How Long Do You Have to Wait Before Going to Court?
One of the major downsides to the judicial system is how long it takes. The amount of time that passes between an initial arrest and the defendant finally getting their day in court is often incredibly long.
The first time you’ll see the inside of a courtroom following an arrest is within 48 business hours of your arrest. This particular court appointment is called an arraignment. The purpose of the arraignment is to formally hear the charges you’re facing and for the judge to determine if they’ll grant bail and, if they’re going to grant bail, how much is an appropriate amount.
Some minor charges don’t require an immediate arraignment.
In California, if you’re facing misdemeanor charges, everybody works hard to get you through the court process as quickly as possible. According to state law, anyone facing misdemeanor charges and who is being held in custody is entitled to have a formal trial within 30 days of their arraignment or the date they entered an official plea. If you made bail and aren’t being held in custody, the court has 45 days to arrange your trial.
Another law California has is that the trial must start within ten days of the trial date getting formally set.
Cases involving felony charges are a bit different.
The first difference is that you don’t go from the arraignment to the trial. First, you’ll go through a pre-hearing. The purpose of the pre-hearing is for the prosecution to convince the judge that they do, in fact, have enough evidence supporting the charges to indicate that there’s a chance they could sway the jury. This preliminary hearing must take place within ten business days of your arraignment.
If the judge approves the prosecution’s case, the prosecutor has just 15 days to file “information,” which is the term used to describe the filing of a formal felony complaint against you.
The exact amount of time it takes after this for the case to be heard by a jury depends on the complexity of the case and the court’s schedule.
What Happens if You’re Accused of Stalking in California
Stalking accusations are taken very seriously in California. Every single person connected to the state’s judicial system understands that stalking often escalates into more serious crimes, which is why they will quickly launch an investigation when someone accuses you of stalking them.
Whether you actually are stalking them or it’s an accusation that has been made in an attempt to get you into legal trouble, it’s in your best interest to start preparing yourself for what the future could hold if the police find enough evidence to justify filing stalking charges against you.
Stalking is dealt with in California’s Penal Code 646.9 PC. Reading through the law is the best way to fully understand what the state does and doesn’t consider stalking. The law reads:
“Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking…”
While stalking is taken very seriously by the entire California legal system, it is also one of the state’s wobbler offenses, meaning that you could be charged with a misdemeanor or a felony. Things like your criminal history, if any threats were made, how long the stalking took place, how intense the stalking incidents were are taken into consideration when a judge decides if you should be charged with misdemeanor or felony stalking.
If you are charged with misdemeanor stalking in California, you shouldn’t assume that you’ll get off lightly. If convicted, the judge could sentence you to a full year in a county jail and/or fine you $1,000. It’s also possible that you’ll be required to take some education courses such as anger management and substance abuse recovery.
The sentence for felony stalking in California is a three-year span in one of California’s state prisons and a fine that could be as much as $10,000.
It’s important to note that stalking is one of California’s Three Strikes crimes, meaning that the third time you’re convicted of felony stalking will result in a minimum sentence of 25 years in a state prison.
The Lasting Consequences of a DUI | California Laws
It’s likely that you already know that the first time you’re convicted of a DUI in California, you will lose your driving privileges for a period of time, be required to pay some hefty fines and have to take some substance abuse classes.
What you may not have considered is the long-term impact that a single DUI will have on your life.
The first thing you need to consider is how your employability will change following your DUI. The biggest challenge comes right after you’ve been sentenced and have your driving privileges revoked. How are you going to get to work? How will you get home? If you’re unable to make the commute to your current job because you are no longer able to drive, will your employer give you a leave of absence and allow you to return to work once your driving privileges are reinstated, or are you going to have to look for another job?
The DUI conviction could also impact your ability to get another job. Some employers specifically ask if you have a criminal conviction on your record when you apply. Whether you have to disclose your DUI depends on how the question is worded. If they are only asking about felony charges, you can avoid mentioning the conviction. However, if they ask about any criminal offenses, including misdemeanors, it’s in your best interest to mention the DUI. This protects you if the potential employer runs a background check that turns up the DUI conviction. At least they won’t think you’re dishonest.
Be prepared for the DUI to play a painful role in your budgeting for a long time to come. Not only will you have to deal with the court fines connected to the conviction, but it’s also going to have a seriously negative impact on your car insurance. Many insurance companies will drop you after you’ve been convicted of a DUI. Even if your insurance company does decide to keep you on as a customer, you should be prepared for your premiums to skyrocket and for them to stay high for a very long time.
