Year: 2012

Being arrested is a stressful situation for anyone who has ever experienced it. There is a common misconception that a person must sit in jail until a judge grants them bail, but this is hardly ever the case. Most crimes have a specific bail amount that is required for a person to be released. These amounts vary widely depending on the specific crime that a person is being accused of and the county is which they are charged. Santa Barbara County’s legal system is set up to allow most people accused of crimes to go free while awaiting trial.

Bail Schedule

A bail schedule is a list of common crimes that might be committed within a county and the preset bail amounts attached to each of these crimes. Once a person sees a judge, these bail amounts can be increased or decreased at the judge’s sole discretion. Because of this, it is often pertinent for a person to contact a bail bond agency to get out of jail before a judge has the option to consider aggravated circumstances in a case.

Santa Barbara’s bail schedule lists just about any crime that a person may commit, but it also states that if a person is arrested for a felony that isn’t listed on the bail schedule, their bail should be set at twenty thousand dollars minimum. The schedule also describes a method through which an amount listed on the schedule can be increased for certain offenders if a peace officer feels that it is warranted.

Misdemeanor Charges

Misdemeanor charges are considered less serious than felony charges. Several misdemeanors are specifically listed on Santa Barbara’s bail schedule. If a person sells, buys or possesses an unmarked firearm, for instance, their bail amount will be set at ten thousand dollars. A person who sells or possesses a tear gas weapon will face a $2,500 bail amount.

There is a preset bail amount of five thousand dollars if a person possesses, sells or manufactures a knife disguised as a lipstick tube, but most misdemeanor offenses are not specified in the bail schedule by anything other than the section of the law that they fall under. This county’s officials realize that weapons are a serious problem in the area, so weapons charges are all listed by name.

Felony Charges

Felony convictions usually bring with them at least one year in prison. Santa Barbara County takes felony charges very serious, but most all of these charges still have a preset bail amount. In fact, the only time the schedule mentions holding a person without bail is when they are being charged with a murder involving special circumstances.

A person accused of murder with no special circumstances is bailable at one million dollars. Even attempted murder carries with it a steep bail amount, but it is listed as $500,000, which makes it only half of the bail amount required for accused murderers. One crime that many people wouldn’t even know exists is using information on a sex offender website to commit a felony, which brings with it a $25,000 bail amount. This bail amount will of course be superseded by a higher bail amount if the felony committed has a higher amount listed.

Anyone who has ever been arrested knows that the situation is an extreme hardship. What you may not know is that the quickest way to accomplish your release is to contact Bail Hotline; with locations in all the major counties of California, their agents know the bail schedules and can have a person out of jail within a few hours. Santa Barbara County does take a harsh stance on crime, but their bail schedule ensures that jails do not become overpopulated due to minor offenders.

Click here for complete Santa Barbara County 2012 Bail Schedules.

Four years ago, a study surfaced which offered the statistic that one in every 100 U.S. adult citizens was currently either in a state prison or county jail. An even greater number of our citizens face arrest at some point in their lives. With predictions like these, it is important for every Ventura County resident to be aware that there are real ins-and-outs to the criminal justice system available to all.

Many people may, for instance, think that sitting in jail for 2-3 days waiting to have bail granted by a judge is the norm, but this is often not a necessity. Every jurisdiction in California has preset bail amounts that a person can pay to get out of jail before ever seeing a judge. In fact, Bail Hotline can have just about anyone released from jail within a few hours of his or her arrest.

What is a Bail Schedule?

The Ventura County bail schedule is set forth by the Superior Court of this county. The schedule has a nearly exhaustive list of crimes that a person may be accused of, along with their preset bail amounts. These amounts, if paid, will allow a person to wait for their trial outside of jail, allowing them to build a stronger case for their defense. This also allows the county to save money by not forcing it to house every person accused of a crime for a minimum of two days.

A person might obtain a lower bail if they wait to see a judge, but they would have to sit in jail and also face the possibility of a higher bail amount if the judge sees fit. Since bail bond agencies can only charge ten percent of the bail’s face amount, it is often wise to just get bonded out of jail as soon as possible.

Misdemeanors

Misdemeanors will usually have lower bail amounts than felony charges. Ventura County has a higher percentage of elderly residents than California’s average, so it is no surprise that the bail schedule specifically lists battery against an elderly person as a crime with a $10,000 dollar bail amount – the highest amount for misdemeanors. Assaulting a member of the military or a peace officer carries the same bail amount. There is even a specified bail of five thousand dollars for not reporting a crime that involves a child. Conducting animal fights also carries a bail amount of $5000. Many misdemeanors listed in Ventura County’s bail schedule are set for crimes that affect people and animals that cannot or should not have to defend themselves.

