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What Happens if I Disturb the Peace in California?

By | Bail Bonds in Hanford, Bail Bonds in Kings County, Bail Bonds in Tulare, Bail Bonds In Visalia, Carls Bail Bonds, Porterville Bail Bonds

Disturbing the peace is kind of a blanket term in California. If you’re charged with disturbing the peace, it basically means that you did something to irritate someone. Examples of this can include anything from deciding to mow your lawn in the middle of the night to playing really loud music, getting into a fight, and even using language that someone near you found offensive.

The truth is that the police frequently get calls about disturbing the peace. While they always respond to these calls, they don’t always file charges. An example of a case where they might decide to skip filing charges and simply issue a warning is if a neighbor calls the police and complains that you’re swearing is disturbing their peace. In this situation, the police might ask you to clean up your language or at least swear quietly. They may also ask some questions to see if there’s an underlying and potentially illegal reason why your neighbor is so irritated with you.

On the other hand, if you’re throwing a party and the police have had several complaints about the noise, it’s likely that they will decide to press charges of disturbing the peace.

When you review Penal Code 415 PC, which discusses disturbing the peace in California, you’ll learn that people who are convicted of disturbing the peace are:

“(1) Any person who unlawfully fights in a public place or challenges another person in a public place to fight.
(2) Any person who maliciously and willfully disturbs another person by loud and unreasonable noise.
(3) Any person who uses offensive words in a public place which are inherently likely to provoke an immediate violent reaction.”

If a disturbing the peace case makes it to trial, the main thing the prosecution must prove to secure a conviction is that the defendant willfully disturbed the peace. This is one of the main reasons many police officers issue a warning when they originally responded to a disturbing the peace call. It’s easy for a defendant to say that they didn’t know they were disrupting someone the first time a call is made. It’s harder for them to claim they weren’t willfully doing something that they knew irritated others the second, third, or fourth time the police are called.

The maximum sentence connected to a disturbing the peace conviction is a 90-day jail sentence and/or a $400 fine.

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How to Respond to a Stalking Situation

By | Bail Bond in Fresno, Bail Bonds in Bakersfield, Bail Bonds in Hanford, Bail Bonds in Kings County, Bail Bonds in Tulare, Bail Bonds In Visalia, Carls Bail Bonds, Porterville Bail Bonds

There’s nothing funny about being the victim of a stalking situation. It’s a crime that often quickly escalates and can end in violence. If you suspect you have a stalker, there are a few things you should do right away.

Take the Situation Seriously

Don’t assume that you’re simply feeling a little jumpy or that you’re making mountains out of molehills. One of the reasons so many stalkers are successful is that they do a good job of appearing benign at first. While you probably shouldn’t immediately accuse the neighbor you randomly ran into a few nights in a row of stalking you, it’s okay to feel paranoid and to start taking steps to protect yourself.

Alert Someone to the Situation

The first thing you need to do is let someone know what’s happening. Not only will you feel better after you’ve spoken to someone, but they will also have your back. They are a second set of eyes that can see if someone is lurking each time you go out. The more people who are in on the situation, the less risky it becomes.

Record Everything

If the case goes to court, you’re going to have to prove that you were being stalked and how long the stalking when on. If you tell people about the situation, they can help back up your story, but you should also have a written record of everything that happened. Make sure you keep a record of each correspondence, seemingly random encounter, unwanted gift, and spotting that occurred.

Shake Up Your Routine

Make it hard to keep tabs on you. While you may not be able to change where you work or live, you can take different routes each time you travel. You should also change the times you go out and the locations where you shop.

Contact the Police

If things don’t change or if the stalking seems to be escalating, it’s time to get the police involved. Take your evidence to the police station, present it to the officers, and arrange to have a personal protection order (PPO) filed against the person who has been stalking you.

What steps have you taken to extract yourself from a stalking situation?

