Yearly Archives

2022

ignoring-and-disobeying-california-traffic-signals

Ignoring and Disobeying California Traffic Signals

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

Believe it or not, the State of California didn’t put up traffic signs, signals, and lights simply to make your commute more difficult. Despite what it may feel like some days, the traffic signals weren’t created as some sort of vendetta against you. The truth is that they exist because the state’s traffic experts noticed that when an intersection didn’t have a traffic signal, there were many nasty accidents. The real reason the traffic signals were erected was to make the roads safer for everyone.

When the state agreed to provide you with a driver’s license, you entered into a metaphorical contract with them. Even though you didn’t receive a copy of this contract, rest assured that one of the line items on it was an agreement to obey all traffic signals, no matter what.

While the DMV didn’t provide you with an actual contract that outlined the various rules about traffic signals in the state, you can find the information by reading the California Vehicle Code 21461a VC. It clearly states that:

“(a) It is unlawful for a driver of a vehicle to fail to obey a sign or signal defined as regulatory in the federal Manual on Uniform Traffic Control Devices, or a Department of Transportation approved supplement to that manual of a regulatory nature erected or maintained to enhance traffic safety and operations or to indicate and carry out the provisions of this code or a local traffic ordinance or resolution adopted pursuant to a local traffic ordinance, or to fail to obey a device erected or maintained by the lawful authority of a public body or official.

(b) Subdivision (a) does not apply to acts constituting violations under Chapter 9 (commencing with Section 22500) of this division or to acts constituting violations of a local traffic ordinance adopted pursuant to Chapter 9 (commencing with Section 22500).”

It’s worth noting that the vehicle code is legally binding both for permanent traffic signals and for signals that have been temporarily erected to accommodate things like road construction.

The good news is that if you do fail to obey a California traffic signal, you won’t be hauled to jail where you’ll learn that you’re facing criminal charges, at least you won’t be provided there’s not a bench warrant for your arrest or that you’re not driving on a suspended license.

In California, failing to obey a traffic signal will net you an infraction ticket which comes with a fine. The exact amount the fine you’ll owe depends on what type of traffic signal you ignored and if disobeying the traffic signal was the only driving law you broke. You should expect that the infraction will cost at least a few hundred dollars and that it will add points to your driving record. While it’s likely that you’ll be more upset about the fine, you can’t afford to ignore the points. If you accumulate more than twelve points in 12 months, the state could suspend your driving privileges.

mislabeling-food-in-california

Mislabeling Food in California

By | Bail Bond in Fresno, Bail Bonds in Kings County, Bail Bonds In Visalia, Carls Bail Bonds, Los Angeles Bail Bonds

Mislabeling food in California is a law that usually only impacts people who own or operate things like coffee shops, delis, grocery stores, and restaurants. It doesn’t matter how badly the food was mislabeled, if evidence of mislabeling exists, the people involved will be arrested and charged with mislabeling of food. If convicted, they’ll not only have a permanent criminal record, it’s unlikely that they’ll ever be able to find employment in the food industry ever again.

The issue of mislabeling food in California is dealt with in Health & Safety Code 114087 HS.

The law states:

“(a) Food offered for human consumption shall be honestly presented in a way that does not mislead or misinform the consumer.

(b) Food or color additives, colored overwraps, lights or other misleading artificial means shall not be used to misrepresent the true appearance, color, or quality of food.”

There are several different reasons ways that a business can get into trouble for mislabeling food.

These include:

  • A retailer taking food that has either passed its expiration date or is actually meant for pets and passing it off as food that is fit for human consumption
  • Labeling food in such a way that it results in the consumer not having the proper information about things like quality, calories, or even accurate ingredients.

It’s worth noting that while most people assume a person who is charged with mislabeling food in California acts intentionally, that’s not always the case. Even if the food was accidentally mislabeled, the person involved could be charged on grounds of criminal negligence.

Violating Health and Safety Code 114395 HS is a misdemeanor. If convicted, the defendant faces a maximum sentence of six months in jail and/or a fine that ranges from $25 to $1000. It is also likely that the health department will take a long look at the business and potentially close it down forever.

If someone becomes seriously ill or even dies as a result of the mislabeled food, the defendant will likely face additional criminal and civil charges.

illegally-carrying-a-loaded-firearm-in-california

Illegally Carrying a Loaded Firearm in California

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

Just because you’re legally allowed to own a firearm in California, it doesn’t mean you have an instant right to do whatever you want with it. For example, while you’re allowed to own a firearm and even carry it with you if that same firearm is loaded, you could find yourself in serious legal trouble.

