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The Difference Between a State and Federal Warrant

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 of us know that the police can’t simply walk into our homes and start searching it unless you’ve given them permission to do so, or if they’ve gone through the correct legal channels and acquired a warrant.

The same is true when it comes to arrests. While there are some exceptions, such as drunk driving, you usually can’t be arrested unless the police have an actual arrest warrant.

What you might not know is that there are both state/local arrest warrants and federal arrest warrants.

The biggest difference between a federal and state/local warrant is the law enforcement agency that is involved in your case.

If a federal warrant has been issued for your arrest, it means that you’re a suspect in a federal crime. To obtain a federal warrant, the agency working on the case must present a federal judge with sufficient evidence that you potentially committed the crime and that the crime is indeed a federal matter.

In some situations, trying to determine if a case is federal or state can be complicated. When this happens, a joint task force that consists of both federal agents and state officers is formed. The joint task force not only allows the different agencies to pool talent and resources but also makes it easier to obtain warrants.

How you should behave if there is a warrant for your arrest depends on how you learn about this information.

If you have heard (or suspect) that an arrest warrant has been issued, but the police haven’t actually knocked on your door, don’t even think about trying to run. Bolting will only make the situation worse.

The first thing you should do is contact a lawyer. Tell them what you know and ask for their advice. They will likely encourage you to turn yourself in. By contacting a lawyer before you’re formally arrested, you can keep them by your side throughout the entire process and make sure that none of your civil rights are violated.

Since the police aren’t currently hauling you to the police station, take a little time to get your personal affairs in order. This is a good time to contact a bail bonds agency and alert them that you’ll likely need a bail bond. If you have children or pets, take steps to make sure they’re properly cared for if you have to remain in jail for a few days. Lock up your home, and make your way to the police station.

If the police show up at your home with an arrest warrant, read the warrant and make sure all the information is accurate. If the information is accurate, calmly and quietly go with the officers. Don’t even think about trying to resist the arrest. Don’t answer any questions, take a plea deal, or discuss the case with anyone until your lawyer has arrived.

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California’s Search and Seizure Laws

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

California lawmakers believe that the common citizen should be as protected from the police as possible. The creation of search and seizure laws is one of the steps lawmakers have taken to make sure that your Fourth Amendment rights are protected. Not only are the search and seizure laws designed to prevent the police from randomly searching an individual’s property, but they also make it impossible for any evidence obtained via an illegal search to be used in a criminal trial.

It doesn’t matter if you’re dealing with county police officers, California state troopers, or FBI agents, you’re still protected by California’s search and seizure laws. Because of these laws, you do not have to allow members of law enforcement to search your property unless they have a valid warrant that’s signed by a judge or if the search marks one of the few exceptions to the rules.

When Law Enforcement Doesn’t Need a Warrant

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California’s Famous Three Strikes Law

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

California’s famous three strikes law was created in 1994 and received voter approval. The murder case of Polly Klaas and Kimber Reynolds was the catalyst for implementing the three-strikes law.

Kimber Reynold’s life was brutally ended in 1992 during an attempted mugging. One of the muggers pulled a gun, placed it against Kimber’s ear, and pulled the trigger before fleeing the scene. Kimber later passed away in the hospital.

A man by the name of Douglas Walker was arrested for his involvement in Kimber’s murder. Walker was able to avoid a life in prison sentence by striking a plea deal. It was quickly revealed that Walker had a history of committing violent felonies. Walker’s violent history prompted Kimber’s dad to start persuing and lobbying for the three-strike law.

In 1994, Polly Klaas was having a great time with friends at a slumber party when she was kidnapped. For two months, the police searched for answers. Polly’s body was eventually found in a shallow grave. She’d been strangled.

Richard Allen Davis was arrested and charged with both the kidnapping and the murder of Klaas. During his trial, it became obvious that Davis also had an extensive history of crime that included assault, attempted sexual assault and kidnapping, abduction, and armed robbery.

