Consequences Of Aggravated Trespass in California
Most people don’t know that there’s such a thing as aggravated trespass in California until they see it’s one of the criminal charges they’re facing. Aggravated felony trespass is addressed in Penal Code 601 PC. The fact that you’re facing an aggravated trespass charge indicates the police have gathered evidence that suggests you threatened to physically injure someone and used the threat to gain entrance to their home/workplace/etc. without them granting permission. It should come as no surprise to learn that aggravated trespass is far more serious than a standard trespassing charge.
It’s important to note that sometimes the threat of physical harm and the actual trespassing act don’t always have to happen at the same time for a charge of aggravated trespassing to be filed against you. If you have threatened violence within 30 days of the trespassing act, aggravated will be added to the charges. An example of this is threatening to attack an ex and then having a knife/hammer/bat/gun on hand when you unlawfully trespass on your ex’s property a week later.
Given how serious aggravated trespassing sounds, many people are surprised to learn that it is one of California’s wobbler offenses. That means it can be handled as a misdemeanor or a felony. Generally, the exact circumstances of the threat and the accused’s conduct while they were trespassing determines if they face misdemeanor or felony charges.
A person convicted of misdemeanor aggravated trespass could be sentenced to as much as one year in a county jail and/or misdemeanor probation. For a felony conviction, the maximum sentence is three years in a county jail and/or felony probation. It’s worth noting that the felony conviction could negatively impact your right to own a gun in California.
While an aggravated trespassing charge seems grim, some defenses can be effectively used.
The first defense is that the accused owns the property or works on the property where they allegedly trespassed. It’s impossible to trespass on a property that’s legally your own. The law about trespassing/ownership/property rights does get confused if the property is being leased by someone else.
Another defense that’s been successfully used in aggravated trespassing cases is that no credible threat was made. In these cases, the burden of proof rests on the prosecution’s shoulders. If they can’t prove that there was a credible threat, the charges will be reduced to standard trespassing.
There is a time limit connected to aggravated trespassing charges. California law dictates that the threat and the trespassing act must happen within 30 days of each other.
Does Rehab Reduce Your Sentence in California
No one wants to go to prison. As soon as someone is initially booked and arrested, they suddenly realize how massive an impact a guilty conviction will have on their future. They often start wondering what they can do to make themselves look good and potentially reduce their sentence.
In drug and alcohol-related crimes, it’s common for the person to wonder if going to rehab prior to their conviction could result in a reduced sentence.
There is no black and white answer. Sometimes, going into rehab will lead to a reduced sentence. Other times, going into rehab won’t have any impact at all.
The biggest advantage to going into rehab before you’re officially sentenced is that the act of entering into treatment shows that you are serious about changing your life and that you have already taken the first steps. Many judges will likely take this obvious desire to change into consideration, particularly if this is the first time you’ve been in trouble with the law.
On the other hand, some crimes have a mandatory minimum sentence. In these cases, there’s very little the judge can do, even if you’ve already shown a desire to change and seek treatment.
If you’ve been arrested on drug-related charges and are wondering if a rehab program will lead to a reduced sentence, it’s in your best interest to discuss the matter with your lawyer. The other way to look at it is that entering rehab is likely going to improve your life and will greatly reduce the risk of you inadvertently doing anything to jeopardize your bail agreement.
If you have already been convicted of a drug-related crime and have been sentenced to probation which includes drug testing, it’s a good idea to enroll in a drug rehab program as quickly as possible, even if court-ordered drug rehab wasn’t part of your original sentencing. Being in the rehab program not only gets you clean but will also provide you with the tools needed to stay clean the entire time you’re on probation.
What Happens if a Party Your Hosting Gets to Loud
Everyone loves a good party, but sometimes parties can get out of hand.
One of the biggest problems with parties is that they often get steadily louder as the party progresses. The issue is that the people who are attending the event rarely notice that the volume on the music keeps getting bumped up and that more people are shouting and having a good time. While you and your guests might not notice the noise, you can assure your neighbors do.
Some people will be nice and call you to request that you quiet things down. Other people contact the police and immediately lodge a formal complaint.
If you get a call from a neighbor who would like you to tone things down, be polite. Listen to their problems and then promise to do something about them. Remember, to actually carry through with your promise. If the noise continues, the next call your neighbor makes will be to the police.
There’s a good reason you don’t want to get the police involved. The most obvious is that you don’t want them to decide that the party is too loud. Not only do they have the ability to put an end to your good time, but they can also make your immediate future very difficult.
While you might be having a good time, if your party is considered too loud by the police, they can say that you are deliberately creating a loud and unreasonable amount of noise and can charge you with disturbing the peace. This charge is far more serious than you might imagine. If you’re convicted, you could be sentenced to 90 days in a county jail and fined up to $400. That’s a big repercussion for hosting a party that got a little out of hand.
The truth is that you could be lucky if disrupting the peace is the only charge you’re facing. While they are at the party, the police could find additional reasons to arrest more people. Common reasons people get arrested at parties the police have responded to include that there are drunk minors at the party, some people are displaying drunk and disorderly behavior, building code violations, and even getting too cocky and assaulting a police officer.