The topic of carrying a loaded firearm in California is covered in Penal Code 25850 PC. When you read through the law, you’ll find that even though you have an ownership license for the firearm, if that firearm is loaded, you’re not allowed to have it:

  • While on a public street
  • While in a public place
  • While cruising the streets in your car

When you read through Penal Code 25850, you’ll discover that this is a very complex law. It states that:

    “(a) A person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.

    (b) In order to determine whether or not a firearm is loaded for the purpose of enforcing this section, peace officers are authorized to examine any firearm carried by anyone on the person or in a vehicle while in any public place or on any public street in an incorporated city or prohibited area of an unincorporated territory. Refusal to allow a peace officer to inspect a firearm pursuant to this section constitutes probable cause for arrest for violation of this section.”

The other thing that is very confusing is how this impacts the right to carry a concealed weapon in California. What many don’t realize is that you’re not allowed to carry a concealed weapon in California. Getting caught with a loaded concealed weapon can result in yet more criminal charges.

The thing you have to understand is that while California lawmakers are willing to allow you to have a gun that you can use to defend yourself and your property from criminal elements, they want you to leave that firearm at home. If you feel that you must have the firearm with you, you must:

  • Make sure the firearm isn’t loaded
  • Must make sure it’s securely locked away, preferably in a locked case, though locked in your trunk will also suffice.

It’s straight-up illegal to carry a concealed firearm in California, just like it’s illegal to have a loaded firearm on you while you’re out and about.

Getting caught with a loaded firearm in California is illegal, but it’s also one of the state’s wobbler offenses. Factors that determine whether you’re charged with a misdemeanor include:

If you’re convicted of the misdemeanor of having a loaded weapon in a public space, you could be sentenced to a year in county jail and/or required to pay a $1,000 fine. Certain prior convictions on your record could mean a mandatory three months in county jail.

If you’re convicted of a felony of having a loaded weapon in California, the maximum sentence is up to three years of incarceration and/or a $1,000 fine.

penalties-for-illegal-street-racing-in-california

Penalties for Illegal Street Racing in California

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

Yes, the Fast and the Furious movie franchise made street racing look like a great way of generating some excitement on a Friday night, but before you gather a group of your friend together to see who can drive the fastest, you should know that street racing, drag racing, and other vehicular speed contests aren’t legal on California’s public roads. They violate not one, but two of California’s laws: Vehicle Code 23103 VC (reckless driving) and Vehicle Code 23109 VC (speed contests).

You must understand violating either of these California laws by speed racing on one of California’s public roads won’t result in a simple ticket. In most cases, you’ll find yourself facing misdemeanor charges. If you’re convicted, you’ll go through life with a criminal record and have to pay some extremely hefty fines. You may even spend some time inside a county jail cell.

In order to secure a guilty conviction in a California street racing case, the prosecution must be able to prove that in addition to actually driving the car, you were also aware that you were street racing. You can’t be convicted of street racing if you simply happened to be in the wrong place at the wrong time and got swept up in a street racing sting.

You can be charged with street racing if you and another driver challenge one another to a race while sitting at a stoplight. In California, it only takes two people to create an illegal street racing situation.

The first time you’re convicted of participating in a speed contest in California, your sentence can include:

  • A fine of up to $1,000
  • Spending as much as 90 days in jail

If you’re convicted of speed racing a second time, you will lose your driving privileges. The second (and following times) you’re convicted of speed racing in California, you’re sentencing could include:

  • Mandatory six months of revoked driving privileges
  • A fine that could be as much as $1,000
  • A potential six months in jail

While you’re not legally allowed to engage in any type of speed contest while operating a vehicle on one of California’s public roads, you’re free to do what you like while on private property, including private roads. While the police won’t stop you from street racing on a private road, you still want to be careful. If someone is hurt because of your actions while you’re behind the wheel, it’s possible you’ll be named in a civil case.

Carl's Bail Bonds in Tulare County

California Bail Bonds Improves Your Defense

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

Most people don’t think about how difficult it is to prepare a solid defense while you’re sitting in a jail cell. There’s very little privacy. You have to hope that your lawyer is willing and able to arrange their schedule so that they can routinely meet with you. Most importantly, you can’t gain access to any important documents or pieces of evidence that could be used to help you make your case and have to rely on others to find them and give them to your lawyer.

Any way you look at it, being released on a bail bond that you’ve gotten from Carl’s Bail Bonds in Tulare County makes preparing a solid defense for your case considerably easier. Not only can you go to your lawyer’s office and actually provide them with everything they need, but you’re also able to continue working which may make it possible for you to hire a slightly better lawyer to handle your case rather than having to rely on a court-appointed defense attorney.

