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July 2021

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Criminal Trespassing 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

When you read through California Penal Code Section 602 you’ll learn that it’s illegal to come onto someone’s property without the owner’s permission. While this doesn’t mean you’ll face criminal charges each time you have to use someone’s driveway to turn around or when you stop in at a neighbor’s home to inquire about a lost pet, it does give the property owner the right to tell you that you’re not welcome on the property.

The other thing to keep in mind is that if you’re on someone else’s property and they request that you leave, failing to do so right away gives the property owner the right to call the police and file trespassing charges against you.

Refusing to leave a hotel or restaurant is another way trespassing charges can be filed against you.

Don’t assume that just because a person’s property is a business, that you can’t potentially be charged with trespassing. There have been cases of people who have gotten into a dispute with business owners/employees/other customers being arrested for trespassing after they entered the business and did things like harass people or refused to leave.

The majority of the trespassing cases that make their way through the California court system or considered misdemeanors. The maximum sentence for a guilty conviction is six months in a county jail and/or a $1,000 fine.

It’s important to understand that it’s not uncommon for trespassing to be added to a list of additional charges that can include violating a personal protection order, property damage, assault, etc. When a judge looks at the additional charges they could decide to hand out a maximum sentence. If the trespassing charges look relatively minor and nothing indicates that you’re a habitual offender, the sentence could be minimal.

Aggravated Trespassing in California

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Safety Tips for College Students

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’s the time of year when many young adults are preparing for their first semester of college. In most cases, this is the first time they have lived without the supervision and guidance of their parents. One of the things collegebound students should already be reviewing is how they can make sure that they have fun and manage to stay safe during their freshman year.

Always Be Mindful of Your Safety

The great thing about living in a dorm is that the close living quarters means forming a tight bond with many of the people living on your floor. The downside to living in a dorm is that the sense of family and friendship can cause you to become lax when it comes to your safety. The biggest problem many students encounter while living in the dorm is that they become so comfortable that they start neglecting to lock their doors.

From day one, get into the habit of locking your door and double-checking the lock each time you enter and leave your dorm room.

Establish the Buddy System

While staying in your dorm and only going to classes will keep you safe, it’s not much fun. Rather than locking yourself away, get into the habit of creating a buddy program when you go out. Make a deal with a few different friends that no one goes home without the others and to keep an eye on one another the entire time you’re out and having a good time.

Keep Your Phone Charged

Each time you leave your dorm room make sure your phone is fully charged and that it’s easily accessible. It’s your first line of defense if you get into trouble while you’re out.

Pay Attention to Your Surroundings

When you’re out and about, pay attention to your surroundings. Stay in brightly lit areas. Stick to areas that are populated and heavily patrolled by campus security. Keep your eyes on the environment rather than on your phone.

Get Your Own Drinks

It doesn’t matter if you’re at a party, relaxing in your own room, or at a local pizza place, always get your own drinks. You should also never leave your drink unattended. If for some reason you do have to walk away from your drink, discard the unfinished portion and get yourself a new one.

Don’t be Afraid to Contact Campus Security

If your friends leave without you, it’s better to contact campus security and have them give you a ride back to your dorm than to try to walk home alone. Remember, that they’re paid to protect you.

Following these safety tips and using common sense provides you with the tools needed to stay safe while also enjoying your first year of college life.

Establish Patterns for Contacting Loved Ones

While you don’t necessarily want to always use the same route for going to classes and parties, you do want to establish good patterns when it comes to checking in with friends and family. Checking in on a specific day of the week and close to the same time each time is a good warning system if something goes wrong. If you don’t check in, they know that they should contact the authorities and have someone do a physical check on you.

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California Double Jeopardy Laws

By | 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

When you start researching California’s different laws, you’ll realize that many of them are quite similar. As you notice the similarities, you’ll also realize that there are several instances when it appears that a person could conceivably be charged multiple times for the same crime. An example of this would be someone who breaks into a person’s house. They could face charges of trespassing, theft, armed theft, home invasion, etc.

California lawmakers decided they wanted to simplify things, so they passed a code that prohibited prosecutors from charging a person multiple times for the same act.

In California, the idea of multiple charges for the same act is discussed in the Penal Code 654 PC. The code specifically states that:

    “an act that is punishable in different ways by different provisions of law shall be punished under the provision that provides for the longest potential term of imprisonment, but in no case shall the act or omission be punished under more than one provision. An acquittal or conviction and sentence under any one bars a prosecution for the same act under any other.

