum sentence in California, and as such, you may be able to use the Solano County bail schedule to have a better idea of bail amounts based on the number of years in jail or prison the defendant is facing. For instance, someone looking at a potential of three years in prison may have their bail amount set at $15,000, while an individual who is facing a sentence of 16 years may be required to post up to $180,000 in order to be released from custody while awaiting their trial.

In most cases a bail agent will be able to work with you to post a bond on your behalf, allowing your freedom until a verdict is pronounced. Not only will you be able to return to your home, job and family, but also your release will give you the time and access to assist in building a proper defense.  Sitting in jail is never something you want to do if there is any choice, and with the many options available – from zero down financing to collateral loans – in most cases you are only one phone call away from securing your release.

If you’re in a bind anywhere from Oakland to Santa Ana, give us a call!

Battery | California PC 243

In California, a criminal charge of battery is serious, but when the charge is battery upon an officer of the law, the consequences of a conviction can be dire. From fines to penalties, including jail time, people convicted of battery upon an officer may face very stiff sentences, and these sentences can be magnified depending upon the circumstances of the battery charge.

Definition of Battery

In many cases, people confuse the words “assault” and “battery.” An assault is simply the threat of force with the reasonable ability to carry it out. An example of an assault may be when someone threatens to hit another person while holding baseball bat. Battery, on the other hand, is the actual use of force, even if no threats have been made. Essentially, one can be charged with assault, battery or both.

Definition of an Officer

While it’s quite obvious that a sworn police officer is considered an officer under the law, there are also other definitions according to California law. For instance, a police dog or other law enforcement service animal is considered to be an officer, and some security officers are also covered under the label. Traffic officers and code enforcement officers are also considered to be officers under the law, meaning the penalties for battery upon such individuals are just as strong as if they were police officers in uniform.

Fines and Penalties

The typical fine for battery upon an officer in California is $2,000, but the amount can be lower. Additionally, individuals convicted of battery upon an officer may face as much as one year in a county jail for their actions, and this jail sentence may be combined with a fine. There are also unseen costs associated with a battery upon an officer conviction, including a criminal record and lessened job opportunities in the future.

What You Can Do If Charged

In most cases, a bail amount will be set for you once you are arraigned. At this point, you will want to seek out the nearest Bail Hotline office. The average bail amount for battery upon an officer is $3,000, but this amount can change dramatically depending on the circumstances of your arrest. In addition, if you are charged with other crimes in addition to battery upon an officer, your bail amount may be substantially higher.

If you ever find yourself in a situation where you are tempted to strike an officer of the law, it would be wise to resist. Even if you feel that they are treating you unfairly, it is almost always better to bring that information out in a court of law on your own terms, not the officer’s. If an officer is physically abusing you, do not resist and always try to reasonably comply with any orders you are given. Once your arrest is complete, you will have the opportunity to present your case before a judge, and this is always a better option when compared with being charged with battery upon an officer. 

Reasonable Bail | The 8th Amendment

The United States Constitution provides several rights for those accused of crimes within our country. The founding fathers wanted to ensure that the federal and state governments could not become corrupt and violate a person’s civil liberties without facing repercussions.

One of the rights that many people may only become familiar with after they or a family member is arrested is the Eighth Amendment of the Constitution. This amendment guarantees the government cannot impose excessive bail, and it also prevents cruel and unusual punishment. Many people become confused when someone is held without bail, so it is important to know some nuances of the Eighth Amendment.

Historic Roots

The Eighth Amendment was part of the Bill of Rights, which was adopted in 1791, but this is not where the idea of reasonable bail was originally conceived. Sheriffs in England were allowed to decide whether or not a person could be bailed out of jail, but they often abused this power. In 1275, the English Parliament thought it solved this problem by specifying which crimes were bailable and which ones were not.