The ability to prepare a solid defense for your case is just one of the reasons you should consider getting a bail bond rather than sitting in a jail cell. Being out of jail allows you to work, to spend time with your family, and to enjoy what you have while you wait for the courts to deal with your case. You’ll find that being out on a bail bond is considerably more relaxing than sitting in a cell.

Getting a California bail bond from Carl’s Bail Bonds in Tulare County is more affordable than you might think. The process starts with a phone or online chat with one of our highly experienced bail bond experts. This consultation is completely free of both cost and pressure. If you think we’re a good match, we’ll have you fill out a bail bond contract and pay a fee. The fee is 10% of the bail the judge set for you. In some cases, we require a co-signer or collateral, but those are determined on a case-by-case basis. Once we have everything we need, we sign the bail bond and take it to the jail. The entire process usually takes very little time. Unless there is a hold-up getting a co-signer/collateral or the jail is moving slow, you should be out of jail within a few hours of contacting us.

Need more information on how to post bail quickly. Call (866) 855-3186 or click here to chat with us now.

quick-bail-bond-approval-in-california

Quick Bail Bond Approval in California

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

Here at Carl’s Bail Bonds in Tulare County, it’s our belief that no one should have to sit in a jail cell for a moment longer than necessary. We understand that each minute you’re in a cell, the bleaker your situation feels. We want you to be as comfortable as possible as soon as possible which is why offer quick bail bond approval in California.

The first step in getting quick bail bond approval in California is through a free consultation. This consultation can take place over the phone lines or via live chat. The person you speak to will always have a great deal of experience and know the answers to all of your questions. They are also the person who will start the quick bail bond approval process.

The purpose of our bail bonds consultation is two-fold. We want you to use the consultation to really educate yourself on the bail bonds process and Carl’s Bail Bonds in Tulare County and make sure that you’re really comfortable with what you’re about to get into.

The second reason for the consultation is to provide us with an opportunity to get to know you and decide how to best offer you quick approval for a bail bond.

If you decide that you’re happy with our terms and business policy, we immediately start the process of approving you for a bail bond. All you have to do is sign the contract and pay the 10% fee. If it’s determined that you need a co-signer, collateral, or a payment plan, the process takes a little longer, but as soon as you have whatever it is we need, we’re ready to sign the bail bond. Depending on what we need from you, the entire process can be done in less than an hour.

Once everything is signed and arranged, we head directly to the jail with the signed bail bond and bail you out. Most of the time, this process hardly takes any time at all, but sometimes there is a delay on the jail’s end that will slow things down a bit. There’s nothing we can do about that.

Our quick bail bond approval is just one of the reasons you should turn to Carl’s Bail Bonds in Tulare County when you or a loved one need to be bailed out. Additional reasons you should contact us include:

We’re your best source for quick bail bond approval in California.

Need more information on how to post bail quickly. Call (866) 855-3186 or click here to chat with us now.

what-is-considered-great-bodily-harm-in-california

What is Considered Great Bodily Harm in California?

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

One of the charges that is quite serious but is seldom mentioned is great bodily harm. This is a charge that will usually be paired with an assault charge.

Great bodily harm in California is a sentence enhancement charge. It is attached to other charges to give the judge the option of extending the maximum sentence of the other charges. The way this works is that the judge sets a maximum sentence for the first conviction and then adds additional time for the great bodily harm charge. These two sentences cannot be carried out consecutively. The time the defendant must serve for the great bodily harm charge will not start until the sentence for the other charge has been completed.

Great bodily harm in California is outlined in California Penal Code 12022.7 PC.

For a great bodily harm charge to be added as a sentence enhancement, the victim must have sustained substantial injuries. These must be far more serious than a few scrapes and bruises. The types of injuries that can lead to a great bodily harm charge include:

  • Broken bones
  • Gunshot wounds
  • Severe burns
  • Internal injuries

The bulk of the cases that are enhanced by a great bodily harm charge in California involve assault and domestic abuse, however, it’s not uncommon to see it linked to other charges which can include:

It isn’t easy to figure out exactly how much time a great bodily harm conviction will add to a sentence. The general rule of thumb is that the judge can use great bodily harm to attach an additional 3-6 years to a prison sentence. However, if the victim was over 70 years old, a five-year sentence enhancement can be added. If the victim suffered paralysis or a life-altering brain injury, the judge can add five years to the sentence. If multiple people suffered injuries even more time could be added to the original sentence.

contributing-to-the-delinquency-of-a-minor-in-california

Contributing to the Delinquency of a Minor in California

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

Many people have heard the term, contributing to the delinquency of a minor, but they don’t really know what it means. Nor do they fully understand how it can be against the law in California.