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What Happens if You Fail to Stop and Submit to an Inspection

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, Porterville Bail Bonds

In California, commercial drivers are legally required to stop and submit for a vehicle inspection. Failing to do so results in serious repercussions. You could even be sentenced to jail time!

The law that deals with commercial failure to stop and submit to an inspection is California Vehicle Code 42002.1 VC. The code very clearly states that any commercial driver who fails to stop and submit to an inspection is guilty of a crime.

The interesting thing about the law is that it hits commercial drivers who have a criminal history significantly harder than drivers with a clean records. Examples of individuals who will be charged and likely convicted include:

  • Commercial drivers who failed to follow the instruction of a police officer or firefighter
  • Commercial drivers who ignored rules about height, length, width, and perhaps most importantly, the weight of their commercial rigs

The only convictions that will haunt commercial drivers are those that are a direct violation of California Vehicle Code Section 2800 VC. Convictions of other California laws will not incur criminal charges if the driver fails to stop and submit to an inspection.

While commercial drivers who have a prior history of violating California Vehicle Code Section 2800 VC are required to submit for inspections, it’s important to note that it only applies while they are driving a commercial vehicle. If they are in a personal vehicle that’s not used for commercial purposes, they are not exempt from the inspection and can’t be criminally charged.

One of the very interesting things about failing to stop and submit for an inspection is that it’s one of California’s only wobblette crimes. That means that it could be handled as either a traffic infraction or a misdemeanor.

If it’s handled as a misdemeanor and it’s the first time the defendant has been convicted of this particular crime, the maximum sentence is a $50 fine and/or five days in a county jail.

If it’s the second time in a twelve-month period that the driver has been convicted of this crime, the maximum sentence is a $100 fine and/or ten days in jail.

For third and subsequent convictions in a single year, the driver can expect to be fined $500 or sentenced to six months in jail.

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How to Protect Yourself from a Break-In

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, Porterville Bail Bonds

The tragedy of the Idaho murders has caused all of us to question how safe we really are. Suddenly we’re wondering if our locks, doorbell cameras, and security systems will prevent us from a break-in. The good news is that there are some things you can do to make sure you’re safe while you’re at home.

The first thing you need to do is make sure you’re in the habit of locking up your home, both while you’re away and while in residence. This doesn’t just mean bolting the front door. Go through your house and make sure all the doors that lead to the exterior are locked. Next, do the same with your windows. This is also an excellent opportunity to check the quality of your locks. Make sure that they are in good repair and that they actually keep the door and window locked.

Don’t Be Ostentatious

Don’t make your home look like an appealing risk to would-be robbers. This means you shouldn’t leave your expensive toys lying in the driveway. You also shouldn’t brag about all the valuables you have in your home. Living a quiet life and keeping all of your treasures tucked away might not seem like fun, but it will keep you and your personal property safe.

Be Smart with Your Spare Key

The best thing you can do to keep your home safe is to fit your door with a keypad and routinely change the code, but if you still use a key to open your doors, don’t leave a spare key tucked in a flowerpot or under your welcome mat. In fact, don’t leave the key anywhere outside where it could be found by a would-be thief. Keep your key on your person or tucked in a safe place in your car.

Burglar Proof Your Front Yard

Burglars are attracted to homes that provide a great deal of natural coverage or places where they can hide whenever someone drives past. Removing hedges, shrubs, sheds, and trees that are near your home will deter them. You should also set up a few motion-activated spotlights, yes, any passing wildlife will activate the lights, but they will also cause a burglar to look for a different place to rob.

The best way to make sure your home remains safe, especially while you are away, is to be discrete about what you share on social media. Don’t talk about your vacations and other trips until after you’re home. The last thing you want is to broadcast the fact that your home is unprotected.

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Keep Your Job with a Bail Bond

By | Bail Bonds In Visalia

Bills don’t stop coming just because you’ve been arrested. Even though you’re in jail and facing criminal charges, it doesn’t mean you’re landlord doesn’t want their monthly rent, that the bank will forgive your car loan, or that your other bills will simply disappear. What it could mean is that you’ll lose your home, car, and good credit rating.