The first time you’re convicted of a DUI in California, you’re potential sentence could include a six-month suspension of your driver’s license, a $390-1000 fine, DUI school, and up to six months in a county jail.
California’s 3 Most Common Driving Infractions
Every single day, hundreds of drivers throughout the state of California receive traffic violations. While obtaining a ticket for many things is possible, some traffic violations are more common than others.
Speeding
While there aren’t any hard stats showing how many speeding tickets are written by California patrol officers daily, it’s fair to say that speeding tickets make up the bulk of California’s traffic violations.
The exciting thing about speeding tickets is that many drivers, especially younger drivers, don’t think they are a big deal. Drivers don’t understand a speeding ticket’s long-term financial impact on their lives.
The first thing to consider is the cost. The base fee of a California speeding ticket is $35-$200, but that isn’t all you’ll have to pay. There are also fines, fees, and costs connected to the ticket. That $35 ticket will cost you about $150 or more when all is said and done. The faster you are going, the more the speeding ticket will cost. In addition to the traffic ticket fees, you will also see an increase in your car insurance, which could be years before your premiums decrease.
Reckless Driving
California drivers have a severe problem with reckless driving. Reckless driving tickets are issued when a driver is driving in a manner that displays a disregard for your safety as well as the safety as others. In California, many reckless driving incidents involve road rage.
Reckless driving in California isn’t a laughing matter. Depending on the circumstances surrounding the incident, it’s possible that the issue won’t be treated as an infraction, but rather a misdemeanor. If someone is killed in a reckless driving incident, the situation could be handled as a felony.
Using a Cell Phone While Driving
Despite all the warnings, people continue to use their cell phones while driving. Since this has led to several traffic accidents throughout the years, California has adopted strict cell phone driving violations. While you can use a hands-free setup while driving, you’re not allowed to use the phone traditionally. You’re also not allowed to text while you’re driving. In addition, if you are caught driving and using your cell phone, you will receive a negligent operator point on your driving record for each violation in 36 months.
How Parking Tickets Impact your Driving in California
Very few drivers in California haven’t received at least one traffic ticket. In most cases, the driver sputters a little bit, pays the fine, and moves on with their life. However, some California drivers have racked up lots of parking tickets.
There are two reasons drivers fail to pay for their tickets. First, they simply don’t have the money needed to cover the fine. The second, and more common reason is that they don’t think parking violations are a big deal and simply ignore them.
If you fall into the second category of drivers, there are a few things you should know about outstanding parking tickets in California. California’s government depends on the revenue they collect from tickets. They are determined that you should pay the fines connected to the tickets. The first step the government does is increase the amount of money you must pay. The older the outstanding parking ticket is, the heavier the fine is.
If the fine remains unpaid, the court doesn’t beg you to pay the ticket. Instead, the suspend your drivers license. Once this happens, the only way you’ll regain your driving privileges is by paying the tickets as well as any fees connected to reinstating your driver’s license. Before you consider driving with a suspended California driver’s license, consider that doing so is a misdemeanor. If you’re caught, you’ll be arrested. If you get into an accident, the insurance company will likely use the fact that you weren’t supposed to be legally driving as an excuse not to pay out on the claim.
Fentanyl Crisis In California | What You Should Know
It seems like every few years, one drug falls out of favor, and another takes it’s place. In the past, serious concerns have been raised about LSD, heroin, cocaine, meth, and more. The current drug of concern is fentanyl.
Technically speaking, fentanyl is a legal drug. It’s a synthetic opioid that’s used to treat pain. When used properly, it improves the quality of life for those who struggle with chronic pain. The problem is that fentanyl has become a street drug. The illegal use of fentanyl has led to a steady increase in overdose deaths during the past decade. There is even a current case that’s gaining a great deal of national media attention in which a wife is accused of using fentanyl to murder her spouse.
Using fentanyl without the use of a prescription is illegal, but the legal consequences of using fentanyl are in the process of becoming more severe.
The House of Representatives recently passed legislation that’s specifically geared towards individuals who abuse fentanyl. It is an issue that has helped unite both Democrat and Republican politicians.