Contributing to the delinquency of a minor in California is a violation of Penal Code 272 PC. It states:

“Every person who commits any act or omits the performance of any duty, which act or omission causes or tends to cause or encourage any person under the age of 18 years to come within the provisions of Section 300, 601, or 602 of the Welfare and Institutions Code or which act or omission contributes thereto, or any person who, by any act or omission, or by threats, commands, or persuasion, induces or endeavors to induce any person under the age of 18 years or any ward or dependent child of the juvenile court to fail or refuse to conform to a lawful order of the juvenile court, or to do or to perform any act or to follow any course of conduct or to so live as would cause or manifestly tend to cause that person to become or to remain a person within the provisions of Section 300, 601, or 602 of the Welfare and Institutions Code, is guilty of a misdemeanor.”

It also says:

“An adult stranger who is 21 years of age or older, who knowingly contacts or communicates with a minor who is under 14 years of age, who knew or reasonably should have known that the minor is under 14 years of age, for the purpose of persuading and luring, or transporting, or attempting to persuade and lure, or transport, that minor away from the minor’s home or from any location known by the minor’s parent, legal guardian, or custodian, to be a place where the minor is located, for any purpose, without the express consent of the minor’s parent or legal guardian, and with the intent to avoid the consent of the minor’s parent or legal guardian, is guilty of an infraction or a misdemeanor, subject to subdivision (d) of Section 17.”

Most of us know that kids, particularly teenagers will generally do what they want, including engaging in what society considers risky behavior. Even California lawmakers understand that. When they created Penal Code 272 PC, California lawmakers didn’t think they could instantly encourage teenagers to make smart choices. The purpose of the law is to discourage adults from turning the blind eye to irresponsible behavior and to take the steps to stop it.

Examples of behavior that could result in delinquency of a minor charge include:

  • Allowing a young teen to share a bedroom with a much older partner
  • Providing a minor with alcohol or tobacco
  • Allowing a minor to routinely skip school
  • Allowing a minor to drive a vehicle even though they are years away from obtaining a license
  • Delinquency of a minor charges aren’t limited to just parents. Anyone who is considered a responsible adult who allows a minor to engage in risky behavior could have charges filed against them. That includes teachers, distant relatives, parents of friends, and babysitters.

    If you’re convicted of contributing to the delinquency of a minor in California, you’ll be guilty of a misdemeanor. This means you won’t spend any time in a state prison or lose your ability to own firearms. The maximum sentence for contributing to the delinquency of a minor is a year in county jail and/or a $2,500 fine. In some cases, the judge will order misdemeanor probation rather than actual jail time.

    what-happens-if-you-hurt-someone-in-a-drunk-driving-accident

    What Happens if You Hurt Someone in a Drunk Driving Accident?

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

    Driving while drunk isn’t just frowned upon in California, it’s illegal. While you’re allowed to go out and have a good time, if that good time involves drinking alcohol, you need to pay careful attention to how much you consume. As soon as your blood alcohol level reaches 0.08%, you’re no longer legally allowed to drive.

    What Happens if You Get Caught Drunk Driving in California?

    Don’t assume that just because you’ve never had a drunk driving offense you have nothing to worry about the first time you’re charged with drunk driving in California. Even though it’s your first offense, it’s still going to have a massive impact on your immediate future.

    First the fines. California law is written in such a way that in addition to being required to pay anywhere from $390-$1,000 in fines, you can also pay something that’s called penalty assessments.

    Once you’re convicted of first-time drunk driving the judge has the option of sentencing you to jail time. This is in addition to the fines. While there’s no mandatory jail time for a first-time drunk driving conviction, the judge could decide that you need to spend 48 hours to 6 months in jail.

    Plan on losing your driving privileges. As soon as you’ve been officially convicted of your first DUI, your license will be suspended for six months. If you refused to submit to a bloc alcohol concentration test, an administrative license suspension could also be enforced which would mean losing your license for a full year.

    What Happens if Someone is Injured Because you Were Driving Drunk in California

    There’s no way of getting around the fact that if you injure someone while you’re driving drunk, you’ll face far more serious consequences for your actions than if you’re simply pulled over. How severe those additional consequences depends on several different factors including:

    • If you have a previous history of DUI
    • How severely injured the victim is
    • Additional circumstances surrounding the incident

    In California, DUIs that involve injuries are treated as wobblers, meaning they can be handled as either a misdemeanor or a felony. If the circumstances surrounding the incident indicate that your case is a felony, you could be sentenced to up to four years in prison and be required to pay a maximum fine of $5,000.