The good news is that there is a way to prevent yourself from losing everything. All you have to do is post bail. Doing that immediately gets you released from jail so that you can go to work, continue earning a weekly paycheck, and stay on top of your monthly bills.

The problem that some people face is that even though they would really like to post bail and work, they simply don’t have the funds needed to cover their bail. That’s where we come into the picture. We help you with bail so that you can get yourself to work.

The way our program works is if you can’t afford the entire 10% we charge as a fee, we’ll set up a payment plan for you. The great thing about our payment plan is that in addition to being zero-down, zero interest, it’s also flexible. That means you can set it up so that your payments to us coincide with your weekly paycheck.

In some cases, when the bail is low, we’re happy to allow you to skip the process of having you include a co-signer or put up collateral if you can prove that you have a full-time income.

One of the questions you’ll need to ask when you’re released from jail is whether or not you have a curfew while you’re out on bail. If you’re told that yes, you do have a curfew, you’ll have to work with the court to make sure that your work schedule doesn’t clash with your curfew and create additional legal troubles for you, which could end with your bail getting revoked.

Since one of the biggest conditions in the bail bond contract you sign is that you agree to attend all of your mandatory court appointments, it’s important to give your employer a great deal of advanced warning about upcoming court dates so that they can schedule those commitments. Remember, missing a single court appearance will get your bail revoked.

We provide free consultations 24/7.

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¿Qué Sucede si se Ignora una Orden de Protección de California?

By | Bail Bonds In Visalia

Las órdenes de protección personal (PPO) se emiten cuando una persona se acerca a la corte y le muestra al juez la razón por la cual le tiene miedo a otra persona. Si se emite una PPO en su contra, no se le permite tener ningún contacto con la persona que arregló la PPO . La orden también le impedirá acercarse a una distancia específica de la persona preocupada por usted.

El propósito de una orden de protección personal es evitar que una persona acose, abuse, aceche o incluso tenga contacto directo con la persona que solicitó la orden. Una vez que se ha emitido la PPO, debe obedecerla, incluso si la persona que presentó la PPO inventó las cosas sobre las que dijo. Obedezca todo lo que la PPO diga que puede y no puede hacer. El momento de discutir sobre la validez de los asuntos presentados en la PPO es en la corte cuando un juez pueda escuchar ambos lados del argumento, ver la evidencia y decidir si la PPO fue injusta .

No seguir las reglas establecidas en un PPO tiene consecuencias legales. Se considera desacato al tribunal.

El Código Penal de California 166(a)(4) describe el desacato al tribunal en California.

Un cargo de desacato al tribunal cuando se relaciona con una PPO se maneja como la mayoría de los cargos en California . Será arrestado y en ese momento su caso comenzará a rastrearse en el sistema judicial local. Si no acepta un acuerdo con la fiscalía o no se declara culpable, el caso irá a los tribunales. Ante el tribunal, la fiscalía debe probar que:

  • El PPO era válido
  • Que usted conocía y entendía el PPO
  • Que usted violó deliberada e intencionalmente la PPO

Si lo condenan por violar la órdenes de protección personal (PPO), podría ser sentenciado a un año en una cárcel del condado. Es probable que también enfrente cargos adicionales.

 

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4 Estafas de Facebook que Debe Conocer

By | Bail Bonds In Visalia

La mayoría de nosotros pasamos una sorprendente cantidad de tiempo en Facebook. Nos encanta publicar sobre las cosas emocionantes que suceden en nuestras vidas, disfrutamos viendo las fotos que comparten nuestros seres queridos y, a menudo, lo tratamos como una línea interesante que brinda una forma legal de espiar la vida de los demás. Rara vez nos detenemos a pensar en lo peligroso que puede ser Facebook, aunque habitualmente escuchamos sobre amigos cuyas cuentas que han sido pirateadas o que se han encontrado con una estafa en Facebook.