Felonies

Felonies usually carry higher bail amounts than misdemeanors due to the fact that their punishments are also more severe. One of the lower felony bail amounts, for instance, is $10,000 dollars for transferring an assault weapon to a minor. This bail amount is equal to the highest bail schedule for any misdemeanor. Other felony charges bring even more serious bail amounts. Intentionally discharging a firearm during the commission of a felony has a preset bail of $250,000 if it results in serious injury or death. Anyone who mutilates a female child’s genitalia, as some foreign religions sometimes dictate, will face a ten thousand dollar bail amount before being released. These felonies are serious offenses, but there are not many transgressions that would prevent a person from securing bail.

Many people, when arrested, think of nothing other than how fast they can get out. Luckily, the Ventura County bail schedule allows most people to post a preset bail amount instead of waiting for a judge. This is a win-win situation, as it saves the county a large amount of money in court costs while also allowing a defendant the freedom to prepare a proper defense. Knowing how the bail system works is a large part in getting out of jail as quickly as possible after an arrest, so contacting Bail Hotline should be your first move.

Click here for complete Ventura County 2012 Bail Schedules.

There are thousands of crimes and corresponding penal codes that describe them across the country. Punishments run the entire gamut of punitive actions, and can range from minor fines to capital punishment. Unfortunately, there is no overreaching definition of any crime throughout the nation. What one state considers murder, another may consider manslaughter.

California is no different than any other state in the Union, in that it has its own penal codes and definitions of crimes. Assault is one crime that varies wildly across the states, but anyone accused of this crime in California should know its exact definition to properly prepare their defense.

Assault in California Defined

In most states, California included, assault is defined as a battery attempt. Battery is an attack on someone that results in physical contact; therefore assault is an attempt to attack another person. California’s legal definition of assault is any unlawful attempt that is coupled with the present ability to commit violence on another person. For example, if a person attempts to punch another and has the present ability to do so, they have committed an assault even if they did not make physical contact.

Assault is usually prosecuted as a misdemeanor, although in some areas it may be considered a felony; i.e. if it is committed towards police officers. There are, of course, other types of assaults that can incur a felony charge. One of the most notable examples is an assault with a deadly weapon charge, which is sometimes referred to as aggravated assault. A person can be charged with this crime if they used a deadly weapon during the commission of an assault, or if they used force that would’ve likely caused great bodily harm to another person. Not all assaults of this nature are automatically charged as felonies. Prosecutors will consider several factors, including the type of weapon used, when deciding how to charge a person.

A Variety of Defenses

Like any other penal charge, there are legitimate defenses against an assault charge. The most obvious defense is that the crime never occurred. Unfortunately, due to the definition of assault in California, a person can be arrested based completely on the testimony of the alleged victim. Since assault requires no physical contact, there doesn’t have to be any evidence that an alleged victim sustained harm from the accused.

Another possible defense is the tried and true “self-defense” argument. If an alleged victim attempted to attack the accused during the altercation, the defendant will have a strong case to have the charges against him dismissed. A person can fight these charges on their own, but it is often prudent for them to enlist the services of a lawyer to inform them of the best strategy for their particular case.

Due to the nature of assault charges, it is important that a person get out of jail as soon as possible so that they can begin preparing their defense. It often is not a good idea to wait for a judge to set bail, as this can take two to three days. Assault is listed on a county’s bail schedule, so a phone call to Bail Hotline can get the accused out of jail in only a few hours in most cases. Quick release from confinement is important to prepare a person’s defense. Defending oneself against an assault charge is no easy task, and one not easily done from a jail cell.

Assault is a very serious crime in California. Unlike some other areas, a person can be charged with an assault in California even if there was no physical contact. It is important that a person contact a bail bond agent and a lawyer as soon as possible after being arrested to begin preparing their defense. Assault is one of the few crimes where a person can face serious consequences even though no one was actually harmed during its commission. There are several legitimate defenses against an assault charge, and if properly handled, a person may get by with no harsh legal ramifications. 

Being arrested in Los Angeles County will definitely lead to some jail time. Many people believe that they will be incarcerated until they are able to make bail by standing before a judge, but this is not always the case. Bail bond agencies are usually able to get people out of prison within a few hours, but there has to be a set bail amount for the agency to sign off on. Luckily, the county of Los Angeles has set bail amounts for most crimes that will allow a person to leave jail to prepare their case before ever stepping foot into a courtroom.