    In addition to facing criminal charges, you’ll also likely be named the defendant in a civil case. During the civil case, your victim will seek financial compensation for both their medical expenses and their emotional/physical pain and suffering.

    Considering the negative impact a DUI has on your life, it’s in your best interest to always have a designated driver whenever you go out and drink.

    riding-your-bike-while-under-the-influence-of-drugs-or-alcohol-in-california

    Riding Your Bike While Under the Influence of Drugs or Alcohol in California

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

    The rising fuel costs are causing many of us to take a second look at our bikes. Now they not only seem like a pleasant way to stay in shape but also a viable way to ease transportation costs. Not only can you use your bike to get from your home to your workplace, but you can also use it to go out at night. Not paying for gas means you’ll have more money in your pocket for drinks, and since you’re cycling rather than driving you don’t have to worry about watching how much you drink.

    It turns out, you do. California law prohibits you from driving and cycling while under the influence of drugs and alcohol.

    California is so serious about making sure that you don’t bike while under the influence that they created an entire law that deals with anyone who is under the influence when they mount their bike.

    The law is California Vehicle Code 21200.5 VC and it states that:

    “Notwithstanding Section 21200, it is unlawful for any person to ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. Any person arrested for a violation of this section may request to have a chemical test made of the person’s blood, breath, or urine for the purpose of determining the alcoholic or drug content of that person’s blood pursuant to Section 23612, and, if so requested, the arresting officer shall have the test performed.”

    The good news is that while the law prohibits you from cycling while under the influence (CUI) the fallout from doing so is nowhere near as life-altering as getting a DUI.

    When you’re charged with a CUI you will only face misdemeanor charges. If you’re convicted of CUI in California you won’t spend any time in jail and the maximum fine you’ll face is $250.

    While the potential fallout from a CUI isn’t as severe as what you’d get if you were convicted of a DUI, that doesn’t mean you shouldn’t take the situation seriously. The first issue is that you will have a criminal record that shows an alcohol-related offense.

    The second thing to consider is that if you’re cycling under the influence and accidentally hurt someone you will face additional legal and civil penalties that could have a long-term negative impact on your life.

    While it’s okay to go out and have a good time, when all is said and done, it’s better to have a designated driver than to cycle home after an evening of fun and drinks.

    what-are-attempted-crimes-in-california

    What are Attempted Crimes in California

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

    We’ve all heard stories about people who are charged with attempted crimes such as attempted murder, attempted assault, or attempted burglary. While we’re familiar with the concept of attempted crimes, few of us fully understand how it’s possible to be charged and even convicted, of a crime that didn’t actually happen.

    The issue of attempted crimes in California is discussed in Penal Code 664 PC. The law defines attempted crimes as any instance when a person makes a concentrated effort to pull off an actual crime and break the law. The fact that the intent was real, even if the person failed to completely follow through in their attempt to break the law.

    The law specifically states that “every person who attempts to commit any crime, but fails, or is prevented or intercepted in its perpetration, shall be punished where no provision is made by law for the punishment of those attempts.”

    There are several examples of attempted crimes. These examples include:

    • A victim escaping and fleeing from a sexual assault scenario
    • Breaking into a house, but being stopped before anything is actually stolen
    • A gun backfiring during what would have been a murder

    Read More

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    Misusing a Disability Placard in California

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

    Disability placards aren’t something everyone in California can appropriate and use for their own purposes. Getting caught misusing a disability placard in California can land you on the wrong side of the law.

    If you think you can misuse a disability placard and not get caught, you should think again. It’s easy for police to spot placard misuse. When they discover someone is misusing the placards, the police are usually quick to take action.

    Disability placard misuse is dealt with in Vehicle Code 4461 VC. The law has multiple examples of how disability placards are not to be used. One such example is, “A person shall not lend a certificate of ownership, registration card, license plate, special plate, validation tab, or permit issued to him or her if the person desiring to borrow it would not be entitled to its use, and a person shall not knowingly permit its use by one not entitled to it.”

    Other ways a disability placard can be misused include:

    • Continuing to use a disability placard that has expired or that has been revoked
    • Borrowing someone’s vehicle and using their placard even though you’re not disabled and they aren’t in the vehicle with you.

    One could consider California’s Vehicle Code 4461 VC to be one of California’s wobbler laws, but instead of shifting between a felony and a misdemeanor, it could be handled as an infraction or a misdemeanor.

    A majority of cases involving the misuse of a disability placard are handled as an infraction. This is good news since there is no jail time, only a fine. That being said the fine can be really steep. The amount can range from $250 to $1,000.