Si bien no tiene que dejar de usar Facebook por completo, sacará más provecho del gigante de las redes sociales si está al tanto de las estafas más populares de Facebook y sabe cómo identificarlas y evitarlas.

Suplantación de identidad

El phishing en Facebook es como otras formas de phishing en Internet , simplemente se lleva a cabo en Facebook. La forma en que funciona es que alguien crea una cuenta de Facebook ficticia que sugiere que ofrece un servicio o posee un negocio. Cuando expresa interés en el negocio/servicio, el genio detrás de la cuenta roba una gran parte de su información, incluyendo su contraseña de Facebook, y la usa para beneficio personal.

La mejor manera de detectar un esquema de phishing de Facebook es mirar el sitio web al que se dirige. Si la URL tiene algo que no sea facebook.com, es una estafa y debe salir y borrar su historial de navegación de inmediato.

Productos Falsificados Promocionados en Facebook Marketplace

El mercado de Facebook se ha convertido en un lugar popular para que las personas que tienen productos baratos ganen dinero rápido al promocionarlos como si el producto fuera de marca o de alta calidad. La mejor manera de evitar caer en esta trampa es estudiar con atención las imágenes y leer las reseñas del vendedor. Si el producto parece sospechoso o hay muchas malas críticas, aléjese de ese vendedor y busque algo más para comprar.

Estafas de Trabajos Falsos

Aunque Facebook no es el primer lugar que la mayoría de la gente busca cuando busca un nuevo trabajo, hay algunas oportunidades de trabajo legítimas publicadas en el sitio de redes sociales. El problema es que también hay algunas estafas de trabajo falsas sorprendentemente convincentes disponibles en Facebook.

El propósito de las estafas de trabajos falsos es el mismo que otras estafas, la persona detrás de la estafa quiere extraer información específica de usted que puede usar para su propio beneficio. La mejor manera de protegerse de una estafa de trabajo falsa que se encuentra en Facebook es nunca dar ninguna información personal, cambiar su contraseña cada vez que envíe un mensaje a la persona responsable de la oferta de trabajo e investigue cuidadosamente la compañía que supuestamente publicó el trabajo.

La Estafa Que Involucra Tarjetas de Regalo

La regla general es que si algo suena demasiado bueno para ser verdad, probablemente lo sea. Ese es ciertamente el caso con muchas de las ofertas de tarjetas de regalo que flotan en Facebook. Una de las razones por las que tantas personas son engañadas por las estafas de tarjetas de regalo falsas es que la persona detrás de la estafa piratea una cuenta y hace que parezca que la oferta proviene de un ser querido. Y la redacción es persuasiva y auténtica.

La estafa es doble. Dado que se le pide que haga clic en un enlace y brinde información sobre usted, la persona detrás de la estafa recopila información de usted que puede usar para ayudar a robar su identidad. También le piden que comparta la publicación, lo que les permite conectarse con sus amigos de Facebook para que puedan ejecutar la estafa de la tarjeta de regalo en otras personas.

La mejor manera de evitar verse atraído por una estafa de Facebook es limitar sus acciones en las redes sociales a sólo tratar con personas que conoce bien y siempre confirmar su identidad antes de hacer clic en cualquier enlace o cuenta secundaria.

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Teen Marijuana Use in California

By | Bail Bonds In Visalia

Recreational marijuana is legal in California. However, that doesn’t mean that teens are allowed to partake in marijuana.

At this point, it’s legal for anyone who is over the age of 21, to grow, use, and carry marijuana in California. That age limit is important. If a person is 21 and enjoying some marijuana, they’re fine. The same isn’t true if their 19-year-old friend is doing the same thing.

The one exception to marijuana use in teenagers is if that medical marijuana can be prescribed to anyone who is at least 18 years old. That means that if an 18-, 19-, or 20-year-old has a prescription from a legit doctor, they can legally use marijuana. If a teen is prescribed medical marijuana, they must adhere to the rules laid out in the prescription. The slightest deviation could result in them facing serious legal repercussions.