All things considered, the next time you throw a party, it’s in your best interest to keep the volume down or make sure all of your neighbors are invited.
Be Smart. Don’t Drink and Drive on St. Patrick’s Day
Many people spend the entire year looking forward to St. Patrick’s Day. The holiday is a huge deal in some locations, particularly those that have a large Irish American population.
The great thing about St. Patrick’s Day is that the holiday is basically a 24-hour party. Many bars and restaurants run all sorts of special. Many cities host parades. Sports teams often wear special uniforms and have an assortment of events planned for the holidays.
It’s also a day when many people are arrested for drunk driving. Nothing ruins an otherwise fun day as getting arrested because you made the mistake of sliding behind the wheel after you’ve had to
much to drink on St. Patrick’s Day.
The police and court officials don’t care that you simply wanted to have a good time on St. Patrick’s Day. Their main concern is keeping California’s residents safe from drunk drivers.
Getting arrested for drunk driving on St. Patrick’s Day will ruin your immediate future. The judge won’t go lightly on you because you wanted to have a good time and celebrate a saint. If it’s the first time you’ve ever been convicted of drunk driving in California
If you’re convicted of DUI for a St. Patrick’s Day incident you will be charged with a misdemeanor and could spend up to 6 months in a county jail and be ordered to pay a $390-$1000 fine.
The sentencing for subsequent DUIs becomes increasingly more severe. If someone is injured as a result of you driving while intoxicated, you will face additional charges and also likely be named as the defendant in a civil lawsuit.
The best way to avoid being arrested for a DUI on St. Patrick’s Day is making sure you have a designated driver or calling a taxi/rideshare.
What you shouldn’t plan on doing is sleeping it off in your car. While this may seem like a perfectly good idea, if you’re spotted getting into your car after you’ve had too much to drink, there’s a chance an officer will decide that you intended to drive and arrest you. While a conviction for the intent to drive while intoxicated isn’t nearly as serious as an actual DUI, it’s still intense. The rule of thumb for an intent to drive drunk conviction is that the sentence is half of what you would get if you were charged with an actual DUI. So instead of serving 6 months in jail, the judge could sentence you to three months and/or charge you a $195-$500 fine.
Laws About Hitting a Pedestrian in California
California has a reputation as being a great place for pedestrians. The weather makes it possible for pedestrians to walk year-round and the state has done a wonderful job of creating places where pedestrians can stroll without encountering traffic. While pedestrians are invited to enjoy the benefits of walking, it’s important to understand that if you decide to stroll, there’s a chance you could be hit by a car. It’s equally important to understand that the odds of you having a pedestrian-car incident have increased in recent years.
Studies indicate that life for pedestrians is becoming increasingly dangerous. The Governors Highway Safety Association recently gathered data that indicated that the number of pedestrian deaths in the United States increased by 35 percent between 2009 and 2017. According to Triple-A, things are getting worse. The organization reported that from 2010 to 2019 pedestrian deaths increased by 46%.
It doesn’t appear that there is one particular reason pedestrian deaths have risen so much. Some feel that the fact that drivers are getting older could play a role. Another issue is the fact that drivers continue to ignore warnings about using cell phones while driving. It’s worth noting that not all pedestrian/car incidents that involve phones aren’t because the driver was using their phone. In 2010, an estimated 78,000 pedestrian injuries were the direct result of the pedestrian using their phone and not paying attention to their surroundings.
If you drive in California, you have a responsibility to look out for pedestrians. It’s an aspect of being a good defensive driver. Since California has a reputation for being such a great pedestrian state, you must assume that you’ll see a few people walking whenever you drive.
When you do see people walking, automatically check how you’re driving. The last thing you need is to be accused of reckless driving that resulted in you striking a pedestrian. It doesn’t matter if you fail to yield, are speeding, or are distracted, if you strike a pedestrian with your vehicle and there’s proof that you’re at fault, you could face steep fines, jail time, and civil lawsuits.
When you see a pedestrian walking, particularly if they are using their phone, give them as wide a berth as possible. Don’t automatically assume that they will stop at crosswalks, pay attention to no crossing signs, or that they won’t suddenly veer off the sidewalk.
You Can Still Get Your Drinks To-Go
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 Covid-19 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?
We’re Quick, Right To The Point
We don’t want to waste your time (we know it’s precious and there’s no time to waste) so we’re going to get right to the point.
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- Phone approvals; if a face-to-face meeting is necessary, our agents go to you.
See how quickly we laid out what we can do for you? Error-free speed is our thing – we work very fast (and don’t worry we don’t cut corners either) to get people bailed out of jail, and our process, efficiency, and reliability won’t be any different for you and your loved one.
Contact someone at Absolute Bail Bonds in Los Angeles by opening a chat room online with us, or by calling us at (800)793-2245. We absolutely won’t let you down!
How to Report a Crime in California
It doesn’t matter if you’re the victim of a crime or if you have seen a crime take place. You should always report the situation to the police. Here’s how to go about doing just that.