The King of England then began subverting this law and claimed that he had the right to hold people in jails without bail at will. The back and forth between executive officers and the legislative body of England continued until 1689 when the English Bill of Rights stated that excessive bail shouldn’t be required. Americans brought this basic idea to the New World with them, and once they gained their freedom they held onto many laws that had made England a great nation.

What it Means Today

Many people wonder how the 8th Amendment applies to the modern day world. Some are surprised when they see TV shows where defendants are remanded without bail, thinking that this is a violation of the Constitution. Unfortunately for some people accused of crimes, it is not. The Eighth Amendment only guarantees that courts cannot set excessive bail; it does not, however, state that bail is required.

America in general requires high bail amounts that many people find excessive, creating the need for bail bond agencies and bounty hunters. It is obvious that America is different than other countries in its view of “excessive bail,” demonstrated by the fact that it is one of the few countries in the world where bounty hunting is actually legal.

There are numerous times when a person may be denied bail. If the Court believes a person presents a serious threat to others if they are released, then it is their duty to hold the person in jail. Bail is meant to ensure that a person returns for their court date, so if a judge believes there is no bail amount that will guarantee a person’s return, they can deny bail outright. For instance, this can be the case if someone is accused of a crime that could bring the death penalty if convicted. As mentioned previously, bail amounts in America are exceptionally high, but if a person feels their Eighth Amendment rights are being violated, they should contact a bail bond agent and lawyer as soon as possible.

The Eighth Amendment of the U.S. Constitution is meant to protect those accused of crimes from corrupt governments. This amendment has been running through our forefather’s blood since before America became a nation. Just because the government cannot impose excessive bail on a person, however, does not mean that they must grant bail. A person who feels their rights are being violated will never be noticed if they do not speak up.

Orange County’s Bail Schedule

Many people who are thrust into the criminal justice system for the first time are often confused and unaware of their rights. Unfortunately, most police departments don’t inform people of information that could potentially help them out. One fact that many people do not know is that it isn’t mandatory to see a judge to receive bail after being arrested.

Bail Hotline in Orange County can usually have a person out of jail within a few hours of their arrest by utilizing the county’s bail bond schedule. There are numerous schedules throughout the state of California, but if someone is arrested in Orange County, they will have to follow Orange County’s rules.

Bail Schedules

Bail schedules are important in saving the county money and giving people a chance to prepare their defense. Orange County’s bail schedule has an almost exhaustive list of crimes that might be committed within the county. Each of these crimes has a set bail amount that a person can choose to post before ever having to stand before a judge. This saves the county money on housing an inmate for a few days – but more importantly, it allows the accused to work on his or her defense outside of jail walls.

Once a person is booked they can make a call to a bail bond agent, who will know the exact preset bail amount necessary for their release. This is also a good idea because once a person stands before a judge, the judge has the option of raising the preset bail amount after considering aggravated circumstances.

Crimes and Contingencies

Though Orange County’s schedule does have many types of crimes listed, the Orange County Superior Court realized when they passed the schedule that it would be nearly impossible to cover all contingencies. To deal with this issue, the Court included a list of bail amounts for crimes not mentioned within the bail schedule; these amounts are contingent on the maximum incarceration term that a person faces.

Someone who faces ten years in prison, for instance, will have a $55,000 bail amount. A person facing life in prison will have a bail amount of one million dollars. Prior strikes in the county also add another $100,000 to a person’s bail, so these amounts can get quite high.

A person accused of murder faces a one million dollar bail amount. The schedule, however, states that if special circumstances exist in the murder, then a person can be held without bail. This means that if presumption is great that a person committed the crime, they can be held until trial.   One crime that may not have been seen on many bail schedules before 2001 is using a weapon of mass destruction. If death is caused through the weapon’s use, then a person faces at least a one million dollar bail amount.

Being arrested can turn into a nightmare for anyone. Imprisonment, fines and court costs are all penalties that a person accused of a crime can face. Luckily, the Orange County bail schedule allows most people to get out on bail before ever having to see a judge – allowing the accused to gather information and evidence to use for their defense. It also gives them a better chance of reaching a positive outcome with their lawyer. Contacting your bail agent means the defendant may be released from jail within a few hours so that they have a better shot at a fair trial.

