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Selling Fireworks to 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, Los Angeles Bail Bonds

California lawmakers aren’t thrilled about fireworks and have created laws to restrict their use. The reason such tight fireworks laws exist in California stems from a few underlying concerns that include:

  • Worry about wildfires
  • Safety concerns
  • Trying to keep noises down out of respect to those who can’t handle flashing lights and a great deal of noise.
  • Concern about potential property damage

The state is so determined to keep fireworks as safe as possible, that they’ve created strict laws surrounding the sale of legal of what the state considers dangerous fireworks to minors.

The sale of fireworks in California is dealt with in Health & Safety Code 12702 H. It states: “(a) A person who violates this part by selling, giving, or delivering any dangerous fireworks to any person under 18 years of age is guilty of a misdemeanor and upon a first conviction shall be punished as prescribed in subdivision (b) of Section 12700.

(b) Upon a second or subsequent conviction of the offense, the person shall be punished by an additional fine of five thousand dollars ($5,000), or by imprisonment in a county jail for up to one year or by both that fine and imprisonment. The person shall not be granted probation and the execution of the sentence imposed upon the person shall not be suspended by the court.”

Selling or giving dangerous fireworks to a California minor is a misdemeanor. If convicted, the defendant faces a sentence that includes serving up to a year in a county jail and/or a $1,000 fine.

While most cases that involve fireworks and minors involve the illegal sale of fireworks to minors, individuals who give a dangerous firework to a minor could also face criminal charges.

In the case of fireworks, California prohibits the furnishing of dangerous fireworks to anyone who isn’t at least 18 years old. The types of fireworks the state deems dangerous and therefore illegal for a minor to possess include fireworks that are more than 10 inches long and a quarter-inch in diameter. Specific types of fireworks that are considered dangerous include:

  • Roman candles
  • Exploding golf balls
  • Devil-on-the-walk
  • Chasers
  • Firecrackers
  • Skyrockets
  • Explode on impact torpedoes
  • Firework kits

Any fireworks that are constructed with chemicals that include chlorates, arsenic sulfide, picric acid, phosphorus (excluding red phosphorus,) boron, mercury salts, and gallic acid are considered dangerous.

can-i-get-into-trouble-for-disobeying-a-police-officer

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.

driving-with-young-kids-does-california-require-a-car-seat

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!

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.

you-can-still-get-your-drinks-to-go

You Can Still Get Your Drinks To-Go

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

For as long as most of us can remember if you wanted to go out for a drink, you had to stay at the bar until you were finished. You weren’t allowed to order a drink to go.

During the 2019 pandemic, things changed. Bar and restaurant owners struggled to keep their businesses afloat while their regular patrons worked hard to obey social distancing and self-quarantining laws and stayed home.

The problem prompted lawmakers to take an unexpected step. As the pandemic continued to drag on, they passed a law that made it legal to order a drink to go. The catch was that this was a temporary law, designed to get people through the pandemic.

If you loved ordering your favorite drink from a bar and then taking it home so you could enjoy it in your own home, you’ll be delighted to know you can still do this. The recent passing of Senate Bill 389 allows some bars and restaurants to send customers home with wine and cocktails. Best of all, this law will remain in effect for the next five years. It’s likely that in five years, lawmakers will evaluate the situation and if it’s going well, they could decide to allow to-go adult beverages to continue.

Just because you can order your favorite wine and cocktail to-go, you’re free to do whatever you want with the drink. You still aren’t allowed to drive while intoxicated. Nor are you allowed to drink while you’re driving. Getting caught for either of these things will result in you getting into legal trouble.

You already know about California’s drunk driving laws, but you’re probably less aware of the state’s open container laws. In California, you aren’t allowed to consume alcohol or marijuana while you’re in a car. It doesn’t matter if you’re a driver or a passenger, you can’t have an open container in the vehicle.

If you are caught with an open container in your car, you will be hit with an infraction. The fine ranges from $100 to $250. If the drivers or passengers are underage, the repercussions of the open container is could result in six months in jail or a $1,000 fine.

Do you think that continuing the adult beverage to-go option is a good deal? Do you think that in five years lawmakers will choose to extend the law?

can-you-sleep-in-your-car-in-california

Can you Sleep in Your Car 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

The increasingly rising cost of renting an apartment in California has created an unusual trend. Instead of spending more than half their paycheck on rent each month, some people have taken to living in their cars. This is particularly common in the summer when the weather is warm enough to make life without a heater pleasant.

The increasing number of people who are sleeping in their cars has prompted many cities to start enforcing laws. Some California cities have laws that specifically address the issue of sleeping in your car.

In San Francisco, you’re not allowed to sleep in your car overnight. If you’re caught sleeping in your car, you could be fined up to $1,000. Despite the steep fine, many people continue to live out of their cars in the city. They can skirt the law by parking in a different location each night, making sure they aren’t parked in a place that’s going to attract attention and prompt people to call the police, and they don’t announce that they’re living in their car.

Los Angeles has a law that prohibits people from dwelling in their cars. When you read through the law, you’ll see that it specifically mentions living in your car between the hours of 9 pm and 6 am when your car is parked in a residential neighborhood or when it’s within 500 feet of a school, park, or government building.

If you’re interested in saving money by living in your car, there are a few things you should know.

First, safety is important. Don’t advertise that you’re living in your car. Always park in areas with a low crime rate. Keep your doors locked. Be prepared to defend yourself if you hear someone trying to break into your vehicle.

Before moving into your car, set up a PO box so that you have a place for your mail. You should also consider joining a gym since that will provide you with shower facilities.

Since there is always a chance you could be caught living in your car and fined, make sure you set aside enough money to cover the fine and still have enough money left to live on.

Have you ever spent time living in your car? If so what are your tips and suggestions for making it a successful living situation?

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Spend Valentine’s Day with your Sweetheart, Not a Cell Mate

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

If you think you got into trouble for not remembering to pick up a dozen roses for your sweetheart last Valentine’s Day, we guarantee it’s nothing compared to how mad they will be when you spend this Valentine’s Day in jail. It’s the kind of thing you’ll never stop hearing about.

While we can’t make the charges you’re facing go away, we can make your romantic life a bit easier by making sure your significant other isn’t furious with you. Thanks to our bail bonds program we can arrange things so you’re not only with your sweetheart on Valentine’s Day but also able to take them out for a nice dinner. Trust us, spending Valentine’s Day with them goes a long way to keeping your home life calm and happy.

The best way to make sure you aren’t locked away on Valentine’s Day is by contacting us. We’ve made it incredibly easy. Simply pick up the phone and call. Not only is the consultation completely free, but it’s also with a live, experienced bail bonds agent who will answer all of your questions and help you start the process. Based on the information you provide, we can determine if you’re eligible for a 20% discount, if you need a co-signer, and if we require some type of collateral.

Yes, we do require a 10% fee but we also realize that that amount simply isn’t feasible for everyone. After all, bail isn’t something most people save for. We have tried to make qualifying for a bail bond easier by creating a payment program that includes zero percent interest as well as flexible payments. Taking advantage of our payment plan not only means spending Valentine’s Day with your sweetheart, but also having some money left over for a nice gift.

We have the experience and contacts needed to quickly post your bail bond. Once the paperwork has been filled out and the court has processed the check, you’ll be free to rejoin your sweetheart so you can celebrate the most romantic of holidays. Once you’re reunited, you’ll realize that contacting Kings County Bail Bonds is one of the best decisions you’ve made!

The sooner you contact us, the sooner we’ll reunite you with your sweetheart for Valentine’s Day. For a free consultation call (866) 855-3186 to speak to an agent.