It’s not always easy figuring out if a person has committed multiple crimes in the same act, forcing the prosecution to commit to a single charge, or if multiple acts were committed, which allows the prosecution to file multiple charges. To make deciding easier, prosecutors use what is called the transaction test.

The Transaction Test is designed to look at two huge components. These components focus on the accused’s objective and intent while committing the crime.

It is important to note that the ban on multiple punishments for the same offense is explained under California’s “double jeopardy” laws. California’s Double Jeopardy Clause is protected through the US Constitution Fifth Amendment and into California Criminal law under California Penal Code 687.

California’s Double Jeopardy clause protects from:

  • multiple punishments for the same offense (as within PC 654)
  • prosecution after acquittal for the same offense
  • no double convictions for the same offense.

It’s important to understand that while you can’t be charged multiple times for the same action, you can be charged for each action. For example, if you trespass on your neighbor’s property and commit an act of petty theft, you’ll only be charged with petty theft for that instance. However, if you are caught in your neighbor’s yard at a different time than when the theft was committed, you’ll likely face trespassing charges.

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California’s Drug Cultivation Laws

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

Drug cultivation in California is addressed in Health and Safety Code 11379.6 HS. The code clearly states that,

    “every person who manufactures, compounds, converts, produces, derives, processes, or prepares, either directly or indirectly by chemical extraction or independently by means of chemical synthesis, any controlled substance specified in Section 11054, 11055, 11056, 11057, or 11058 shall be punished.”

Getting caught manufacturing, growing, or otherwise producing prohibited drugs in the state could result in a sentence that includes 3-7 years in state prison and a fine as large as $50,000.

In many cases, manufacturing a controlled substance represents only one of the things you’ll be charged with. There are usually several charges filed at once. Additional charges generally include:

If the police suspect you of manufacturing or dealing with a controlled substance in California, the last thing you want to do is make the situation worse. It’s in your best interest to cooperate with the police as much as you can, which includes not doing something like trying to resist arrest. The challenge is cooperating with the police but also not saying anything that could potentially incriminate you, which is why you should contact an experienced criminal defense attorney who has a strong background in cases that involve the manufacturing of controlled substances in California.

Drug cultivation laws involving marijuana can still be a bit confusing to some people. Many mistakenly believed that since marijuana is no a legal recreational drug in California, there are no drug cultivation laws involving marijuana in California. That’s not the case. At this point, the average person can only legally care for a maximum of six marijuana plants at a time. Only individuals who are over 21 can use it, and you can only legally carry 28.5 grams. Some cities have ordinances that prohibit cultivating marijuana outdoors, though you’re still legally able to do so in the comfort of your own home.

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When Can Children Be Left Home Alone?

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

Parenting is rarely an easy task at the best of times. When times get tough, like they have recently, parenting can get even tougher. With schools shut down all over the country, many parents have suddenly been reminded of just how tough parenting is. This is only made worse when some parents are still working, meaning their kids have to be left home alone.

Parents of younger kids can be left in a very tough spot. They need to work, but they also need to keep an eye on their children at home. They worry that their children may not be old enough to be left home alone. Then they wonder at what age a child can legally be left home alone in California.

It Depends on the Child

Deciding to leave a child home alone is not an easy decision to make. Most parents spend hours agonizing over that decision the first time. They may search online for answers, but unfortunately, there is no easy answer to this question. The one nice thing is that there is no law here in the state of California that states when a child can be left home alone.

When it comes to leaving a child home alone, things vary from kid to kid. This is one of the main reasons why the state doesn’t set an age limit to when a child can be left home alone. Some kids mature faster than others, and so an 8-year-old may be ready to take care of herself for an hour or two while a 9-year-old may still need constant supervision. The state can’t make exact guidelines for this kind of thing and so refer to the parent’s expertise on their child.

To help parents make a truly informed and well thought out decision, the state does provide parents with a list of questions to ask themselves regarding their child on the California Department of Education’s website. These questions include:

  • Can he creatively solve problems?
  • Do you live in an isolated area without close neighbors?
  • Does he always let you know where he is going and when he will return?
  • Does your child become bored easily?
  • Is a neighbor home to help if needed?
  • Is he easily frightened?
  • Is she responsible?
  • Is your neighborhood safe?
  • Will you or another adult always be available to your child in case of an emergency?
  • Would caring for the younger sibling restrict the older child’s activities?
  • Would she be at home with an older brother or sister? Do siblings get along?
  • Would she spend her time responsibly?
  • Would the older sibling resent caring for the younger one?
  • Would your child rather stay home than go to a child care or after-school program?

