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May 2021

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Your California Driver’s License Expired! Now What?

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In California, your driver’s license expires every eight years unless you’re 66 or older. If you’ve passed your 66th birthday, your license will expire every 5 years.

The day it is set to expire will always be on your birthday. The California DMV is supposed to send out a reminder, as well as a renewal form about 2-months before your driver’s license is supposed to expire, but you shouldn’t bank on that happening.

Even though the DMV has a good reputation for mailing the reminders, sometimes they get lost or are delayed. Legally, you can’t use not getting a reminder as an excuse for driving with an expired California driver’s license. The best way to make sure your license is always current is by getting into the habit of looking at the expiration date in the weeks leading up to your birthday.

The state currently has a program that allows you to renew every other license by mail or online. This means you only have to go into the DMV office every 16 years for an updated photo provided you haven’t turned 66.

The good news is that if you do miss the exact expiration date on your driver’s license you don’t have to panic. The state has created a 60-day grace period during which you can renew your license. Once that 60 days passes, if you get pulled over, you’ll be in trouble.

Driving with an expired license is one of California’s wobbler offenses. If it’s considered an infraction, you could be issued a fine of up to $250. If the court decides it’s a misdemeanor, you could be charged up to $1,000 and be sentenced to up to 6-months in jail. This is in addition to any fines and points that are added for additional traffic violations that took place when you were pulled over.

Now that you’ve read this article and understand how serious driving on an expired driver’s license is, do you know how long you have before you need to renew yours?

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You’ve Finally Graduated! Don’t Forget to be Smart!

By | Bail Bond in Fresno, Bail Bonds in Bakersfield, Bail Bonds in Los Angeles, Bail Bonds in Tulare, Bail Bonds In Visalia, Carls Bail Bonds, Los Angeles Bail Bonds

It seems like you’ve been waiting your whole life to finish school. Many people consider the summer between high school and the time when they start college (or trade school, or simply start working full time) to be one of the most exciting and fun times of their life. While it’s okay to have fun and celebrate your accomplishments, it’s also important that you remember to play it safe during this time.

One of the biggest mistakes teens make after they graduate from high school is getting drunk, which is bad enough, and then compounding that mistake by getting behind the wheel. Don’t be the person in your group who spends the months following high school graduation dealing with the consequences of a drunk driving charge.

The first thing to remember as you celebrate your freedom from high school is that even though you’re legally an adult, you still aren’t old enough to legally drink. You should avoid alcohol as you celebrate your life. Getting caught with booze at this point in your life will result in you being charged with a “minor in possession.”

If convicted of minor in possession charges, your sentencing could include:

  • Being required to do up to 32 hours of community service
  • Having to pay a $250 fine

If you are convicted of minor in possession charges a second time, the sentencing includes:

  • Up to a $500 fine
  • As much as 48 hours of required community service

In addition to fines and community service, you will also lose your driver’s license for a full year after your MIP conviction. The conviction could also impact your acceptance into college and eligibility for some scholarships.

Underage Drinking

If you get behind the wheel after consuming alcohol as a minor, you are in even more legal trouble. Since you haven’t turned 21, any blood alcohol content that exceeds 0.01% is considered drunk driving. If your blood-alcohol level is 0.01% to 0.04% the officer who pulls you over will confiscate your driver’s license. The only way you can hope to get it back is by scheduling an Administrative Hearing during which you’ll learn how the county intends to handle the situation. You will likely be charged with minor-in-possession and may face additional consequences.

If your blood alcohol level is 0.05%-0.08%, you will be charged with a misdemeanor drunk driving charge. The first conviction results in:

  • A one-year suspension of your driver’s license
  • Mandatory attendance in an alcohol education program that lasts at least 3 months
  • Mandatory attendance in a youth drunk driving program

In many cases, additional charges, such as reckless endangerment, distracted driving, and minor in possession charges are also filed against the young drunk driver.

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Catfishing In California

By | Bail Bond in Fresno, Bail Bonds in Bakersfield, Bail Bonds in Los Angeles, Bail Bonds in Tulare, Bail Bonds In Visalia, Carls Bail Bonds, Los Angeles Bail Bonds

Catfishing isn’t the art of catching the bottom-dwelling fish that taste greatly fried. Catfishing actually refers to the act of using a false social network profile that allows you to pretend to be someone you’re not. This differs from a ghostwriter creating an account for their writing profile because the catfisher’s account exists purely for malicious purposes.

