Author: Bail Hotline Staff

While not all crimes in California are considered especially serious offenses that require the possibility of prison time, all crimes are capable of landing you in jail. One crime that is considered serious, yet never worthy of being called a felony, is running a lottery. Individuals are not allowed to have lotteries within the state.

There are some exceptions to the rules, but California doesn’t define these exceptions as ‘lotteries.’ The important thing for anyone accused of this crime to do is to get a lawyer. An experienced attorney can explain to a judge that what the State thought was an illegal lottery was likely a perfectly legitimate raffle.

Law Related to Lotteries

California law defines a lottery as a scheme meant to dispose of, or distribute property or money by chance, between people who have provided some sort of payment or promise thereof in order to be considered for a chance of winning the said property. It is also deemed a lottery if ‘winners’ receive some portion of the aforementioned property. These games of chance can also be referred to as raffles and gift enterprises, but any event by another name that meets these criteria is still considered a lottery.

This law also applies to people who prepare, host, set up or even propose that such a lottery be held. Even aiding in the printing of lottery tickets can end with a person being arrested, and they can also be arrested for insuring or receiving insurance for these lotteries. Distributing tickets or setting up a location to hold such a lottery are also considered misdemeanors.

This law doesn’t make every type of raffle illegal, however. The State of California realizes that certain organizations (senior communities, non-profits, etc.) use raffles to fund necessary endeavors. The law usually requires that the majority of the profits earned from these raffles go to charitable means. These raffles, however, cannot just be held on a whim. The organization seeking to hold the event must obtain administrative approval and also register annually with the Justice Department.

Bail for Lottery Activities

Bail amounts vary for every crime in the State of California. This is because each county makes its own bail schedule, which presets specific bail amounts for a crime that has been committed. If you have been accused of any crime related to the aforementioned lotteries, simply contact your closest Bail Hotline office to help post your bail, for just 10% of the total face amount required. Few counties even mention lotteries in their bail schedule, as it is considered a very low cost bail; of course, a thousand dollars can be a really large amount when you don’t have it.

Santa Clara County is one of the few counties that do mention the crime, and it only sets bail at $1000. All other schedules have a table for crimes that aren’t listed in the schedule, based on the amount of jail time a person can receive. These tables usually end up assigning those accused of lottery offenses around the same amount of bail s Santa Clara.

Penalties and Consequences

Lotteries are definitely not considered too serious – mostly due to the fact that they’re not felonies. The commission of the crime can still bring some harsh consequences, especially considering the fact that an otherwise perfectly legal raffle can become illegal if the proper paperwork isn’t filed. Anyone convicted of any of the aforementioned activities is guilty of a misdemeanor. That said, these crimes can land a person in jail for up to a year. The proceedings from the lottery are also confiscated and become property of the State of California.

When looking at some of the serious crimes that occur in California, a person may think that holding a lottery isn’t that big of a deal. Unfortunately, this crime can still land a person in jail. Remember, the only difference between a legal raffle and an illegal lottery is paperwork. If a lawyer can convince a judge that the crime committed was simply an oversight, then a defendant will have a much better chance of escaping jail time.

Almost everyone has seen a movie where the owner of a certain establishment attempts to burn down their building in order to receive an insurance payout. What many people don’t realize, however, is that these types of things really do happen every day; and as such, are one of the most obvious types of insurance fraud.

California defines several instances that constitute insurance fraud and lays out the penalties that counties must abide by when enforcing sentences. Anyone accused of insurance fraud faces severe consequences, so it is in their best interest to secure a lawyer as soon as possible.

What Constitutes Insurance Fraud?

California PC 548-550 outlines the many definitions and rules regarding the possible charges of insurance fraud. The first mention of insurance fraud is when a person willfully damages or destroys some form of property that is insured, with the express purpose of gaining an insurance payoff. The law goes on to mention a long list of crimes that include falsely filing a claim, filing multiple claims for one event, participating in a car accident that was expressly planned for insurance fraud and knowingly preparing a false claim. The rules against filing and preparing fraudulent or multiple claims also apply to medical insurance coverage.