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The Top 20 Safest Cities 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

When people are looking to move, they always want to make sure that the place they are moving to is safe. Figuring out if a particular city is safe or not requires a lot of work, more than the average individual can do on their own, and that’s just for one city. If a person wants to compare the safety of multiple cities, they need to look at a professionally done study.

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Getting Pulled Over 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

Before you leave your home, you should make a quick check and confirm that your driver’s license, registration and proof of insurance are all in the vehicle with you. You want to make sure you have this documentation because as soon as you start your commute, there’s a chance you’ll be pulled over. Not having these three items could result in your car getting impounded.

When you see a cop’s flashing lights in your rearview mirror, the first thing you must do is make a quick assessment of your environment and determine if you’re in a safe place to pull over. While you should always slow down and make it obvious that you’re not trying to run from the police, you have the right to continue driving for a short distance until you can pull over in a safe location. This is especially important if you’re on a curve or hill when you see the flashing lights.

When you are ready to pull over, pull as far off to the right side of the road as you possibly can. You don’t want to put your vehicle in a ditch, but you also want it well out of the way of passing traffic.

Put your vehicle in park, turn on your hazard lights, and sit with your hands visible until the officer reaches your vehicle. They will tell you when they want to see your documentation.

Listen to what the officer says. One of the first things they will tell you is why they pulled you over, this is your opportunity to defend yourself. You also have the right to not offer up a defense, which in all honesty, is smarter. Trying to defend your actions to the officer could become a problem if you decide to fight the traffic ticket. If you don’t want to defend your actions, simply tell the officer that you wish to exercise your right to remain silent. It’s important to note that exercising your right to remain silent.

If the officer asks if they can search your vehicle, you are allowed to tell them no. They’re still allowed to search it, but your lack of consent should be noted.

If you’re issued a ticket, pay attention to any information the officer includes when they hand you the citation. They should tell you when it needs to be paid and where you should send the check.

Whether you plan on simply paying the ticket or you intend to fight the citation, don’t delay. Deal with the citation right away. The only thing delaying it does is lead to additional fines being added to the ticket and even the possible suspension of your driver’s license.

The most important thing to do when you’re pulled over in California is to stay calm, cool, and collected. You should also pay careful attention to everything the police officer says.

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Resisting Arrest 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

Resisting arrest is one of those strange charges that people often think is unfair, in large part because it’s a discretionary charge that can make the police appear inconsistent.

What is Resisting Arrest?

If you think that bolting and running when the police pull out the handcuffs and start reciting the Miranda Rights is an example of resisting arrest, you’re absolutely right. What you might not know is that there are other, far more subtle, things you can do that could result in you being charged with resisting arrest.

Different things the police can consider to be grounds for a resisting arrest charge include:

  • Refusing to put your hands behind your back when they’re ready to cuff you

Providing false information that’s designed to conceal your identity when you’re questioned by the police:

  • Going limp when the police officers ask you to get into the car
  • Pretending you don’t hear a request made by a police officer
  • Getting into a verbal or physical argument with the officer when they’re preparing to arrest you
  • Shutting the door in a police officer’s face when they’re attempting to arrest/question you

Basically, if a police officer feels that you’ve done something that makes their job more difficult, they can decide to charge you with resisting arrest.

Can You Still be Charged with Resisting Arrest After the Original Charges are Dropped?

One of the strange things about resisting arrest charges is that they don’t depend on additional charges. A resisting arrest charge is completely separate from whatever the original charge/crime that originally directed the police’s attention to you. This means that even if all of the other charges are dropped, you can still be charged with resisting arrest.

How Serious is a Resisting Arrest Charge?

The California legal system considers resisting arrest to be a misdemeanor. If you’re convicted, the maximum sentence you can receive is a year in jail and a fine of $1,000. It’s not unusual for judges to simply sentence you to summary probation following a resisting arrest conviction.

Individuals who have a history of resisting arrest are far more likely to receive the maximum sentence than individuals who have never before been charged with resisting arrest.

Can you Fight a Resisting Arrest Charge in California?

A resisting arrest charge isn’t something you simply have to accept. You can fight the charge.

The first step in fighting a resisting arrest charge in California is acquiring the services of a good criminal defense lawyer. Your lawyer will look at your case and determine what the best possible defense is.