Each catfisher has their own reasons for creating the fake profile, some use the account to extort financial information, some use it for bullying purposes, some like to get compromising photos of their victims. The end result is that the catfisher almost leaves victims in their wake.

Is Catfishing Someone Illegal?

While it seems like catfishing should be considered fraud and illegal, at this point, there are no actual laws pertaining to the actual act of catfishing. But, in many cases, the catfisher uses their fake social media identity for some sort of illegal activity. In many cases, the catfisher knows that they’re engaged in illegal activity but assumes that since they’re using a fake profile, they won’t get caught. Catfishers also hope that their victims will be so embarrassed that they were taken in by the fake profile that they won’t even report the crimes. Another challenge victims who do report the crime face is that the catfisher may live in a different state, making it difficult to pursue legal action.

How To Help Identify A Catfisher

Examples of laws catfishers commonly break include:

A catfisher can destroy your life so it’s important to know the steps you can take to avoid interacting with a catfisher.

If you’re contacted via social media by someone you don’t know, spend some time checking them out before you respond to their friend request or personal message. See if they have anything in common with you such as a mutual friend or shared interest. Explore their own profile and make sure it contains the type of content usually found on a social media account, this includes interactions with other people.

Even if you’re confident this new contact is a legit person, you still need to be very careful about the type of information you provide them. Keep all of your interactions impersonal.

The single best way to avoid falling victim to a catfisher is to pay attention to your instincts. If you get a gut feeling that something isn’t quite right, you should block them from your social media accounts and stop all interactions. In this day and age, it’s better to play it safe than to be sorry.

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Telemarketer Fraud

By | Bail Bond in Fresno, Bail Bonds in Bakersfield, Bail Bonds in Los Angeles, Bail Bonds in Tulare, Bail Bonds In Visalia, Carls Bail Bonds, Los Angeles Bail Bonds

If you hate telemarketers, you’re not alone. Legal Beagle reported that in 2017, Bank my Cell conducted a survey that revealed that out of 1,200 people, 75% of them actively avoided calls that they knew were from telemarketers. 85% of the people who responded to the survey reported that even the thought of dealing with telemarketers triggered anxiety-related issues.

The reason most of us loathe dealing with telemarketers is that the calls are time-consuming and the person on the other end of the line keeps pushing even though we’ve told them no several times. Most of us also hate feeling guilty when we have no option but to hang up on the irritating telemarketer.

It turns out, there’s another reason to avoid telemarketers. That reason is telemarketing fraud.

What Is Telemarketing Fraud

Cornell Law School defines telemarketing fraud as:

    “Phone and telemarketing fraud refers to any type of scheme in which a criminal communicates with the potential victim via the telephone. Because many reputable companies use telemarketing to conduct business, criminals can often effectively use the method as a way to obtain a victim’s credit card information or identity and then use this information to make unauthorized purchases elsewhere. Victims have difficulty distinguishing between reputable telemarketers and scam artists. Frequent victims of telemarketing scams include the poor, the elderly, and immigrants without strong English skills.”

Examples of common telemarketing fraud include:

  • Selling a fake product via the telephone
  • Telling you that for a seemingly nominal amount of money, you’re eligible for a free product/service/trip that the telemarketer has no intention of giving you
  • Fake debt collection calls

Telemarketing fraud is illegal in California. Cases involving telemarketing fraud are covered by California’s general larceny statutes which are defined in California Penal Code Sections 484-490.

In California, if the amount of money/good gained through a telemarketing fraud case is less than $900, it’s considered a petty theft case. Sentencing can include six months in jail and a large fine.

If the telemarketing fraud case involves damages greater than $900, the accused will face felony charges. If convicted, they could be sentenced to a full year in prison, charged up to $10,000 in fines, and ordered to pay restitution to the victims.

One of the biggest challenges connected to telemarketing fraud is that many of the cases happen in different states or even different countries, which makes pursuing legal action difficult.

The best way to avoid becoming a victim of telemarketing fraud is not agreeing to any offers or providing any financial information until you’ve had a chance to thoroughly research the offer/business.