    If the case is handled as a misdemeanor, jail will be one of the possible consequences. The maximum sentence is six months in jail and/or a fine that could be as large as $1,000. In some situations, the judge will order misdemeanor probation rather than sending the defendant to jail. It’s also possible that the defendant will have to perform some type of community service and/or seek counseling.

    The good news is that you’ll have nothing to worry about provided you are in legal possession of a disability placard and are good about making sure it never expires.

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    Can I Get Into Trouble for Disobeying a Police Officer?

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

    Humans are funny. Whenever we’re given an order, we have an almost overwhelming compulsion to rebel against it. While rebellion is okay in certain situations, when that order comes directly from a police officer, it’s in your best interest to ignore your instincts.

    The vast majority of us will only be put in a position of having to decide if we want to obey or disobey a police officer following a traffic stop. In many situations when a person does decide to ignore the police orders it’s because they have a feeling that by following the orders, they will be facing far more trouble than a simple traffic ticket.

    Many of us don’t realize that failing to follow a police officer’s order is more than simply being stubborn. In legal terms, you’ve broken a law. In this case, the law you’ve violated is Vehicle Code 2800 CVC.

    Vehicle Code 2800 CVC states:

      “(a) It is unlawful to willfully fail or refuse to comply with a lawful order, signal, or direction of a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, when that peace officer is in uniform and is performing duties pursuant to any of the provisions of this code, or to refuse to submit to a lawful inspection pursuant to this code.

      (b) (1) Except as authorized pursuant to Section 24004, it is unlawful to fail or refuse to comply with a lawful out-of-service order issued by an authorized employee of the Department of the California Highway Patrol or by an authorized enforcement officer as described in subdivision (d).

      (2) It is unlawful for a driver transporting hazardous materials in a commercial motor vehicle that is required to display a placard pursuant to Section 27903 to violate paragraph (1).

      (3) It is unlawful for a driver of a vehicle designed to transport 16 or more passengers, including the driver, to violate paragraph (1).

      (c) It is unlawful to fail or refuse to comply with a lawful out-of-service order issued by the United States Secretary of the Department of Transportation.

      (d) “Out-of-Service order” means a declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican, or local jurisdiction that a driver, a commercial motor vehicle, or a motor carrier operation is out-of-service pursuant to Section 386.72, 392.5, 392.9a, 395.13, or 396.9 of Title 49 of the Code of Federal Regulations, state law, or the North American Standard Out-of-Service Criteria.”

    Failing to follow the police officer’s orders is a misdemeanor in California. It’s often attached to other charges that can include:

    It’s important to note that you can only be charged with disobeying a police officer in California if they are in uniform, carrying a badge, and actively on duty. If the officer is off-duty, they are a regular citizen and you’re not under any obligation to follow their orders.

    California’s legal system does have a loophole in cases that involve disobeying a police officer. This loophole is called the necessity defense which is when the accused is able to provide sufficient evidence to show that they had just cause to disobey the order. An example of this is that they were in the middle of an emergency, such as driving someone to a hospital, and possibly that they there were pulled over in an area that had a recent reputation for fake police officers and false arrests.

    All things considered, unless you’re genuinely concerned for your safety, it’s in your best interest to follow police orders to the best of your ability.

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    Driving With Young Kids? Does California Require a Car Seat

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

    It’s common knowledge that anyone who is driving with a baby in the car must have a reliable car seat in their car. Fewer people are confident about the laws when it comes to older, larger children.

    The issues of car seats in California are discussed in Vehicle Code 27360 VC. The law very clearly states that children who are under 8 years old must be in the rear set of the vehicle and properly restrained. The same law also states that any child who is two years old or younger not only must be contained in a car seat but that the car seat has to be in the back seat and it must be a rear-facing car seat. These car seats must meet federal regulations.

    “A parent, legal guardian, or driver who transports a child under eight years of age on a highway in a motor vehicle, as defined in paragraph (1) of subdivision (c) of Section 27315, shall properly secure that child in a rear seat in an appropriate child passenger restraint system meeting applicable federal motor vehicle safety standards.

    (b) Except as provided in Section 27363, a parent, legal guardian, or driver who transports a child under two years of age on a highway in a motor vehicle, as defined in paragraph (1) of subdivision (c) of Section 27315, shall properly secure the child in a rear-facing child passenger restraint system that meets applicable federal motor vehicle safety standards, unless the child weighs 40 or more pounds or is 40 or more inches tall. The child shall be secured in a manner that complies with the height and weight limits specified by the manufacturer of the child passenger restraint system.”

    If you don’t have your child properly restrained in a car seat, you will be issued a ticket. This ticket is an infraction so it won’t result in a criminal record. The first time you receive a ticket for not having your child properly restrained in the car, you’ll have to pay a $100 fine. Every time after the initial offense, the fine will be $250.