 Click here to download Orange County’s 2012 Bail Schedule in pdf.

Forgery | California Penal Code 470

California doesn’t take any crime committed within its borders lightly, but some crimes seem to carry sentences that some may find excessive considering the charge. Forgery is often one of these crimes. Many people think forgery is simply signing another person’s name to a document, but the law is much more in-depth than that.

There are several instances where a person may commit forgery without even knowing it. The crime carries severe punishments, and a forgery charge can even prevent a person from getting out of jail on bail. Knowing the fine distinctions of the law can prepare a person if they’re ever faced with a forgery charge.

What is Forgery?

California Penal Code 470 goes into great depth of what the crime of forgery entails. Whenever a person intends to commit a fraud while signing another person’s name without their authorization, it is obviously a forgery. There are other examples of the crime, though.

Trying to recreate another person’s signature to commit a fraud and altering legal documents are also considered forgery. A person can also be charged with forgery if they alter, falsify or counterfeit documents related to money, property, stocks or other goods. Falsifying notarized documents, wills, court records or any other legal document will also garner the charge.

Penalties

It is important to contact a bail bond agency and a lawyer as soon as possible after being arrested for forgery, because the consequences of a conviction are severe. It is important to get out of jail as quickly as possible to start working on a defense. A very first conviction on a forgery charge can bring with it a three-year prison sentence. On top of this prison time, a person convicted of forgery will usually have to pay restitution to the victim of the crime and up to $10,000 in fines. As with most crimes in California, a person may also have to perform community service before being let off of the hook. These punishments may seem severe due to the fact that even writing a bad check can be considered forgery, but it is important to know that all of these penalties are a possibility.

Held Without Bail

There are not many crimes that a person can commit that will prevent them from getting bail at all. California Penal Code 1275 states that if a peace officer, judge or prosecutor believes that a person may use feloniously obtained money or assets to post bail, then the defendant can be held without bail until they can prove otherwise. Since forgery can be charged as a felony, many people would assume that assets used for bail could’ve been feloniously obtained. An attorney or bail bond agency can help in these situations, but getting bail will usually require proof of some type of income not illegally obtained.

Forgery is a serious crime within the state of California. It is important for a person to contact a bail bond agency as soon as possible to get out of jail. Bail becomes a difficult issue when forgery is involved, but bail bond agents can speak up for a person in court to help secure their release on bail. The range of punishments for forgery varies widely and can be extreme in some cases, so it is also important to secure a good lawyer. Knowing what the law says about forgery and how to handle the charge is the best way to have the indictment dropped.

Alameda County’s 2012 Bail Schedule

The experience of being arrested in California is going to vary from county to county. The state itself has defined many types of crimes, but the bail amounts and penalties are usually left up to the county courts. It is not often necessary for a person who has been arrested to sit in jail until they see a judge. Each California county has a bail schedule set forth by its superior court, and bail bond agencies can use these schedules to have most alleged offenders released within hours of their arrest. Alameda County, however, has a bail schedule that is far stricter than some other counties when it comes to certain crimes.

What is the Bail Schedule?

The bail schedule in Alameda County lists offenses that may have been committed, as well as their possible sentence and preset bail amounts. This allows people to have bail posted for them before ever seeing a judge, which gives them time to properly prepare their defense outside of jail.

A person might receive a lower bail amount if they wait to stand before a judge, but it is important to understand that they may also receive a higher bail amount if the judge sees fit. Since bail bond agencies can only legally charge a defendant ten percent of their bail amount in California, it is often more advantageous to your financial position and family’s welfare to contact Bail Hotline and get out of jail as soon as possible.

