Author: Bail Hotline Staff

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.

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. 

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.