    Getting a ticket for not having your child properly restrained in the car could be just the start of your legal problem. Depending on the situation, the officer who pulled you over could decide that your decision to not have the child properly restrained and the way you’re driving is worth filing child endangerment charges against. It’s also possible that a history of driving without having your child properly restrained could negatively impact any child custody case you’re involved with.

    Simply having your child strapped into a car seat is not going to be good enough. Not only does the child have to be strapped in properly, but the car seat must be in good repair and it must be safely attached to your car. In most areas, the local fire department will help you set up your car seat so that it’s safe and secure.

    Drive carefully!

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    Failure to Present a Valid California Driver’s License

    By | Bail Bonds in Bakersfield, Bail Bonds in Kings County, Bail Bonds in Los Angeles, Bail Bonds in Tulare, Bail Bonds In Visalia, Carls Bail Bonds, Los Angeles Bail Bonds

    We’ve all done it at some point or another. We’ve left home without our driver’s license. This isn’t a major deal as long as you are walking or riding around as a passenger. If you’re driving, it has the potential to be a major problem.

    In California, you are legally required to have your driver’s license close at hand whenever you’re behind the wheel. It needs to be somewhere that you can easily reach it if a police officer asks for it.

    While you may have driven a hundred times without your license in the vehicle, all it takes is getting pulled over once (or worse, being involved in an accident) to discover what happens if you fail to present a valid California driver’s license when it’s asked for.

    Some people think that they have the right to refuse to show an officer their driver’s license. That’s not the case. The California Vehicle Code Section 12951 VC makes it illegal to fail to present your driver’s license to an officer if they request it while you’ve been driving a vehicle. Police officers are legally able to request your license if they’ve pulled you over in a routine traffic stop, or if you were a driver who was involved in an accident.

    When you read through Vehicle Code Section 12951 you’ll learn that, “the licensee shall have the valid driver’s license issued to him or her in his or her immediate possession at all times when driving a motor vehicle upon a highway…”

    It goes on to state that, “the driver of a motor vehicle shall present his or her license for examination upon demand of a peace officer enforcing the provisions of this code.”

    If you express that you’re willing to provide your driver’s license but simply failed to have it on you when you got in your car, the failure to present it will be handled as an infraction. It will cost you money, but at least it won’t lead to you developing a criminal record. In this situation, you should expect to pay a $250 fine.

    If you straight up refuse to present your license when the officer asks for it, you’ll be charged with a misdemeanor and could potentially spend up to six months in jail.

    It’s worth noting that if your license is expired, if it has been suspended, or if you were never licensed to drive a vehicle in the first place, you’ll likely face additional charges and infractions.

    mayhem-laws-in-california

    Mayhem Laws in California

    By | Bail Bonds in Bakersfield, Bail Bonds in Kings County, Bail Bonds in Los Angeles, Bail Bonds in Tulare, Bail Bonds In Visalia, Los Angeles Bail Bonds

    Most of us hear the word mayhem and instantly think of those weird auto insurance commercials that feature a character name Mayhem creating strange accidents to show why you need auto insurance.

    Anyone who has ever faced mayhem charges in California knows that the state has a very different idea of what mayhem is.

    The issue of mayhem is addressed in California’s Penal Code 203 PC. When you read the law, you quickly discover that legally speaking, there’s nothing fun about mayhem.

    In California, mayhem is defined as,

      “Every person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures, or renders it useless, or cuts or disables the tongue, or puts out an eye, or slits the nose, ear, or lip, is guilty of mayhem.”

    It shouldn’t come as a surprise that mayhem in California is a felony charge. If you’re convicted, you could be sentenced to 2-8 years in state prison and be issued a $10,000 fine.

    In addition to straight mayhem, California also has aggravated mayhem which is a violation of Penal Code 205 PC. The law defines aggravated mayhem as,

      “a person is guilty of aggravated mayhem when he or she unlawfully, under circumstances manifesting extreme indifference to the physical or psychological well-being of another person, intentionally causes permanent disability or disfigurement of another human being or deprives a human being of a limb, organ, or member of his or her body.”

    A guilty conviction of aggravated mayhem can result in a life sentence in prison with the possibility of parole.

    Most cases that involve California mayhem charges also have additional, serious charges connected to them.

    castle-doctrine-in-california

    Castle Doctrine in California

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

    Your home is the place where you should always feel safe, which is why crimes that include home invasions are so horrible.