One of the main purposes behind the new legislation is to have fentanyl listed as a Schedule 1 controlled substance. If the legislation becomes law, it means that the prison sentences for fentanyl related crimes will become significantly more severe. While the bill still has to gain both Congressional and Presidential approval before it becomes law, it does appear that the White House is in favor of the bill.
At this point, if you’re caught with a small amount of fentanyl and don’t have a prescription, you will likely be charged with a misdemeanor. If the quantity is larger, you’ll face felony charges. The biggest decision maker between a misdemeanor and felony is the amount of fentanyl you are in possession of and if you have it for personal use or if evidence suggest that you’re involved with the sale or trafficking of fentanyl.
It is not unusual for someone who is in possession of a large amount of fentanyl to be convicted of a drug crime and be sentenced to up to ten years in prison. If you’re accused of trafficking fentanyl, you will face federal charges and could be sentenced to spend the rest of your life in prison and/or fined $1 million and $50 million.
Tips for Finding a Safe Rental Property
While there are many perks connected to living in California, the ability to easily find rental properties isn’t one of them. While it’s possible that there are some areas in California where safe and affordable rental properties are available, those locations are very rare. Difficulty finding rental properties is an issue that plaques nearly all of California’s large cities.
No matter how desperate you are to find a rental property where you can live, you must remember that your safety is very important. You do not want to put yourself in a position where you are always worried that something is about to happen. Here are a few tips that will help you find a safe rental property in California.
Check Out the Neighborhood Crime Stats
These days, it’s easy to learn not only what the crime rate in a particular neighborhood is, but to also find out what the most common types of crime are in the area. There are several sites that will provide a great deal of information about the crime rates in an area, allowing you to gain the information you need in just a few minutes.
Learn What Safety Precautions the Property Owner Has Taken
One of the first things you should do when you’re looking at a property is learning what type of safety precautions the owner has taken. Find out what types of locks are installed on the doors. Are there security cameras at the entrances? If the property is a multi-family dwelling are the other residents long term tenants, or are the other units used for short term rentals, such as Airbnb’s? Can the windows be locked? Are there bars over the windows? Are you allowed to make changes that would improve your sense of security.
Carefully Examine the Property for Potential Hazards and Safety Concerns
Most people only think about crime rates when considering the safety of a potential rental. While crime rate is important, it’s also important to really consider what type of hazards are found on the property. Are there maintenance or clutter issues that could lead to trip and fall accidents? Is there something noisy nearby that could cause you to lose precious sleep? Do the stairs have banisters? Is the home in decent enough repair that you don’t have to worry about thing falling apart? Are the appliances in good working order.
Don’t let the scarcity of rental properties in California distract you from considering the pros and cons of every rental property you look at. Considering the potential safety hazards only takes a few minutes and could spare you a great deal of stress and worry once you’re locked into a contract.
How to Get Bailed Out of Jail Quickly In California
No one wants to sit in a jail cell longer than necessary. The longer you’re locked up, the larger the financial, emotional, and even mental toll the experience takes on you. The good news is that there are some things you can do that will help speed up the bail bond process.
Stay Calm, Cool, and Collected
The worst thing you can do after being arrested is lose your temper. Not only will throwing a fit not accomplish anything, but it can also make the situation worse. It’s not unheard of for a fit of temper to result in a person getting charged with additional crimes after they’ve been arrested. These additional charges delay the process and can result in your bail becoming even higher or even getting denied altogether.
Let Others Know What Happened
Many people try to hide their predicament from others, but in the long run, this is a mistake. Letting your loved ones know what has happened is in your best interest. Not only can they make sure that everyone close is aware of the situation, but they can also start to see if collecting enough money to post your bail is possible.
Reach Out to Absolute Bail Bonds
We have several decades’ worth of experience helping people just like yourself. The sooner you contact us, the sooner we can help you set up a payment plan, approve your collateral, and connect with a co-signer. The sooner this is done, the sooner we can post the bail bond and release you from jail.
Another thing that helps speed up the process is having some critical information that we require on hand when you first contact us.
To start the bail bond process, we need the following things:
- Your legal name
- Date of birth
- List charges you’re facing
- What jail you’re being held at
- Your inmate/booking number
- The bail amount
The reasons you should contact Absolute Bail Bond include the following:
- 24/7 Bail bond service
- 20% Discount for veterans
- Phone/online approvals
- 0% Interest payment plans
- No hidden fees
- No collateral is required for working signers
Consultations are always free. Simply call 1-800-793-2245 for additional information.