California teens who are caught illegally in the possession of marijuana will face the same legal consequences they’d face if they were caught with alcohol. As long as the teen is merely in the possession of the marijuana but not using it, they will be charged with an infraction. The consequences of this particular marijuana infraction include a fine, mandatory drug education, and community service.

Teens who are caught operating a car after they have been illegally using marijuana will face the same consequences that they would had they been illegally drinking. In addition to fines and drug counseling, they will face license suspension. The more times they are caught driving while under the influence of marijuana, the more severe the legal consequences become.

At the end of the day, it’s important to make sure teenagers understand that it’s really in their best interest to wait until they are 21 before they experiment with marijuana. While they still have to be careful and make sure they don’t take so much that their ability to drive is impaired, by waiting until they’re legally able to do so, they don’t have to worry about getting into trouble for simply having marijuana in their pockets or tucked into a purse.

How old were you the first time you tried marijuana?

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Drunk Driving During Christmas

By | Bail Bonds In Visalia

If you think that the cops are going to be more forgiving about you getting behind the wheel when you’re intoxicated because it’s the Christmas season, you should think again. If anything, history indicates that you’re even more likely to be arrested for drunk driving during the holiday season. In 2020, the California Highway Patrol reported that they had made over three hundred drunk driving arrests on Christmas Eve and Christmas Day. When you break down the numbers, that means that someone was getting arrested every five minutes for driving drunk.

There’s a reason the cops are cracking down on drunk driving during the holidays. That reason is that so many people lose their lives in drunk driving incidents during Christmas. In 2021, more than 2 dozen people were killed in California, at Christmas time, in driving-related accidents. Many of these accidents involved a drunk driver and would have been avoided if the driver hadn’t made such a poor decision.

California’s current DUI laws are very clear. They are written in such a way that they include anyone who is driving while under the influence of alcohol or drugs.

The first thing you have to understand about California’s DUI policy is that any officer who feels that the way you’re driving suggests that you’re impaired has the legal right to pull you over and test to see if you really are under the influence of drugs or alcohol. They’re legally allowed to ask for a blood or urine test. If you choose to refuse to submit to these tests, you will be arrested, the tests will somehow be obtained, and you will face even stricter consequences than if you had simply submitted to the tests in the first place.

In California, you can be charged with DUI if you’re 21 or older and are driving with a BAC that’s 0.08% or higher. At the time of your arrest, it’s likely that your vehicle will be impounded, meaning you’ll have to pay impound fees and towing costs before it’s returned to you. If you’re Christmas DUI arrest is the first time you’ve ever been caught driving while under the influence, you could be sentenced to up to 6 months in a county jail, fined between $390 and $1,000, be required to go through a state-sanctioned alcohol counseling program, and lose your driving privileges for up to six months.

Considering how serious the consequences are for driving while under the influence at Christmas time, it really is in your best interest to get a different ride home or make sure you have a designated driver.

Stay safe this holiday season!

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Bringing Gifts to Prison

By | Bail Bonds In Visalia

Just because a loved one has been sent to prison, it doesn’t mean you stop caring for them. When someone has been arrested many people feel that in addition to visits, the best way to let their loved one know that they’re still important is by sending gifts and other surprises. 

While it’s easy to understand why you would want to send gifts to your incarcerated loved one, you should know that it’s not as simple as you may think. Prison security is always a concern, the people running California’s prisons are more concerned than ever before about the possibility of drugs and other contraband being introduced to the prison system. To prevent this from happening, people are not allowed to simply send packages to the prison. 

Packages, which are referred to as quarterly packages, can only come from approved vendors. The prison will not accept any package that has been mailed directly from a friend or family member. While this makes it a little harder for you to send gifts to your loved one, it actually makes things a little easier on the prisoners. Before the California prison system flat-out banned packages that weren’t sent by approved vendors, anytime a prison received a package that contained something they weren’t allowed to have, they had to arrange to have it returned to the sender, on the prisoner’s dime.