The law also states that it is illegal to withhold information from an insurance company that would affect a person’s eligibility. Making an oral or written statement that is false with the intent that it is to be reviewed by an insurance company is also an offense. It is also illegal for a company or partnership to refer, solicit or accept any business from an entity that the company knows has participated or intends to participate in any of the fraudulent insurance activities previously mentioned.

Bail Amounts

Insurance fraud is a bailable offense and is included in all California county bail schedules. These schedules can be used to secure a person’s release within a few hours of arrest. Some counties have bail amounts that are the same. Santa Barbara and Los Angeles Counties, for instance, both set bail for insurance fraud at twenty-five thousand dollars. If the amount of money stolen is higher than twenty-five thousand dollars, then the bail amount will be equivalent to the amount stolen. Santa Clara County, on the other hand, only sets its bail at ten thousand dollars. Bail across the state of California varies, so a quick call to your closest Bail Hotline office will assure you of the preset bail for your specific charges, as well as a near immediate release at just a fraction of the total bail amount.

Penalties and Consequences

The additional penalties related to insurance fraud can vary as much as the bail amounts between counties. A person who willfully destroys property for insurance gain, for instance, can face up to five years in prison and a fine of fifty thousand dollars. A person with a prior conviction, however, will face far more severe consequences; each prior conviction will bring a sentence enhancement of two years added to a person’s initial sentence.

A person who files or prepares a fraudulent insurance document, or participates in intentionally crashing a car for insurance purposes, also faces a five-year sentence and a fifty thousand dollar fine. Filing a false claim regarding health insurance, however, only brings the possibility of one year in jail.

Making false written or oral statements in an effort to defraud an insurance company is another instance that can bring five years in prison. Many of these crimes also involve other sentence enhancements of more than two years, if prior convictions exist. Even knowingly referring or accepting the business of a person that participates in insurance fraud can bring up to a year in county jail.

Insurance fraud is considered a very serious offense in the State of California. In most instances it is treated as a felony and punishable by excessive fines and at least half a decade in state prison. Even though insurance fraud is not a violent crime, it will land a person in prison with hundreds of violent offenders. Anyone accused of insurance fraud definitely will want an experienced lawyer on their side. 

There are few statutes within the California penal code that cover as wide a range of illegal activities as those of malicious mischief. This crime, sometimes referred to as vandalism, is considered quite serious in the State of California, and the repercussions are always severe.

The State of California sets forth the gamut of rules and sentencing procedures for those convicted of malicious mischief, while each individual county is responsible for enforcing the law and applying bail. The penalties related to vandalism are stiff enough that anyone accused of the crime should seek bail and immediate legal counsel.

What Constitutes Vandalism?

The laws regarding vandalism take up several penal codes, running from 594 through 625. Though the law includes several instances of mischief, the overlying definition of the term is maliciously destroying, damaging or defacing another’s personal or real property. This includes property of individuals, the public and the government. The statutes also make it illegal to provide materials commonly used for vandalism to underage citizens without the proper supervision of their guardians.

The malicious mischief laws also make it a crime to own any method of defacement with the intent of defacing property. These instruments include spray paint, glasscutters, markers and glass drill bits, just to name a few. The law goes on further to mention specific instances that constitute mischief including: spray painting objects, tampering with aircraft, maiming objects of archaeological significance and tampering with lighting systems meant to guide waterway vessels. Obviously meant to be all-pervasive, the list goes on and on.

Bailing Out of Jail

Due to the complex and all-inclusive nature of malicious mischief laws, the bail differences between activities mentioned in the statutes vary widely. Each California County has specific preset bail amounts listed in their bail schedule. Defendants can reach out to an experienced and empathetic bail agent at Bail Hotline to arrange their release within hours of arrest, at a fraction of the face preset bail amount.