How to Keep Your Life on Track While You’re Out on Bail
Just because you have been released from jail on a bail bond doesn’t mean you’re life will go back to being completely normal. You’ve only been released from jail. Official criminal charges against you will still impact your living over the next few months. You must keep your life on track and organized until your legal matters have been settled.
Here are a few tips that will help you keep your life on track while you’re out on bail.
Review any Restrictions Connected to Your Bail
If you have only been charged with minor crimes, likely, there aren’t any real restrictions connected to your bail. However, if the charges are more serious, the judge probably laid out some rules you must follow if you don’t want your bail revoked. Take some time to review these restrictions and make sure you fully understand how they will impact your day-to-day life.
Let Your Employer Know About Your Situation
Many people hope to hide the news that they’ve been arrested from their employer, but that isn’t always a good idea. First, information about who has been charged with what is readily available in local and online papers. If your employer frequently checks police records or county information, they will likely learn about your charges. It’s far better that they get the news from you.
The second issue is that there will be mandatory court dates in your future; it’s important for your employer to understand why you need those upcoming times off.
Arrange Your Finances so That you Have Budgeted for Bail Bond Payments.
If you signed up for Absolute Bail Bonds zero-down, zero-interest payment plan, you will want to sit down with your normal budget and figure out how to incorporate the regular payments into your budget.
Record Court Date Onto Your Calendar
The most important rule connected to being bailed out of jail is that you must attend all of your mandatory court dates. Don’t assume that you don’t have to go just because it’s something only your lawyer will speak about; you still do. Failing to appear at any mandatory court dates results in the automatic revocation of your bail.
In addition to knowing your court dates, make sure you take some time beforehand to arrange for reliable transportation.
The services our clients enjoy include the following:
- 20% discounts for some applicants
- Zero worry about hidden fees
- Zero-down bail bond
- Zero-interest bail bond
- Flexible payment plans
- Simple contracts
- 24/7 service
- Phone consultations
- Online consultations
To learn more about bail, call (800)793-2245. Free consultations are available 24/7!
Traveling with a Motorcycle Group? Follow These Safety Tips
There are multiple perks to traveling with a motorcycle group as opposed to riding on your own. The top two are that having people along who are as passionate about motorcycles as you makes the entire trip more enjoyable, and that traveling with a group is safer than riding solo.
If you’re planning a group motorcycle adventure this summer, here are a few things you should keep in mind.
Set Up a Pre-Ride Meeting
Don’t underestimate the importance of a pre-ride meeting. A week or two before the planned trip, get together, either in person or virtually, and go over the details of the trip. Make sure everyone understands the itinerary, the route, and all the other things that are expected to crop up along the way. Make sure safety and how to handle emergencies is one of the topics discussed.
In addition to being a great way to help keep the trip organized, the pre-ride meeting is also a wonderful opportunity for any riders who are new to the group to introduce themselves and to start cultivating friendships.
Go Over the Hand Signals
Hand signals are a huge part of riding with a group of fellow motorcycle enthusiasts. Even if everyone has a radio, you must remember that electronic communication often fails so you should always plan on using hand signals in addition to vocal cues. Right before everyone embarks on the journey, take a few minutes to go over the type of hand signal everyone in the group is to use and what that signal looks like.
Hand signals everyone in the group should be familiar with include:
- Follow me
- Hazard in the roadway
- Proceed with Caution
- Pull off
- Single file
- Slow down
- Speed up
Plan Breaks
Even if you are the type of rider who can go for hours without a real break, don’t assume everyone else in your group is the same. You should plan on taking frequent breaks. Ideally, you should plan your breaks during your pre-ride meeting. By having planned break locations along the route, you create a situation for everyone who might get left behind at some point to catch back up.
Use the break as an opportunity to check in with everyone. In addition to making sure that they are comfortable, not fatigued, and still enthusiastic, these break-time check ins are a great opportunity to handle minor repairs, address concerns that have cropped up, and even tweak the itinerary.
Make Sure You Have All the Essentials
Before leaving on the trip, make sure everyone has plenty of:
- Food
- Water
- Safety equipment
- First aid supplies
- Fully charged phones
- A copy of the itinerary
The more organized you are while planning the group motorcycle trip, the more fun everyone will have during the adventure.