Don’t assume that just because packages all have to come from approved vendors that it doesn’t mean you aren’t able to send anything. It simply means you have to go through the vendor. The bad news is that the list of approved vendors isn’t very long, and it doesn’t look like Amazon is on it. The 2022 list of approved prison vendors includes:

  • Access Securepak
  • 1 Stop Value Pack
  • Aramark iCare
  • Mike’s Better Shoes
  • The Vitamin Outlet
  • Union Supply Direct
  • Walkenhorst’s
  •  JPAY

For more information about what you can and can’t send your loved one while they’re incarcerated, you’ll have to speak directly to the prison.

 

 

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Rules to Remember When Renting in California

By | Bail Bonds In Visalia

If you find yourself in a position where you’re going to be renting your living space for the foreseeable future, it’s in your best interest to familiarize yourself with California’s laws regarding renting. In addition to checking out the state laws, make sure you explore the local laws since they can change from one zip code to another.

Periodic Leases

If you’re not sure how long you are renting, you and your landlord may decide that the best option is a periodic lease. Depending on the contract, this allows you to rent the space for a week, month, or year. 

If you are involved in a periodic lease, your landlord is required to give you advance notice if they won’t be renewing the lease at the end of the specified period. If you’re renting on a week-to-week basis, you’re legally entitled to 7 days’ notice. If you’re renting on a month-to-month basis, 30 days’ notice is required. You are supposed to give an equal amount of notice if you’re not planning on renewing your portion of the lease.

Breaking a Lease Early

 There are some situations where you’re legally allowed to break a lease early without having to worry about repercussions. These instances include:

  • If there’s an early termination clause in your rental agreement
  • If you’re dealing with a harassing landlord (you will have to collect proof of the harassment)
  • If the landlord has neglected their duties and the unit is no longer inhabitable
  • If a natural disaster or something else has rendered the unit uninhabitable
  • If you’re on active military duty and have been relocated

If you have to break the lease early, you will likely have to pay the landlord the remainder of the lease amount, but the landlord is required to provide you with a reasonable amount of assistance when it comes to finding a new tenant.

Evictions in California

If you’re renting, you’ll be pleased to learn that your landlord can’t suddenly evict you for no reason. Not only are they required to have a provable reason for evicting you, such as failure to pay rent or extreme property damage, but they are also required to give some advance notice.

Justifiable reasons to issue an eviction notice include:

  • The tenant has failed to pay their rent
  • The tenant has violated their lease (such as moving a pet into a non-animal-friendly apartment)
  • The lease has ended

In the instances where rent hasn’t been paid, the landlord must give the tenant a full three days to make good on their payments. Once the three days have passed and the rent still hasn’t been paid in full, the landlord can start the eviction process. 

When a lease violation prompts a landlord to consider eviction, they must give the tenant a full three days to correct the problem. If after three days, the tenant is still in violation of their lease, the landlord is free to contact the court and file a Summons Complaint for Unlawful Detainer

When the lease has expired or if there isn’t a formal rental lease in place, the landlord is free to evict the tenant, but only after they have provided a Notice to Quit. In rentals that have a month-to-month rental agreement, thirty days’ notice must be given before ending the lease. If the tenant has been living in the month-to-month rental for a full year or more, a sixty-day notice is required.

Whenever you are about to sign a new rental agreement or end a current one, it’s a good idea to review California’s rental laws

 

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Teens Need to be Smart While Partying This Halloween

By | Bail Bonds In Visalia, Carls Bail Bonds

Everyone knows that the best parties happen at Halloween. There’s something about the combination of extreme sugar, spookiness, and the strange cheerful zaniness of the season that makes the parties even more memorable. It’s why so many teens spend days learning about what Halloween parties are taking place and deciding which they’ll attend or skip.

