Monthly Archives

September 2022

visalia-bail-bonds

What Happens if You Ignore a California PPO?

By | Carls Bail Bonds

Personal protection orders (PPO) are issued when one person approaches the court and shows a judge why they are afraid of someone else. If a PPO is issued against you, you aren’t allowed to have any contact with the person who arranged for the PPO. The order will also restrict you from getting within a specific distance of the individual who is concerned about you.

The purpose of a personal protection order is to prevent you from harassing, abusing, stalking, or even having any direct contact with the person who filed for the order. Once the PPO has been issued, you must obey it, even if the individual who filed for the PPO made up the things they said about. Obey everything that the PPO says you can and can’t do. The time to argue about the validity of the issues brought up in the PPO is in court when a judge can hear both sides of the argument, look at the evidence, and decide if the PPO was unjust.

Failing to follow the rules laid out in a PPO has legal consequences. It’s considered contempt of court.

California’s Penal Code 166(a) (4) outlines contempt of court in California.

A contempt of court charge when it pertains to a PPO is handled like most charges in California. You’ll be arrested at which point your case starts crawling through the local court system. If you don’t take a plea deal or plead guilty, the case will go to court. In court, the prosecution must prove that:

  • The PPO was valid
  • That you knew and understood the PPO
  • That you deliberately and willfully violated the PPO

If you’re convicted of violating the PPO, you could be sentenced to a year in county jail. It’s likely you’ll also face additional charges.

visalia-bail-bonds

Driving Without Auto Insurance in California

By | Bail Bonds In Visalia, Carls Bail Bonds

It’s expected that if you’re going to own and operate a vehicle in California, it’s properly insured. The amount of insurance you have that covers your own car is usually left up to you, but the state requires that you at least carry limited liability insurance so anyone else who is involved in the accident is protected.

The issue of car insurance in California is addressed in Vehicle Code Section 16029.

One of the interesting things about California is that while most drivers have auto insurance, other forms of financial responsibility that are legally acceptable while operating a vehicle in California include:

  • A self-insurance certificate that’s issued by the DMV
  • A surety bond for $35,000
  • Proof of a cash deposit with the DMV of $35,000

If you’re pulled over and can’t present the traffic officer with one of these things, you are driving without insurance.

The first time you’re caught driving without insurance, you’ll receive a citation and have to pay a $100 fine. Additional fees connected to the citation mean your out-of-pocket expenses will be $450, and that’s just for not having insurance. It’s likely that whatever prompted the officer to pull you over, such as running a stop sign or speeding, will also result in a second costly infraction.

The second time you’re caught driving without insurance, the infraction increase to $200-$500, and in some cases, the additional total fees and penalty assessments can add up to as much as $2,500.

The ticket and massive penalties probably won’t be your only problem. Since an uninsured vehicle can’t operate in California, it’s highly likely that the police will have your car impounded. The only way you’ll get it back is if you pay the towing bill and impound fees. Unless you’re planning on having the vehicle towed back to your house, the impound lot will request to see your proof of insurance before the release of your vehicle.

Getting a ticket for not having auto insurance when you’re pulled over is bad, but it’s nothing compared to what happens if you’re in a car accident when you don’t have insurance. Not only will you be issued an expensive ticket, but it’s also highly likely that you’ll be named the defendant of a civil suit. Since you didn’t have any insurance at the time of the accident, if you lose the civil case, you’ll be responsible for paying the entire settlement.

Yes, car insurance is expensive and it can be hard to fit into the monthly budget, but considering the possible consequences, it’s something you should have if you’re driving.

 

 

visalia-bail-bonds

The California Privacy Rights Act is Coming

By | Bail Bonds In Visalia, Carls Bail Bonds

On January 1, 2023, the California Privacy Rights Act (CPRA) becomes fully effective. This could change things for some California businesses. 