Bail Amounts

Alameda County has an extensive list of offenses listed in their bail schedule, and they even include a formula within the schedule to set a bail amount for offenses that aren’t listed. Gang activity is obviously taken quite seriously, as any criminal street gang activity carries with it the promise of being in jail until a judge sets a bail amount. Treason is also listed in the county’s schedule, but there is no bail possible for anyone accused of this crime.

Some other crimes are not punished as harshly as the aforementioned.  For instance, aiding the commission of a felony by administering drugs carries a preset bail amount of $20,000 dollars. With the use of a bail agency, a person would only have to come up with $2,000 dollars to get out of jail.  At Bail Hotline there are other ways to finance your bond premium, such as zero down payment plans and collateral options.

Certain crimes do allow preset bail amounts, but the bail is so high that it is fairly obvious the county really wants a person accused of that crime to stay put in their jail. Negligently discharging a firearm is one of these crimes, and it carries a preset bail amount of $250,000. It is important to remember that a judge can raise or lower this amount at an initial appearance – of course, that would entail the accused sitting in jail until the county puts them in front of a judge.

Alameda County has one of the strictest bail schedules in all of California. Certain crimes that would garner a high bail amount in other counties will almost guarantee a person sits in jail until they can see a judge in Alameda County. That said, the majority of crimes are still considered bailable offenses in this county, so it’s always more desirable for a defendant to contact Bail Hotline to make sure they don’t wait in jail needlessly, and can get back to their job and family as quickly as possible.

Click here to see Alameda County’s 2012 Bail Schedule

Rehabilitation Centers in California

There are several parts of the criminal justice system that most people do not know about unless they have been through them. Being arrested is hardly ever as simple as a person spending some time in jail and then just going about their lives. Even after a person’s release, they often have to worry about parole, probation, fines, community service and rehabilitation programs.

California’s rehabilitation centers strive to ensure that former inmates are able to overcome any of their problems that caused them to end up in jail in the first place. With the proper rehabilitation program, a person has a decent chance of not ending up back in the system.

California Department of Corrections and Rehabilitation

The California Department of Corrections and Rehabilitation (CDCR) has several adult rehabilitation programs run by the Office of Substance Abuse Treatment Services (OSATS), the Office of Community Partnerships, the Office of Rehabilitative Program Planning and Accountability and the Office of Correctional Education. All of these programs are meant to ensure a former offender’s success while on parole and in the future.

CDCR lists its main goals as providing “effective evidence based programming to adult offenders” and creating solid relationships between ex-offenders and their local government, communities and community based providers. This is all in the effort to help a person effectively reintegrate back into their surrounding community.

What is Rehab?

Simply putting a person into a rehab program isn’t going to increase their chances of living a non-criminal life; a person must be put into the right program. CDCR uses an assessment tool that involves several factors having to do with the offender, to discover which programs will be best suited for them. These programs often ensure that offenders have access to basic educational and drug treatment programs.

It has been proven that those with more education commit fewer crimes, and getting rid of a drug habit is a quick way to prevent recidivism. Once the state knows which programs will benefit a former inmate, the process of rehabilitation becomes so much easier.

Does Rehab Really Work?

The Public Safety and Offender Rehabilitation Services Act of 2007 set forth certain benchmarks in the reformation of California’s criminal justice system. The CDCR has either met or exceeded each of these benchmarks. The evidence-based programs have been proven to lower recidivism, reduce prison overcrowding and save taxpayer money spent on prisons. Comprehensive research and appropriate planning have begun to make California a safer place for everyone concerned. Rehabilitation goes a long way toward ensuring a prior offender doesn’t see the inside of a jail cell again.

California rehabilitation centers strive to help ex-criminals return to a non-criminal way of life. Research is used to find the right program that will benefit an offender who is returning home. Evidence shows that these programs do work and that the benchmarks set forth by the state of California have been met.

Preventing a person from re-offending is the best way to lower crime rates and improve communities. Parole officers are often not enough to ensure a person doesn’t return down the wrong path, so giving an offender what they need to build a healthy lifestyle can be invaluable in helping both the former inmate as well as the community.