While there’s nothing wrong with going out and having a great time at local Halloween parties, teens do need to be smart and make sure they’re not breaking any laws while they have the time of their lives. 

The first thing to remember is that parties aren’t a secret like they once were. Thanks to teens using social media sites to plan and discuss parties, it’s easy for the police to use the same social media sites to gain information about the party. If they get the impression the Halloween party is going to have a lot of drug use or underage drinking, it’s reasonable to assume that they could show up on at the party site and start making arrests.

Even if the cops don’t learn about the Halloween party via social media, if someone complains about the noise or something else that’s happening, the police will put in an appearance. While they are at the Halloween Party, they will be actively looking for intoxicated teens.

This year, like in previous years, the police and courts are not fooling around when it comes to underage drinking. It doesn’t matter that it’s Halloween and that you only had one beer to celebrate. If they catch you drinking, you will face steep consequences that will have an instant impact on your life and your immediate future.

Teens who are caught drinking at Halloween parties will:

  • Lose their driving privileges for as long as a year if they’re caught driving with anything more than a .01 blood alcohol level.
  • Be fined up to $250 (plus court costs)
  • Be required to participate in drug and alcohol counseling
  • Be required to complete 24-32 hours of community service

If you’re going to a Halloween party, it’s important that you’re aware that even if you’re not actively drinking when the police knock on the door, you could still be in trouble. Just by holding a drink in your hand, you can be charged with being in possession of alcohol while a minor

If you’re a teenager, the best way to enjoy the holiday without potentially getting into trouble with the law is to make sure to only attend alcohol-free parties.

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How to Confirm that Candy is Safe After a Fun Night of Trick-or-Treating

By | Bail Bonds in Tulare, Bail Bonds In Visalia

 

Ever since 1974 when Ronald Clarke O’Brian gave his son Halloween candy that was laced with a fatal dose of poison, everyone has been worried about the possibility of their own child ingesting fatal candy

It’s easy to understand why parents are fearful. Kids are going door to door and stocking up. Some of the kids will often eat their bounty as they walk from one home to the next. All the kids know is that they are getting a rare, sugary treat. The idea that it could be dangerous doesn’t even cross their minds.

Parents know that while the vast majority of people who answer their door on Halloween night and pass out candy are good and decent people who wouldn’t dream of handing out toxic candy, they also know that there’s always a chance that their child could cross the path of a dangerous psychopath who doesn’t like kids.

The good news is that there are some steps parents can take to make sure their child only enjoys safe candy this Halloween.

The first thing you need to do is commit yourself to watch your child like a hawk. Don’t assume that just because you told your child that they weren’t allowed to eat the candy until you have a chance to inspect it that they’ll listen. Stay close to your child and make sure they aren’t sneaking treats. This is why it’s good to have a couple of adults accompanying your child while trick-or-treating. The more adult supervision there is, the less likely it is that your child will take advantage of you looking away for a moment and grabbing a piece of candy.

As soon as possible, take a moment to inspect the candy. Commercially wrapped candy bars are great because it’s easy to inspect the packaging for signs of tampering. While broken seals and holes in the package don’t necessarily mean that the person who handed out the candy laced it with something harmful, the packaging does occasionally become damaged, the damage does mean you can’t let your child have it. 

If the candy’s packaging is damaged, make a note of the address, keep the candy away from your child, and bring the candy to the police for testing. Do not confront the person who passed out the candy. 

Another way you can make sure your child enjoys Halloween but doesn’t end up with tainted candy is by avoiding the act of going from one stranger’s door to another. Instead, look for businesses that have collaborated and put together a trunk and treat event for the kids. These events have turned into a wildly popular solution for parents who want to minimize the risks connected to trick-or-treating but who also want their kids to enjoy Halloween.

Your third option is to limit your trick-or-treating to the homes of trusted family members and friends who you know will only hand your child candy that’s safe.

Have fun and stay safe the Halloween!

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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.

 

 

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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.

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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?

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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?