Informing our community on; Penal, Health and Safety, and Vehicle Code laws.
When you or a loved one is arrested, the bail process can seem daunting and you may not know where to turn for help. Learning about bail bonds in San Bernardino can provide you with the assistance you need during this difficult time.
Continue reading
Are you wondering what happens if you miss a court date? The courts call that “failure to appear” or FTA. Missing a court date often results in penalties, which can lead to long-term consequences.
Continue readingAlmost everyone in California should know that possessing drugs is a serious offense that can result in severe consequences.
What many people may not know, however, is that prosecution doesn’t begin and end with consumption. Simply possessing the items used in the consumption of certain drugs can be a criminal offense. This crime is known as possession of drug paraphernalia. If convicted, drug paraphernalia charges mean an individual may end up with a punishment that many view as excessive.
Continue readingLaw enforcement reality television shows have some of the highest ratings of all the choices available. Some of the most popular, though, are the shows that portray suspects fleeing in vehicles to elude the police. This may seem like good entertainment, but the ‘reality’ is that these individuals are committing a very serious crime. California has a relatively large problem with people running from the police, so the state treats this crime rather harshly – a good reason to know what the charge really entails and why understanding the bail process can be crucial.
It’s unlikely that any adult over the legal drinking age doesn’t know that driving under the influence is both dangerous and illegal, yet there are still around 1.4 million arrests yearly related to the crime. California treats the crime relatively harsh when compared with most other states, and a conviction can actually land a person in jail for years under the worst of circumstances. This is why it’s imperative for anyone charged with DUI in California to understand what they’re up against.
Most people don’t look at traffic violations as seriously as they do most other criminal acts. In reality, it’s because traffic violations don’t often involve any illegal act against another person or their property. It is important to note, however, that in California, some violations of the vehicle code can be treated just as seriously as other seemingly more egregious violations. Driving with a suspended or revoked license is definitely fits the bill.
There are certain crimes for which an individual can claim ignorance; a person who buys a stereo that turns out to be stolen, for instance, may have had no intention of committing the crime of receiving stolen property. When it comes to driving under the influence, however, a person would be hard-pressed to convince a jury that they didn’t know what they were doing. Unfortunately for many individuals, it’s not even necessary to fail a breathalyzer to be convicted.
If you’ve recently received a DUI charge in California, it’s important to understand the California Vehicle Code, specifically VC23152(a), and how these charges may affect your ability to post bail.
Being involved in an auto accident isn’t something that people plan on when they start their day. Unfortunately, since statistics show that the average driver will file an auto accident claim once every 17.9 years, it’s obvious that most of us will be involved in one at some point in our lives. Most accidents don’t often involve serious criminal charges, but in California, if a person decides to flee the scene of an accident, they can face very detrimental consequences.
Everyone likely remembers driving around town in their very first car, cruising around, showing it off, and feeling the freedom. Joyriding used to mean just driving to drive, with no destination in mind, windows rolled down, checking out the local girls or guys. When it comes to California law, however, joyriding means something else altogether and it can end with serious criminal charges and penalties.
Bail forfeiture occurs when a defendant misses their court date, leading to financial and legal consequences for both the individual and the bail bond agency.
Continue readingCalifornia is undoubtedly one of the most liberal states in America when it comes to the use of marijuana. Though certain possession charges only amount to an infraction under state law, California still considers it a serious offense to cultivate marijuana. Unless a person has a legal right to do so—such as is the case with medical marijuana users—the penalties for illegally cultivating the drug can be quite serious.
Defining Cultivation
California law is pretty specific when it comes to the cultivation of marijuana: it is a felony to grow marijuana. For this crime to be proven, an individual must have planted, cultivated, dried and processed marijuana. The penalties can vary significantly when a person is charged with this crime, depending on their intended use.
An individual who is simply growing marijuana for personal use is often eligible for a diversion program. An alternative to pleading guilty, a formal diversion creates an arrangement which would include programs based upon drug treatment rather than punishments; such as Prop 36 and drug courts. Dismissing of the charges might result from the agreement by the judge and prosecutor, or in some cases from the completion of certain programs.