Kimber Reynold’s father includes Davis in his lobbying attempt for the three-strikes law. He quickly pointed out that had there been a three-strikes law in effect before the early 1990s, both Kimber and Polly would be alive.

When California’s residents voted on the three-strike law, they were told that if the law passed, it would keep murders, rapists, and others who had a history of violent felonies behind bars. While this has happened, it also turns out that many of the people who have had sentences impacted by the three-strike law aren’t guilty of violent crimes and are actually being forced to serve 25 years in prison for relatively minor offenses.

A common misconception people had with the three-strike law when it was originally enacted is that the person impacted by the law has been convicted of the same crime on three separate occasions but that’s not the case. In many situations, the individual has been convicted of three different crimes. An example of this would be someone who has a felony drug conviction, a felony grand theft conviction, and a felony bribery conviction.

In 2012 California residents decided that the three-strikes law had gone too far and they enacted the Three Strikes Reform Act (also called Proposition 36) which tweaked the original three-strikes act so that nonviolent felons didn’t have to spend the better part of their natural life behind bars.

When the Three-Strikes Reform Act was passed, more than 1,000 prisoners were released. The best news is that of these 1,000 freshly released prisoners, only two percent were later charged with a new felony crime.

The way that the three-strikes rule currently works is that anyone who is convicted for a grand total of three violent felonies sentence will be automatically extended. The extension is anywhere from 25 additional years to life in prison. It’s important to understand that the 25 years is added to the original sentence.

While most people are familiar with the three-strike rule, few realize that there is also a two-strike rule which automatically doubles the sentence of anyone who is convicted of a violent felony crime a second time.

The list of convictions impacted by the three strike law include:

  • Arson
  • Carjacking
  • Murder or voluntary manslaughter
  • Extortion
  • Rape
  • Kidnapping

There have been some cases of a person managing to avoid the three-strike law after their lawyer argued that one of the previous convictions didn’t actually count as a strike.

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Pickpocketing 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

When you think about it, you don’t often hear about pickpocketers these days. It’s not because pickpocketing is no longer a problem, but because crimes involving pickpocketers are either given different names and because they seldom generate any media attention.

According to the CBS affiliate in San Francisco, pickpocketing is still a common occurrence. They reported that on Muni in San Francisco, the number of reported pickpocketing incidents increased by 8 percent in 2018.

Most pickpocketing incidents in California fall into the category of petty theft, which means that the thief’s adventures involved an amount that was less than $400. It’s actually in a pickpocket’s best interest to specifically target people who have less than $400 on them because if the thief is caught and eventually convicted the maximum sentence they ace is six months in a local jail and a fine that won’t exceed $1,000.

Depending on the pickpocket’s criminal history and the exact details surrounding the pickpocketing event, the judge could decide that a sentence of misdemeanor probation is sufficient.

On the other hand, if the pickpocket manages to lift more than $400 from a pocket and is eventually convicted of grand theft, the potential sentence is a maximum of three years in a state prison.

It is worth noting that if a pickpocket accidentally removes a gun rather than a wallet from its target’s pocket, it could be in more serious trouble than they anticipated. The involvement of the gun changes things. It doesn’t matter if the pickpocket knew about the gun or not, the fact that they attempted to steal it automatically means they will face a charge of grand theft in California.

Other factors that can quickly change things for a pickpocket is if they are armed when they picked a pocket if they got into a physical argument during the incident and if they made any verbal threats.

If a gun or knife was on the pickpocket’s person during the incident, the pickpocket will likely be charged with armed robbery. If blows/kicks/bites/etc were exchanged during the incident, assault charges will likely be filed against the pickpocket. If verbal threats were used during the incident, the pickpocket could face intimidation charges.

The best way to avoid pickpocketing charges and accusations is to keep to yourself whenever you find yourself in a crowded situation.