Preset Bail in L. A. County

Bail schedules are lists of set bail amounts for any particular type of crime. In Los Angeles County, these bail amounts are set forth by the Superior Court of the county and apply to everyone arrested within the county. Without these schedules, every person arrested for a crime would have to wait for an initial hearing in front of a judge in order to make bail. There are some crimes in Los Angeles that do not have a set bail amount, but they are few and far between. Most people arrested in the county can garner their own release within a few hours if they contact a bail bond agency.

Even Serious Crimes Have Preset Bail Amounts

Several counties in California list certain crimes on their bail schedule as “No Bail.” This means that a person must see a judge before they can get out of jail on bail. Los Angeles County often doesn’t have this luxury, due to its high population. The city of Los Angeles alone has over 3.8 million people, so holding everyone accused of a serious crime would quickly overcrowd county and city jails.

Several crimes such as aggravated kidnapping and murder carry a “No Bail” tag in other counties throughout California, but not in Los Angeles. Each of these crimes carries a set bail amount of one million dollars in Los Angeles County. In fact, the only crime listed in the county’s bail schedule as “Not Bailable” is murder with special circumstances. This means most other crimes, including serious felonies, have a monetary bail amount that can secure a defendant’s release.

The fact that Los Angeles County allows even serious offenders to get out on bail doesn’t mean that the county is soft on crime. A one-million dollar bail amount is enough to keep most murderers and other serious offenders behind bars, but even those who do acquire bail are likely to return for their court dates in order to not forfeit such a large sum of cash or bond premium.

These bail amounts do not seem to have a negative effect on crime. When looking at the murder rates of all California cities with a population over 250,000, Los Angeles is only the fifth highest on the list of thirteen cities, with cities like Oakland nearly tripling its murder rate. Los Angeles County seems to have found a good balance that allows most people accused of crimes to gain their release through bail bond agencies, while keeping the majority of high-risk offenders imprisoned.

Other Serious Crimes

There are several other serious crimes, which also have a preset bail amount. In L.A., these charges have completely different bail amounts than they do in San Diego County (for instance):

Mayhem, which is the act of disfiguring or disabling a person in a permanent way, has a $100,000 preset bail amount. Stalking is also a serious crime listed on Los Angeles County’s bail schedule, and it brings with it a bail amount of $150,000. The act of soliciting murder carries with it a bail amount equivalent to an actual murder and it is set at one million dollars. Pandering is a serious problem in many areas within Los Angeles. Pandering is the act of soliciting people to be prostitutes or soliciting their services. Pandering has a preset bail amount of $35,000. This is unless the solicited prostitute is a minor; at this point the bail schedule sets bail at $50,000.

Los Angeles County’s bail schedule is a great way for those accused of crimes to be released so that they can work on their defense. The majority of crimes committed within this county, even a few that aren’t listed on the bail schedule, have a preset bail amount that a person can post to gain their own release. Any person arrested for a crime should immediately contact their lawyer or Bail Hotline to make sure they can get out of jail and assist in their own defense.

Download Los Angeles County’s 2012 Felony Bail Schedule here (pdf).

A charge of driving while intoxicated, aka DUI, can happen to virtually anyone at any time. While some drivers may not realize it, the DUI can come with serious financial and social consequences. If you or a loved one are currently facing DUI charges in the California area, it’s important to realize that the following costs may apply to your situation:

1. Bail

If you’ve been arrested and charged with a DUI, you may be offered the chance to receive bail. In these cases, a bail bond agency will arrange your bail for only 10% of the full bail amount, allowing your release from jail until your trial. The bail premium is earned as soon as your bail bond is posted, and collateral may also be required.  Monthly payments and even zero down arrangements may be made in most circumstances.

2. Fines and Penalties

Every individual who is arrested for a DUI in California will be facing fines and penalties. Depending on the circumstances of the DUI incident and any prior charges or convictions, a DUI-convicted driver in California may face anywhere from a few hundred dollars up to many thousands of dollars in fines and penalties.

3. Insurance Rates

Drivers convicted of a DUI will always have to face higher auto insurance rates after a conviction. SR-22 insurance is the standard minimum requirement for DUI-convicted drivers, and the rates for SR-22 premiums can often be many hundreds of dollars per month or more.