For those who might regularly partake in this drug, one plant is often not enough to support that habit ; luring people to have several plants for just their private use. Unfortunately, police and prosecutors will often take the existence of numerous plants as evidence that a person intended to sell the drug, and this can lead to much more severe consequences.
Corresponding Bail Amounts
The potential penalties from cultivating marijuana are set forth by the state, but California does allow its counties to set their own bail amounts; this creates quite a variance from one part of the state to another. In Orange County, for instance, an individual may face a $20,000 bail amount if arrested for growing less than 25 lbs. of marijuana. However, this amount jumps to $50,000, if anything over twenty-five pounds are harvested.
In Los Angeles County, a person also faces $50,000 if cultivating over 25 lbs. If this amount is under one pound, however, bail is set at only $10,000. In Sacramento County, though, a person’s bail will be $10,000 for harvesting up to two pounds. All of those far surpass Santa Cruz County, however, which only sets bail at $2,500. Bail Hotline provides payment plans for posting your bond, at a mere fraction of the actual bail face amount.
Penalties for Cultivating Marijuana
The penalties for cultivating marijuana are amongst the most straight forward for any crime in California. Anyone convicted of this act can face up to three years in a California state penitentiary. As mentioned, a judge may consider a diversion program, but this is only in very specific circumstances.
It’s also important to point out that a judge may grant an individual probation, but this may still have its own dire consequences. If probation is granted, a person will likely remain on it for three years and may still have to serve an entire year in a California jail. This will also likely include hefty fines paid to the court and a probation officer, and could impact your current or future employment.
It’s true that California is one of the most accepting states in the Union when it comes to marijuana. This doesn’t mean, however, that an individual can do whatever they want with the drug. Cultivating the marijuana plant is a serious felony, and since there’s no definitive amount which constitutes “personal use,” an individual can face detrimental consequences even if they were actually growing it just for themselves.
The War on Drugs has long villainized the use of any substance that is considered illegal. While legal statutes are slowly evolving which decriminalize certain uses of marijuana, it’s important to note that federally, and even in California, it is usually illegal to use the substance. In fact, it’s illegal to even possess this drug without a legal right to do so; such as for prescribed medicinal purposes, in all of California. This is why it is important to clearly understand what is meant by the crime of personal possession of marijuana.
Who can be Charged with Personal Possession?
A personal possession of marijuana charge is one of the most straightforward charges that the state can bring against a person. The state simply has to prove that a person knowingly had possession of marijuana and that they knew that it was a drug. On top of these requirements, the state must also show that the amount of the drug possessed was sufficient to actually be used as a drug.
Luckily for many individuals, a small amount of residual marijuana isn’t likely enough to meet the aforementioned element of evidence. Residual amounts of marijuana only prove that a person used the drug previously; there must be enough of the drug left for it to still be used in the manner it was intended for a conviction to be attained.
Bail Amounts after Arrest
California sets forth the punishments related to personal possession of marijuana, but each individual county is able to set forth its own bail amounts which are defined within their bail bond schedules. These schedules have bail amounts listed for just about anything that a person could be charged with. Since each locality determines their own schedule, California’s county bail amounts vary widely.
In Sacramento County, the bail amount for personal possession of marijuana is set at a hefty $3,000. In Santa Cruz County, on the other hand, this amount drops to $1,000. An individual who manages to get arrested for possession in Los Angeles County, however, will only face a $500 bail amount; and this amount drops to only $35 if the amount possessed is less than 28.5 grams.
Penalties for Conviction
Due to a California law passed in early 2011, having less than one ounce of marijuana is considered an infraction and only punishable by a fine of $100. A person may face higher fines, however, and even jail time if they have possession of concentrated cannabis or they have these substances on school property during school hours.
Those convicted of having over an ounce of marijuana that is not concentrated cannabis will face up to six months in jail and a fine of up to $500. For those with concentrated cannabis, however, these penalties can become much more serious. A conviction of personally possessing concentrated cannabis can land a person in jail for up to a year if charged as a misdemeanor, and this term can jump up to three years if charged as a felony.
Personal possession of marijuana can lead to serious consequences for those convicted of the crime. This conviction can lead to long term repercussions from having a criminal conviction on one’s record, but it’s even possible for an individual to face serious prison time after their first conviction. This is why it is so essential for anyone charged with the crime to understand their rights and potential defenses.