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Documenting a Car Accident

By | Bail Bond in Fresno, Bail Bonds in Bakersfield, Bail Bonds in Los Angeles, Bail Bonds in Tulare, Bail Bonds In Visalia, Carls Bail Bonds, Los Angeles Bail Bonds

If you haven’t been in a car accident yet, you should consider yourself lucky. Considering how much time we spend behind the wheel, the odds are good that sooner or later you’ll be involved in one. Because of the likelihood of getting into a car accident, it’s important to know what the proper protocol is during an accident.

Proper Protocols During An Accident

The first thing you need to do is make sure neither you nor anyone else is hurt. If there are injuries, call for medical help and do as much first aid as possible. During this, you should also contact the police.

Injuries

When there are injuries, dealing with those should always be your first priority. Let the police handle writing up the details of the accident.

No Injuries

If there aren’t any injuries, you should still call the police, but while you’re waiting for them to arrive on the scene, take some time to create your own documentation of the accident. Thanks to the installed camera inside your smartphone this is easier than ever. All you have to do is whip it out and start snapping photos.

Snap Photos

Having clear accident scene photos is extremely important. Unlike a police report that can be dismissed by a judge as hearsay, the photos you snap at the accident can be used during a civil trial. Your insurance company might even use them as they try to determine how the accident happened and who is at fault. The photos also help provide proof of who actually witnessed the accident.

When you’re snapping photos, you’ll want to take pictures of both vehicles, anyone who is standing nearby, and the local landscape. Make sure you include shots of road signs, objects that could have helped cause the accidents, intersections, and traffic lights.

Document What Happened

As soon as you can, sit down and write your own account of what happened in the moments leading up to the car accident. You should do this even if you believe the accident was your fault. Once you’ve completed writing your own report, save it and the photos you snapped somewhere safe. It’s really in your best interest to store copies in multiple places, such as one set in a cloud storage unit, a few more saved to various email locations, and maybe a hard copy in your filing cabinet.

You need to keep the photos and your account of the accident for a full two years. After two years, California’s statute of limitations for car accidents kicks in and you’ll no longer have to worry about a civil lawsuit.

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Leaving Pets in Hot Cars in California

By | Bail Bond in Fresno, Bail Bonds in Bakersfield, Bail Bonds in Los Angeles, Bail Bonds in Tulare, Bail Bonds In Visalia, Carls Bail Bonds, Los Angeles Bail Bonds

Dogs love their owners and want to be with them all the time. In an attempt to keep our dogs happy, many of us take them with us when we run errands. On cold days, this isn’t an issue, but now that we’re on the cusp of summer, it will be a while before Californians experience cool days which means it’s time to rethink taking your dog along on your grocery store runs.

California lawmakers passed laws that make it illegal to leave your pet in your vehicle at any time that there is a chance that they will be hurt before you get back. This includes when the temperatures soar to a point that your vehicle turns into an oven.

This means that even when the outdoor temperature is cool, you can’t leave your dog in the car all day if they don’t have access to fresh food and water. You also can’t leave them in the car if you have items in the vehicle, such a plastic shopping bags or heavy items that could topple.

The heat simply makes things works. The problem in the summertime is that many dog owners think that since they’re only running into the store for a minute or two, their dog will be fine. That’s not the case at all. It doesn’t take long for the car to get extremely hot. As the car heats up, your dog overheats, and heat stroke becomes a real threat. If you don’t return shortly, your dog will overheat to death.

As soon as the temp reaches 70 degrees Fahrenheit, you need to be careful. Studies indicate that on a sunny 70-degree day, the interior of your car can reach 115 degrees in less than 30 minutes. Dogs start to experience heat exhaustion when it gets to 103 degrees.

If it’s warm out and someone spots your dog in the car, they’re legally allowed to break your vehicle’s windows and rescue your pet.

The broken car window will likely be the least of your concerns. If the police get involved, you can be charged with a $100 fine per animal that was in the car. The amount will be higher if it’s not your first offense. If the pet needs medical attention, the maximum sentence increases to a $500 fine and six months in jail. In many cases, you’ll also face animal cruelty charges.

Now that the temperatures are consistently staying above 70 degrees, it is in your best interest to leave your dog home when you’re running errands.

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Are you an Accessory After the Fact in California?