Don’t try to take matters into your own hands. One of the biggest mistakes you can make is attempting to stop a crime that’s in progress. While it’s commendable that you want to do something about the situation, the odds of you getting hurt are extremely high. Stopping a crime that’s in progress isn’t worth jeopardizing your safety. When you witness a crime taking place that isn’t jeopardizing anyone’s actual health safety, don’t get involved. Simply report the situation to the police and let them handle it.
When you see a crime taking place, the first thing you need to do is get yourself to a safe place. Once you’ve addressed your personal safety, pull out your cell phone and contact 911. Explain what is happening. The 911 operator will advise you on the best way to protect yourself and also put you into contact with the police.
When the police reach out to you, give them as much information as you can. The more accurate you are about times and locations, the better the chances are that the prosecution will put together a successful case that will end with the criminal getting convicted.
Follow the police’s advice to the letter. If they want to speak to you in person right away, they will advise you on where to wait for them. If they want you to come to the police station and file a report, they will tell you which station to go to and whom to speak with.
It’s important that your memory of the incident remains clear. It doesn’t take much time for a memory to shift or fade, so it’s not a bad idea to grab a piece of paper and write down everything you remember about what you’ve witnessed. This includes a detailed description of the person/people who committed the crime.
If an arrest is made and the case goes to court, you’ll be called on to testify. The prosecutor that’s handling the case will provide you with the information you need to be a reliable witness while on the stand.
Valentine’s First Date Safety Tips
Valentine’s Day is right around the corner. Those of us who are single often feel that the holiday is the perfect day to arrange a first date and hopefully strike up a romance. The problem is that some of us are so fixated on connecting romantically, that we sometimes overlook basic first-date safety measures and will find ourselves in a dangerous situation.
Drive Separately
These days, most of us go on first dates with people we don’t actually know. In many cases, it’s an internet connection that sounds interesting. No matter how nice and trustworthy that person might sound during your virtual conversations, you need to remember that you don’t fully know them. One of the best ways you can keep yourself safe is making sure that each of you drives separately to your Valentine’s Day date location.
Driving does more than simply prevent you from being located in a small space where you have very little control over things with a person you don’t know well. It also provides you with an easy and accessible means of escape if the date doesn’t go well.
If you don’t have your own car, use an Uber/cab/bus to get to the location.
Tell Your Friends About Your Plans
Secret first dates sound fun and exciting, especially on Valentine’s Day. The other nice thing about secret first dates is that you don’t have to fill your friends and family members in on all of the details if the date turns out to be a dud.
The problem with secret Valentine’s Day dates is that if no one knows where you are or what you’re doing, they won’t know that you could be in trouble. Let at least one trusted person know where you’re going and who your Valentine’s Day date is. They will provide this information to the police if something goes wrong.
Meet in Public
Your Valentine’s Day date doesn’t have to be in a noisy club or even a secluded forest glen. It should be in a public place where people can step in if things don’t go the way you like. If you start to feel uncomfortable during the date, alert someone who is nearby and they can help extract you from the situation.
Never Leave a Drink Unattended
Always keep an eye on your drink. You don’t want your date or anyone else who is nearby, to slip anything into it. If you have to leave your drink, order a new one. Don’t finish the one that was left by itself.
Let Someone Know When You Make it Home Safely
Let the friend/family member you told about the date know that you’ve made it home and are safe. This is a great opportunity to discuss your Valentine’s Day date and decide if this is a person you’re interested in seeing again.
What are your plans for this Valentine’s Day?
Failing to Pay Child Support in California
Child support is always a touchy subject. Often a person’s actual financial situation isn’t taken into consideration when the amount of child support is set. There is also the constant complaint that the child support isn’t going to the child, but rather being used for other purposes. The arguments over child support are often intense and in the end, the parties on either side are unhappy with the result.
It doesn’t matter how unhappy you are about having to pay child support, it’s something you want to stay on top of because failing to do so can result in numerous legal headaches.
It doesn’t matter what you might have on your plate, paying your court-ordered child support should be your first priority. Failing to make the payments on time and in full doesn’t just ruin your credit report, it’s breaking the law. No matter what type of financial hardships you encounter, you need to stay on top of those payments. As soon as you realize that you’re going to have a problem, contact the court so something else can be arranged, but don’t miss a payment while you wait for your hearing with the family judge.
Failing to pay your child support in California has severe legal consequences. In most cases, the state decides to suspend your driver’s license until the payments are caught up. This means that you can’t legally drive. If you’re caught driving without a valid license, you’ll be charged with a misdemeanor, get hit with more fines, and potentially be arrested. The state could also create a levy on your bank account, meaning that they will simply withdraw the amount of the outstanding child support payments. They could also cancel your passport.
In extreme cases, people who fail to pay child support in California are arrested. This usually happens when there is a long history of missed child support payments. Failure to pay child support can result in a one-year jail sentence and a $2,000 fine.
Considering the severe consequences of being late with a child support payment, it’s in your best interest to notify the court as soon as you realize you’re in a financial bind.