Commonly used defenses include:

  • The police used excessive force during the arrest and what they interpreted as resisting was really self-defense on your part
  • That no one was harmed as a result of your actions,
  • That the original reason for the arrest was unlawful or unsubstantiated

When all is said and done, the only thing resisting arrest does is make your current legal situation even more complicated, so it really is in your best interest to stay calm, cool, and collected and simply follow the police officer’s instructions when they’re questioning and about to arrest you.

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Drinking on California’s Beaches

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

Summer is finally here. For many of us, that means long, lazy weekends and evenings at our favorite beaches. We can’t get enough sun, sand, and surf. The big question is, can you bring a cooler full of beer to your favorite California beach?

The answer varies depending on which beach you’re going to.

If you’re in San Diego, the answer is no. The beaches have a strict, no-alcohol policy. Many state park beaches also prohibit alcohol, though some will allow you to pop a top. The California state beaches where you can drink are:

  • Carmel Beach, Monterey County
  • Descanso Beach Club
  • Doheny State Beach, Orange County
  • Point Reyes National Seashore, Marin County
  • Paradise Cove, Malibu, Los Angeles County

If you are going to one of those beaches and plan on bringing your favorite alcoholic beverages along, double-check the beach rules. Some have specific times when alcohol is prohibited.

Even on beaches where alcohol is allowed, you need to use extreme caution and make sure you don’t overindulge. If you get drunk and the police come by, you could be charged with public intoxication or even disturbing the peace.

You also need to be mindful of how much you drink before you go swimming, diving, or surfing. Getting into the water after you have been drinking slows your reflexes and dulls your judgment, increasing the likelihood of you getting hurt and drowning. The unspoken rule of thumb is that if you plan to go into the water at all, you should do so before you start drinking.

You should also expect the police to be patrolling the roads that lead to and from the beach, so you’ll want to make sure you’re sober before you slide behind the wheel. Before heading home, make sure that any remaining alcohol is properly stored in your cooler so that you don’t get caught with an open container in the car.

The other thing to keep in mind when you head to the beach is that littering is a crime. In addition to picking up all of your trash, make sure you collect your bottle tops, empty cans, and other alcohol-related paraphernalia before you leave.

Have fun and stay safe!

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The Dangers of Distracted Driving in California

By | 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

Everyone always talks about how horrible drunk driving is but far less is mentioned about the dangers and repercussions of distracted driving, which is as dangerous and even more common than drunk driving.

Distracted driving in California isn’t a new thing. For as long as people have been getting behind the wheel of automobiles, there have been distracted drivers.

Examples of distracted driving include:

  • Daydreaming
  • Arguing with passengers
  • Rubbernecking
  • Trying to pick up a candy bar you’ve dropped
  • Changing radio stations
  • Using your cell phone

Distracted driving can result in a number of things going wrong. A single second of distracted driving can result in:

Over the past twenty years or so, distracted driving has become a much bigger problem. Data collected by the National Highway Traffic Safety Association indicates that distracted driving results in approximately 1,000 injuries every single day and approximately 9 deaths a day. Many of these distracted driving accidents involved a cell phone.

In California, when someone is pulled over for distracted driving and issued a citation, the ticket usually doesn’t say distracted driving, even though that’s usually the cause of the incident. The ticket usually states the effect. For example, if you were playing with your dog who was in the shotgun seat and run a red light, the ticket will likely state reckless driving or failure to yield rather than distracted driving.

If your distracted driving results in an injury or death to another person, the citation may be the least of your worries. When someone is hurt or killed as a result of a distracted driving episode, you could find yourself acting as the defendant in a civil case.

In an effort to lower the number of distracted driving incidents in California, the state has introduced the Just Drive campaign. The idea of the Just Drive campaign is to educate/remind drivers about the dangers of using a cell phone while you’re behind the wheel. Everybody involved in the campaign hopes that the program will remind drivers about how deadly answering a single text or taking a long call can be.

California’s “Just Drive” campaign is quite similar to earlier efforts to reduce the number of drivers who use their cell phones while behind the wheel, but this campaign is geared specifically towards younger drivers who are between the ages of 16 and 24.

In California, you’re not allowed to have your cell phone in your hand while you’re driving. While everyone would prefer it if you simply didn’t use your cell phone at all during your commute, you are allowed to use it provided it’s set to hands-free mode, mounted on your dash or windshield, and can be turned on and off by a single finger touch.

The best way to avoid being the cause of a distracted driving incident is to keep your eyes and mind on the road.