The CPRA was originally passed by popular vote in 2021. More than 56% of the voters who took part in the November election were in favor of the new law. Concerns about privacy, identity theft, and the exploitation of personal data led to the creation of the project. The way the law stands, once it goes into effect, it will serve as a continuation of the California Consumer Privacy Act.

What the CPRA does is:

  • Create some new definitions of privacy and what is considered private information
  • Expand upon consumer rights

Creating the California Privacy Protection Agency (CPPA)

The biggest change connected to the CPRA is the CPPA. This is an agency that exists solely for the purpose of making sure that businesses are honoring the letter of the law when it comes to the rights of California’s citizens.

Once the CPRA goes into effect, California residents will be able to:

Request the correction of any inaccurate information which businesses are required to change the inaccurate information whenever commercially possible

  • To make sure the collected information is minimized as much as commercially possible
  • Be notified whenever a business has a plan to use sensitive personal information 
  • Request that the business refrain from sharing the sensitive personal information

In addition to providing California residents with some new rights, the CPRA also expanded on some of the rights created by the CPRA, rights that some residents didn’t know they were entitled to.

The expanded rights include:

  • Opt out of having their personal information shared with a third party
  • The ability to pursue a civil case against any business that shares extremely sensitive information, particularly passwords and account numbers
  • The right to see exactly what personal information the business is sharing

When the CPRA goes into effect, it will impact businesses that:

  • Have a gross annual revenue that exceeds $25 million
  • Handles the private information of at least 100,000 California residents
  • Uses the sale of private information for at least 50% of the annual revenue

It will be interesting to see if additional steps will be taken that will make it even harder for California businesses to buy and sell personal information.

visalia-bail-bonds

Dangers of Parental Kidnapping In California

By | Bail Bonds In Visalia, Carls Bail Bonds

Most people worry about the possibility of their child being kidnapped from the park or shopping mall. While these things do happen, most kidnapping cases don’t involve strangers but are actually parental kidnappings. According to Safe, at Last, more than 90% of all reported kidnappings are the result of parental kidnapping.

The U.S. Department of Justice states, “Parental kidnapping” occurs when a non-custodial parent takes possession of his/her child in order to prevent the custodial parent from having any contact with the child.”

One of the scary things about parental kidnappings is that while it seems like it’s preferable to a child being taken by a stranger, there are often long-lasting side effects. We’re only just starting to understand that the children who are abducted by their parents often experience psychological and emotional trauma. The Justice Department states that victims of parental kidnappings experience:

  • Poor nutrition
  • Neglect
  • A lack of consistent schooling
  • Unstable lifestyle

One of the mistakes many parents make is assuming that because they are the child’s parents, they won’t be charged with kidnapping. That’s not the case at all. If you’re a non-custodial parent and take your child without permission, you can be charged with kidnapping in California.

In California, kidnapping, including parental kidnapping is defined in Penal Code 207 PC.

According to California law, you can be charged with kidnapping when you, “forcibly, or by any other means of instilling fear, steals or takes, or holds, detains, or arrests any person in this state, and carries the person into another country, state, or county, or into another part of the same county.”

Whether you’re a parent, a family friend, or a stranger to the child, all kidnapping charges are felonies. If you’re convicted you can be sentenced to as long as 8 years in prison. If the victim is a child or is an adult who is injured/killed during the kidnapping, you can be sentenced to life in prison.

In addition to straight kidnapping, you can also be charged with aggravated kidnapping in California. Kidnapping is upgraded to aggravated kidnapping if force, fear, or fraud is used to move a child who is less than 14 years old. Other things that can trigger aggravated kidnapping charges include:

  • Demanding a ransom
  • If the victim is grievously injured
  • If the kidnapping was part of a carjacking

There are instances where a parental kidnapping turned out to be a breakdown in communication. The best way to make sure that doesn’t happen is by communicating clearly with the other parent, writing down any dates involved when you’ll have the child that isn’t part of the original custody agreement, and double-checking everything.