The particulars of each mischief case will influence whether or not a crime is a felony or misdemeanor. A misdemeanor vandalism charge in Santa Clara County only has a bail amount of one thousand dollars, while a felony charge of the same crime will demand a bail of $10,000. Santa Barbara and Los Angeles Counties specifically mention vandalizing a church or cemetery, and set those bail amounts at fifty thousand dollars. Other bail amounts relating to mischief run the gamut of everything in between, depending on the circumstance and county in which the crime took place.

Penalties and Consequences

The penalties related to malicious mischief are also wide ranging. Minors who commit small acts of vandalism (such as neighborhood graffiti) can usually face jail time, but they are often released into the custody of their guardians with a fine and community service. This community service often includes cleaning the graffiti they created and keeping a certain area free of graffiti for a specific amount of time.

Other crimes bring more serious penalties. Committing vandalism on a church or cemetery as a hate crime is considered a felony, and is punishable by up to four years in state prison. Even misdemeanors can bring serious consequences, however, and can end with fines over $10,000, depending on the value of property damaged. Most acts of vandalism are considered misdemeanors and are only punishable by up to a year in jail. Mischief that includes damaging transit vehicles with the intent to cause harm, however, will lead to a felony charge and up to four years in prison.

Malicious mischief has become such a huge problem in California that it is mentioned over a span of twenty statutes. If a person is convicted of any of these crimes, the state has the right to take away their freedom for at least a year of their life. This seems excessive to many people, considering the fact the vandalism may have only been markings on a wall. But someone accused of any of these crimes will need a good lawyer to prevent serious fines and jail time, especially if they have a prior conviction. 

There are not many crimes that are considered as vile and detrimental to society as kidnapping. California law is very specific on what constitutes kidnapping and explains numerous types of kidnapping that can bring significantly different penalties. Regardless of the circumstances surrounding a kidnapping, the penalties are always extremely severe.

What Constitutes Kidnapping?

The basic definition of kidnapping in California is using fear in order to take, arrest, steal or detain another person and move them to another part of the county, state, country or even world. The law goes on to explain several forms of kidnapping, that include enticing a child under fourteen to go with the accused, enticing a person to come with the accused with the intent of selling them into human slavery, or kidnapping a person with the intent to demand ransom or commit spousal rape.

Another instance of kidnapping is defined as taking an unwilling person during the commission of carjacking. The law even goes on to state that while it may not be considered kidnapping, demanding ransom while pretending to be a kidnapper is also a crime and is punishable by severe penalties itself.

Bail Amounts

Bail schedules are provided in each county and they list a preset bail amount that for which a person may be released by paying. Contact the Bail Hotline office in your county, where an agent can quickly determine the bail required for your release.  The preset bail amounts are going to be very high for this charge, so the 10% fee for posting your bond will be a welcome relief, while securing your freedom will allow you to begin building a proper defense by the assigned court date.

Los Angeles and Santa Barbara counties set a defendant’s bail at one million dollars if they kidnap a person to commit a felonious sexual offense. Los Angeles County even sets a one million dollar bail amount for kidnapping a person in relation to a carjacking. The bail amounts will vary from county to county, depending on the circumstances of a kidnapping, but the bail amount will always be extremely high for this charge.

Penalties and Consequences

The penalties related to a kidnapping conviction are especially severe. A person convicted of any type of kidnapping faces at least three to eight years in prison. If a child was under fourteen when they were kidnapped, the convicted faces five to eleven years. Anyone who kidnaps a person and then attempts extortion or asks for ransom is treated even more severely and faces a sentence of life in prison. A person who kidnaps another during a carjacking or with the intent to commit rape, sodomy, spousal rape, robbery or several other serious crimes will also face life imprisonment.

Most of these penalties allow for the possibility of parole, except in cases where a person was held in an environment that caused or could have caused great bodily injury or death. Demanding ransom while pretending to be a kidnapper, even with no involvement in the actual kidnapping, will still bring a penalty of two to four years.

Kidnapping is an especially serious offense in California and the United States in general. The crime can sometimes lead to probation, if the judge has a good reason to allow such a light sentence, but this is not a common practice in any sense of the word. Anyone charged with kidnapping will need an experienced lawyer to ensure that they don’t spend much of the rest of their life behind bars.