    Lately, home invasions, the right to protect your home, and something California lawmakers refer to as Castle Doctrine have been getting a great deal of media attention. The reason these topics have been in the news so much is in large part to the number of alleged home invaders who have been killed by the homeowners/legal residents. For example, in July, there were three different incidents of home invasions that took a fatal turn in the Sacramento area.

    The right to protect yourself and your home when it’s illegally entered has been a part of California’s legal system since 1872. The law, which is Penal Code 198.5 PC, states:

      “Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred.

      As used in this section, great bodily injury means a significant or substantial physical injury.”

    While this is referred to as castle doctrine by California’s lawmakers, in other parts of the country it’s referred to as the Stand Your Ground law.

    While castle doctrine allows you to protect your home, it doesn’t provide you with grounds to attack anyone who walks through your front door. In order to claim castle doctrine, you must:

    • Show that you had reason to believe that the person was illegally entering our home
    • That the intruder wasn’t a family member who had a reasonable right to enter your home
    • That you had reason to believe that the intruder intended to use force to either injure or kill you or a member of your family

    Strictly speaking, the castle doctrine only applies to incidents that take place within the house, however, there are similar laws that protect homeowners who harm or kill a person who is threatening them outside of the house but still on the property, such as in the front yard.

    It’s also important to note that the homeowner must have a reason to believe their life is in jeopardy. In 1992, the People v. Brown case made its way to the California Court of Appeals. The case involved a homeowner shooting a handyman who was brandishing a hammer on their front porch. The homeowner tried to claim castle doctrine during the case but the court ruled that castle doctrine didn’t apply since it was reasonable for a non-family member to be standing in an enclosed front porch.

    If you do injure or kill someone who broke into your home, contact the police immediately and calmly explain what happened. Don’t touch anything because you don’t want to bother any evidence that will help you prove your case.

    understanding-the-difference-between-infractions-misdemeanors-and-felonies

    Understanding the Difference Between Infractions, Misdemeanors, and Felonies

    By | Bail Bonds in Bakersfield, Bail Bonds in Kings County, Bail Bonds in Los Angeles, Bail Bonds in Tulare, Bail Bonds In Visalia, Carls Bail Bonds

    The justice system labels crimes as infractions, misdemeanors, and felonies. While these different categories of legal offenses have been around for a long time, very few people who aren’t directly connected to law enforcement or criminal lawfully understand how each type of crime is different.’

    Infractions

    People who are guilty of an infraction have technically committed a crime, but that crime is generally considered extremely petty. Rather than being arrested and potentially going through a trial, the individual is issued a ticket/citation.

    The most common infractions involve driving-related incidents. Examples of such infractions include:

    • Speeding
    • Failing to stop completely at stop signs
    • Using a cell phone while driving
    • Illegal U-turns
    • Etc

    Don’t assume that you don’t have many options when you’re handed a ticket that alleges that you’ve committed an infraction. While most people opt to simply pay the fine, you do have the option to appear before a judge and argue your case.

    The biggest thing that separates infractions from both misdemeanors and felonies is that the infraction won’t show up as a criminal record… though your car insurance company will be able to find out about it.

    It’s also important to note that if you amass too many traffic infractions, you’ll lose your driving privileges.

    Misdemeanors

    Anything that California considers a misdemeanor is an illegal act, one that’s considered more serious and a greater threat to society than a simple traffic ticket. If you’re charged with a misdemeanor you have the option of a trial and could be convicted. Whether you plead guilty to the misdemeanor or are convicted by a jury, the misdemeanor will become a part of your criminal record.

    While nearly everyone is familiar with the term misdemeanor, few people realize that California actually has two different classes of misdemeanors: standard misdemeanors and aggravated misdemeanors. The biggest difference between the two types of misdemeanors in California is the sentence connected to the crime. The maximum sentence connected to a standard misdemeanor is six months of incarceration and/or a $1,000 fine. The maximum sentence for an aggravated misdemeanor is one year of incarceration and/or a $2,000 fine.

    Felonies

    The most serious charges a person faces in California are felonies. These are divided into three different categories:

    • The non-aggravated felony-the maximum sentence for the first conviction is a year of imprisonment and/or a $10,000 fine
    • Aggravated Felony-Has a maximum sentence of life in prison and/or a $10,000 fine
    • Enhanced Felony- Has a maximum sentence of life in prison and/or a $10,000 fine

    Enhanced felonies differ from aggravated felonies because they involve dangerous gang behavior or part of California’s three strikes and you’re out policy, which means that the third time an individual is charged with the same felony, enhancements are added to the judge’s sentence.

    A felony conviction can have a serious impact on your future. It can make it difficult to find employment or housing. Some felonies convictions also make it illegal for you to own any firearms.