 

 

 

How to Report a Crime in California

By | Bail Bonds In Visalia, Carls Bail Bonds

You’ve seen a crime happen. Now you’re in a bind. Are you legally required to report the crime? Who should you report the crime to? How do you even go about reporting a crime? How long do you have to report the crime? It’s amazing how much stress simply being an innocent bystander can cause.

Are You Legally Required to Report a Crime?

The answer to whether you’re legally required to report a crime is both yes and no.

In most cases, the State of California is happy to let you decide whether you should report the crime. Failure to do so probably won’t get you into legal trouble but there are some exceptions.

The exceptions include:

  • Rape
  • Child Abuse
  • Murder

In the case of severe crimes that the state feels you’re legally required to report, failure to do so will result in you being charged with aiding and abetting.

Who Do You Report a Crime To?

When you know about a crime and want to report it, you need to contact your local police station. You can do this in person or via a phone call. People at the police station will provide you with additional information that includes the exact officer you should speak to, what type of details they need to know, and if they’ll have follow-up questions.

In the case of extremely serious crimes, crimes that require immediate medical attention, or crimes that are in progress, you should call 911.

How to Report a Crime

The best way to report a crime is by staying calm, cool, and collected. While reporting the crime stick to just the details, and resist the urge to start sharing your opinions and thoughts about the situation. At this stage, plain facts are the only thing the police require.

Pay attention to the questions the person you’re speaking asks and answer them honestly. If you don’t know the answer, make that clear.

How Long Should You Wait to Report a Crime

The general rule of thumb is that you should report a crime as quickly as possible. Not only does this alert the authorities and allow them to take immediate and appropriate action, but it also allows you to share the details of the case while your memory is still sharp. Waiting even a few hours can drastically impact your ability to recall exactly what you saw and experienced.

Have you ever been in a position where you had to report a crime? How did you handle the situation?

visalia bail bonds

Rules to Follow When Hosting a Yard/Garage Sale

By | Bail Bonds In Visalia, Carls Bail Bonds

Yard sales and garage sales are kind of awesome. Not only do they provide you with an opportunity to clear out some of the stuff that has been cluttering up your house, but you can even make money doing so! Another perk is that they can turn into a type of community event that allows you to meet neighbors and other members of the community that you don’t usually cross paths with.

As you’re gathering up the things you plan on selling at your next yard sale, be aware that there are some rules and ordinances you have to follow before you can start making money.

Parking

If your driveway isn’t large enough to accommodate all the traffic you hope to attract during your yard sale, take a look at the street. Is street parking allowed or will you have to send people to another location to park and then have them walk back to your property? The last thing you need is for the vehicles of your yard sale customers to be towed while they’re shopping.

What Local Ordinances do You Have to Follow

Check with your local governing body and find out what specific ordinances they have in place that pertain to yard sales. Common rules include:

  • The size and location of promotional signs
  • The hours your yard/garage sale can operate
  • Which days of the week yard sales can take place
  • Locations where yard/garage sales can take place

Pay Attention to Earnings

You don’t want your yard sale to result in you getting in trouble with the IRS so you need to pay attention to your earnings. Few know that they are supposed to report the profit from any item that is sold for more than what you purchased it for.

Are you planning an upcoming yard/garage sale? How are you managing it?

visalia bail bonds

3 Common Social Media Crimes

By | Bail Bonds In Visalia, Carls Bail Bonds

Most of us love social media sites. They provide us with an easy way to stay in touch with loved ones, the ability to let people know what we’re up to and to simply check in with someone.

What many of us don’t think about is how individuals with criminal intentions can use social media against us.

If you love your social media platforms, there are some common social media crimes you should know about. Once you’re aware of these crimes and cons, you can take steps to monitor your account and protect yourself.

Hacking

Hacking is a huge problem, particularly with Facebook. Every single day, there are stories about someone’s account either being hacked or someone creating a mirror account and using their newly gained access to gain access to another person’s computer files, contacts, and personal information.