4. Alcohol Education

In California, as well as in other states across the country, drivers convicted of a DUI may have to take state-sanctioned alcohol education classes in order to reacquire their license to drive. These classes can cost drivers thousands of dollars in the long run, as well as substantial hours of class time.

In addition to the financial costs of a DUI, other costs may be involved, including:

A) Loss of Employment Opportunities

Some individuals who have been charged with or convicted of a DUI face limited employment opportunities. This means that employers may be less likely to hire a person who has a DUI on their criminal record, and some people even go on to lose their current positions as a consequence.

B) Relationship Stress

Another cost of a DUI is the stress it can place on your personal relationships, friendships and more. Many people convicted of a DUI will be unable to maintain regular transportation, and this means asking for rides from others. Over time, this kind of behavior can cause stress on otherwise healthy relationships. Additionally, the financial burdens caused by a DUI can lead to arguments, resentment and fights.

If you plan to drink, the bottom line is this: don’t drive. The costs associated with a DUI, both financial and social, are not worth the simple enjoyment of a night out. If you drink, whether at home or out on the town, always have a designated driver or sober friend or relative around in case you need transportation. If you do find yourself facing a DUI, you or a loved one should contact Bail Hotline as soon as possible, and then contact a qualified California criminal defense lawyer.

Getting arrested in San Diego County is going to be a hassle regardless of the charge, and this holds true in most areas throughout California. Many people that are detained by law enforcement believe that they must sit in jail until they are given a bail hearing, but this is not the case. Most crimes occurring in San Diego County have certain bail amounts attached by statute, which means the majority of people arrested can be released before they ever see a judge. If a person knows how to use these rules to their advantage, they are far more likely to spend very little time in jail.

What is a Bail Schedule?

The county bail schedules are a preset list of bail amounts for any crime that may be committed in a specific area. In the county of San Diego, these bail amounts are chosen by a majority vote in the Superior Court of San Diego County. Once a person is arrested, they may gain their freedom before any hearings by posting these bail amounts. The only downfall in doing this is the fact that a judge could possibly lower a bail amount if a person waits for their initial hearing, but this will likely involve sitting in jail for at least two days. Bail bond agents can secure a person’s release by charging a fee that is only ten percent of the set bail amount, so it is often prudent for an inmate to contact one of these agencies as soon they receive their phone call.

Crimes on the Bail Schedule

San Diego County lists all possible crimes on their bail schedule, including those that require a person to see a judge before being considered for release. One obvious feature of San Diego that can be interpreted simply by looking at the bail schedule is the fact that the ocean is a big part of everyday life. This is shown by the fact that there are five pages in the very beginning of the bail schedule related to fishing, camping and water activities. These bail amounts are often low, and they can drop as low as twenty-five dollars.

Of course, because every possible crime is listed on the bail schedule, there are instances when the schedule requires a person to stand before a judge before being considered for bail. These are usually serious offenses and range from perjury that resulted in an innocent person’s death to treason. Some instances of kidnapping and sexual assault also fall under the “No Bail” section of the San Diego County bail schedule. It is even important to note, in the post-9/11 world, that the charge of using any weapon of mass destruction also brings with it the necessity to stand before a judge before being considered for release.

Specific Bail Amounts

There are some serious offenses that many people don’t know carry high bail amounts. Mayhem, which is the permanent disabling or dismembering of another person, carries with it a $50,000 bail amount. Stalking is another serious offense, and it requires a $100,000 bail amount. Soliciting someone to commit murder also carries with it a steep fine, but the San Diego bail amount is $250,000, much lower than that of some other California counties. Pandering, which is the act of soliciting women to be prostitutes or finding customers for them, is also a serious crime, and carries with it a $50,000 bail amount. If someone is trying to recruit a prostitute under the age of sixteen, bail will jump up to $75,000.

The existence of bail schedules benefits the county and the accused equally. The county is able to save money on the housing of inmates, while an accused person is able to get out of jail quickly and prepare their defense. There are instances in the bail schedule that state a person must go before a judge to be considered for bail, but these are the most serious of crimes and do not affect the majority of those arrested. The best way for an inmate in San Diego County to find out if their offense has a set bail amount is to contact their lawyer or Bail Hotline immediately.

Download San Diego County’s 2012 Bail Schedule here (pdf).

If you go out with friends or family and have a few drinks in California, but you’re not driving, you may think that you aren’t at risk for facing an alcohol-related arrest. Unfortunately, many people each year find out that, even though they aren’t driving, having a bit too much to drink can lead to a charge of Drunk in Public, also known as DIP or public intoxication.