By | Bail Bond Articles, Bail Bond Blog, Bail Bond in Fresno, Bail Bond News, Bail Bonds in Bakersfield, Bail Bonds in Los Angeles, Bail Bonds in Tulare, Bail Bonds In Visalia, Carls Bail Bonds, Los Angeles Bail Bonds

One of the more confusing criminal charges California has is the accessory after the fact. Many people don’t know that it’s possible to get into trouble for a crime that they weren’t involved with until well after the crime happened.

California law stipulates that anyone who basically takes steps to hinder a criminal investigation could be charged with accessory after the fact. This means that if you help or conceal a loved one who has committed a crime, you will likely find yourself in hot legal water.

An accessory after the fact charge isn’t something you should joke about. It’s a felony that comes with a potential sentencing that includes a three-year stay in one of California’s state prisons.

Accessory after the fact charges are touched on in California’s Penal Code 32 (PC). It states that:

    “Every person who, after a felony has been committed, harbors, conceals or aids a principal in such felony, with the intent that said principal may avoid or escape from arrest, trial, conviction or punishment, having knowledge that said the principal has committed such felony or has been charged with such felony or convicted thereof, is an accessory to such felony.”

Accessory After the Fact Crimes

What the laws doesn’t get into is how serious a charge is or how to prepare to defend yourself against the charge.

Examples of things that could result in your being charged with an accessory of the fact include:

  • Giving a person of interest a ride so they can evade law enforcement
  • Providing a person of interest with a place to stay and failing to let the authorities know
  • Giving someone money so they can run from criminal charges
  • Knowing that someone has committed a crime and failing to tell the police

One of the key components to being convicted of accessory after the fact is that you must know that the person your aiding was involved in a crime and/or that the police are actively looking for them. You can’t be charged with anything if you didn’t realize the friend who is sleeping on your couch was wanted in connection with the crime.

On the other hand, if the friend on your couch tells you that they committed a crime and you do nothing, the police and DA could decide to file accessory after the fact charges against you.

The best way to avoid accessory after the fact charges is to be upfront and honest with the police if they knock on your front door and start asking you questions about a recent crime.

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Leaving Kids in Hot Cars in California

By | Bail Bond Articles, Bail Bond in Fresno, Bail Bonds in Bakersfield, Bail Bonds in Los Angeles, Bail Bonds in Tulare, Bail Bonds In Visalia, Carls Bail Bonds, Los Angeles Bail Bonds

Kids and hot cars are never a good combination. Everyone knows that, yet there is still an average of 38 children who die each year after they’re locked into a hot car.

In all fairness, nearly all of these cases are an accident. The child is strapped into their car seat in the back of the vehicle and the driver simply forgets that they’re there until it’s too late. There are even situations when the parent accidentally locked the car keys in the vehicle with the child.

While accidents do happen, children overheating in the car something everyone would like to forget. If you’re traveling with a small child who can’t possibly let themselves out of the car, you need to figure out what steps you can take to make sure they aren’t accidentally forgotten. The hotter it gets, the more you’re going to have to worry.

Kaitlyn’s Law

One of the things that might help you remember that your child is in the backseat of your car is understanding that it’s illegal to leave your child there. California passed Kaitlyn’s Law in 2001. The law was created in memory of Kaitlyn Russel, who was only six months old when she died after her babysitter forgot her in a hot car for over two hours.

Kaitlyn’s Law not only makes it illegal to leave an infant in the car, but it also makes it illegal to leave an infant in the care of anyone who isn’t at least 12 years old if the vehicle is running or there are keys in the ignition and if there are unsafe conditions, such as overheating.

Kaitlyn’s Law makes it illegal to leave your unsupervised infant in the car. So even if there is no danger of them overheating, you still have to bring them into the store or appointment with you.

Leaving a child under the age of six in a vehicle when they have no supervision can result in a $100 fine. It’s not unusual for the judge to waive the fine after you’ve completed a community education program.

In many cases, leaving a young, unsupervised child in the car, especially on a hot day, will result in you being charged with child endangerment. It is one of California’s wobbler offenses. In felony cases, you could face up to six years in prison. In misdemeanor situations, you could be sentenced to a year in county jail. In both situations, the Child Welfare Service will likely become involved and decide if you should retain custody of your child.