In many cases, these hacking cases eventually turn into identity theft situations which is why it’s important to quickly change passwords and contact the social media platform’s administrators as soon as the hacking attempt is discovered.

Stalking and Bullying

Everything good has a downside. The praise, encouragement, and general good vibes you receive when you share the good news on social media sites are balanced by the stalking and bullying that is found all over social media. The bullying is bad. It can quickly eat at the victim’s self-confidence. There have even been cases of social media bullying leading to serious consequences.

Alongside the bullying is stalking. While this is mostly only discussed when someone is talking about a public profile, it can be a problem for anyone who uses social media sites. Not only can a stalker follow us virtually, but when we post personal information, including pictures of our homes/cars/vacation spots, we create a situation where a stalker could also start following us in real-time. This is why it’s so important to be very conscious about how much personal information you post on social media sites and to carefully go over every picture and make sure there isn’t anything a stalker could use to pinpoint your location.

Vacation Robberies

Vacation robberies have been around forever, the original Home Alone plot was based around a vacation robbery, but they used to require the thieves to pay attention to a specific neighborhood and learn the signs that someone was out of town. Today, thieves who participate in vacation robberies simply have to pay attention to social media and see who is talking about vacation while they are out of town.

The best way to avoid being a victim of a vacation robbery is to resist the urge to post vacation photos on your social media sites until you’re home. When posting, be very clear that you’re home and that your home isn’t ripe for a robbery.

What steps do you take to avoid common social media crimes?

visalia bail bonds

Unlawful Use of a Driver’s License

By | Bail Bonds In Visalia, Carls Bail Bonds

Your driver’s license may seem like a small, inexpensive laminated card that proves to the world that you’re legally allowed to operate a vehicle in California. What you might not realize is that there are ways you can use your driver’s license that violate California’s laws.

Examples of unlawfully using a driver’s license in California include:

  • Allowing someone else to use your driver’s license
  • Have a driver’s license that is canceled, expired, or revoked
  • Shows a license that belongs to someone else
  • Has a duplicate driver’s license
  • Alters a driver’s license

When you’re using a driver’s license in a way California lawmakers don’t agree with you’re violating Vehicle Code 14610 VC. While most of these examples might seem like relatively minor issues to you, if you’re caught violating Vehicle Code 14610 VC you’ll quickly learn that the small acts have big consequences.

Vehicle Code 14610 VC states:

“(a) It is unlawful for any person:
(1) To display or cause or permit to be displayed or have in his possession any canceled, revoked, suspended, fictitious, fraudulently altered, or fraudulently obtained driver’s license.
(2) To lend his driver’s license to any other person or knowingly permit the use thereof by another.
(3) To display or represent any driver’s license not issued to him as being his license.
(4) To fail or refuse to surrender to the department upon its lawful demand any driver’s license which has been suspended, revoked, or canceled.
(5) To permit any unlawful use of a driver’s license issued to him.
(6) To do any act forbidden or fail to perform any act required by this division.
(7) To photograph, photostat, duplicate, or in any way reproduce any driver’s license or facsimile thereof in such a manner that it could be mistaken for a valid license, or to display or have in his possession any such photograph, photostat, duplicate, reproduction, or facsimile unless authorized by the provisions of this code.
(8) To alter any driver’s license in any manner not authorized by this code.
(b) For purposes of this section, “driver’s license” includes a temporary permit to operate a motor vehicle.”

Don’t assume that the unlawful use of a driver’s license in California will result in a ticket and a fine. This is far more serious than that.

Unlawfully using a driver’s license in California is a misdemeanor. If you’re convicted, you’ll leave the situation with a criminal record. The maximum sentence for this type of crime is up to six months in a county jail and/or a $1,000 fine.

It’s not uncommon for a judge to look at a first-time offender’s case and sentence them to misdemeanor probation.

The best way to avoid the serious consequences of improperly using a driver’s license in California is always make sure your driver’s license is valid and that you only carry your current license with you.