How a DIP Charge Occurs

The charge of DIP usually happens when a person is intoxicated on a public sidewalk or street, but it could happen in virtually any public place, including parks. Most California police officers and sheriff’s deputies make DIP arrests when an intoxicated individual is impeding the flow of traffic on a public way, or when the person has become a danger to their own safety or the safety of others. In addition, officers are given discretion in issuing these types of charges, and as a result, some intoxicated individuals will be charged with DIP if they simply cause a disturbance.
It Can Only Get Worse

In addition to being charged with DIP, one of the other problems with being intoxicated in public is that it can lead to behavior that may incur additional charges. Often, intoxicated individuals will start fights, make inappropriate remarks or gestures, vandalize property, urinate openly and more. These types of behaviors can then be charged separately on top of the charge of DIP, ultimately compounding the situation.

Getting Back Home

Thankfully, many individuals who are arrested and charged with DIP are offered the opportunity to post bail in order to be released from jail until they go before a judge. In these instances, partnering with a professional bail bond agency is one of the best moves you can make, to ensure a quick release; when you’re intoxicated you are not in control and may otherwise find yourself at the mercy of unruly or hardened criminals. Bail Hotline will work with you to arrange a payment plan that fits your needs and your budget, and will also accept various forms of collateral.
It’s Not Over ‘til It’s Over

If you are offered bail by a judge, keep in mind that being released from jail does not mean that your charges are dismissed. Depending on the specifics of your case and your legal defense strategy, you may still need to appear in court for a trial related to your DIP or other charges, and you may still be convicted. Your bail agreement will also need to be fulfilled whether you are convicted or not. Before agreeing to receive bail from a bonding agency, ensure that you understand its terms and conditions fully.
Remember, alcohol-related offenses don’t always happen while driving; although, in California and other states you can be issued a DUI charge for merely having your keys in the ignition if you’re intoxicated and in your vehicle. You should always exercise caution when drinking, and it’s a good idea to have a sober friend or family member with you if you decide to go out. If you do find yourself facing a DIP or DUI charge, you should then contact a bail bonding agency and a defense attorney for help as soon as possible. 

If you have received a call from a family member who has been arrested for misdemeanor battery in California, you are probably going through a roller coaster of different emotions. You might be angry, confused, and fear for the safety of the ones you love – all at the same time. While there is a reason to be emotional, now is the time to get put everything aside and try to understand what the charge means and how serious they really are. By understanding what infractions fall under the penal code of misdemeanor assault and battery, you can educate yourself on possible outcomes and get a little peace of mind.

How Serious is A Charge of Misdemeanor Battery?

Misdemeanor battery, which is more commonly referred to as “simple battery” in the state of California, classifies a number of different infractions. In some cases, simple battery can fall under domestic battery. This occurs when the incident happened between two individuals who live in the same home – regardless of whether or not they are involved in a romantic relationship.

A victim can file a battery complaint if any type of unwanted physical touching was involved. This can include slapping, pushing, kicking, and even spitting. It is important to keep in mind that there are different sections of the code that include battery causing serious bodily injury, as well as domestic battery, which carry more serious penalties and punishments.
Potential Penalties and Punishments in California

The penalties an accuser faces for a simple battery charge can vary. The details of the case, as well as the defendant’s criminal history, will all come into play when the judge is deciding on a punishment. If you face a misdemeanor charge, you can expect that all of the following may apply:

* Probation of up to 3 years. If you break the law within this period, you will serve the suspended sentence for the batter charge.
* Serve up to 6 months in a county jail in San Diego.
* A fine of up to $2000.
* An order to complete a batterer’s program or a specific number of days of community service.
* Restitution to the victim up to the amount ordered by the judge.

Generally, if there is not seriously bodily injury involved, the charges will be considered a misdemeanor. The maximum jail sentence for any misdemeanor battery charge is one year in jail.

Options of Defense

You can see that even misdemeanor battery charges are taken very seriously in the state of California. This is why most people choose to fight the charges so they will not appear on their record. The accused may hire an attorney, develop a defense strategy, and attempt to have the charges reduced or dropped. Some of the various defense strategies include:

* self-defense
* consent
* accidental contact

Fighting your case from behind bars can be very difficult. If you want to give your loved one the best chance, you should always consider bailing them out of jail so that they can prepare for trial as a free citizen. Not only does bail help the defendant get ready for trial, it also gives them a chance to work and take care of their obligations while they are awaiting their trial date.