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.
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 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
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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.
What is a Domestic Violence Restraining Order in California?
California has different types of restraining orders. One version is the Domestic Violence Restraining Order. The DVRO can only be used in cases that involve two people who have shared an intimate relationship. It can be used in cases that include fiancées, spouses, couples who have been dating, siblings, parents, children, and grandparents. There are cases where a DVRO was taken out in cases involving in-laws.
Having an intimate relationship with the person you’re trying to get the DVRO against is just one-half of the equation. The second half is that you must have been abused. This doesn’t always mean physical abuse. Suppose you can provide sufficient evidence to support a claim of emotional, psychological, and even online abuse by a person you have a relationship with. In that case, you can apply for a DVRO.
A DVRO can only be granted by a California judge. Once the judge approves the restraining order against them has been granted and to make sure that the individual understands the terms of the DVRO.
While each DVRO goes through a bit of customization to suit each case, it can be used to:
- Make sure the person named in the order can’t contact you
- That they must maintain a specific distance away from you
- If you live together, they’ll be required to move out
- Make sure the named person doesn’t stalk, harm, harass, or threaten anyone the DVRO is designed to protect
A surprising number of people assume that they have to pay to have a DVRO taken out on an abuser in their life. That’s not the case. Not only are you able to fill out the application for a DVRO for free, but the police will also serve your abuser with the papers at no charge.
Some California counties have a policy that requires you to fill out a “fee waiver application” form, and there still won’t be a fee connected to the filing process. The document simply states that you aren’t paying for anything connected to the DVRO.
The amount of time a DVRO remains in effect depends on its type of protection order. If the DVRO was created as a direct result of an emergency, it’s only in effect for seven days. Before the seventh day elapses, you need to file for another DVRO that will last longer.
A temporary DVRO is designed to protect you for 20-25 days. Permanent DVROs can remain in effect for as long as five years. A hearing will take place during which a judge will listen to the case and decide exactly how long the DVRO should last before it expires.
Employment Scams You Need to Be Aware Of
Everyone talks about phone scams, dating scams, and internet scams. Somehow, employment scams slide under the radar.
Employment scams are interesting because few people see them coming.
What’s the Point of an Employment Scam
There are three main reasons that employment scams exist.
Making Fast Money
Some people will launch an employment scam because they want to make money. These types of employment scams are especially common with virtual positions. The way they work is that the person offers a job, but they charge some type of fee, usually in the form of a sign-up fee. The scam’s creator pockets the money and is never heard of again.
Gaining Personal Information
A surprising number of employment scams are designed to gather personal information that can be used for identity theft. These employment scams can happen virtually or in person. They’re effective because no one thinks twice about providing a great deal of information, including addresses, social security numbers, and even banking information, when they are in the process of transitioning to a new job.
Acquiring Free Labor
Probably the most common type of employment scam is the one designed to acquire free labor. The job exists, and the new hire does the work, but for some reason, a paycheck never materializes. The problem that many people face with this type of employment scam is proving that they were, in fact, told that they were going to get paid.
How to Avoid Employment Scams
While it might be impossible to completely avoid employment scams, there are some things you can do to limit the amount of contact you have with them.
Use a Reputable Source to Find Job Listings
Many of us use websites to learn about available jobs. These sites are great for seeing what’s available and comparing one job posting to another. The problem is that some of the job search sites are legit, and some are not. Stick to the sites that have a reputation for pairing people with jobs. If you’ve never heard of a site before or can’t find proof that anyone you know has ever used it, stay away from the jobs they have posted.
Research the Company
Before sending in your application, set aside some time to research the company. Most of job search sites include reviews that are written by people who have been employed by the business. The great thing about these reviews is that not only do they confirm that it’s an authentic business, but it also provides you with some useful insight into the business’s working conditions and allows you to decide if it’s a place you really want to work.
Does it Sound too Good to Be True
If a job is promising you great hours, minimal effort, and extraordinary pay, you should approach it with caution. While there are some really great jobs out there, the general rule of thumb is that if it sounds too good to be true, it is probably a scam.
What Parents Should Know About Fentanyl (Accidental Exposures to Fentanyl)
Every parent should be worried about fentanyl. It’s showing up with increasing regularity in common street drugs. Unfortunately, the synthetic opioid is often missed with common street drugs because it’s a cheap way to increase the potency of other drugs. Fentanyl is 50 times stronger than plain heroin and 100 times stronger than morphine. In some cases, it’s also deadly. With more than 150 USA deaths linked to fentanyl daily, parents should be concerned about their children encountering this opioid.
It’s a Common Drug Additive
Illegal drug makers love fentanyl because they can make it cheaply. Since it increases the effectiveness of the drugs they sell, adding fentanyl to the mix allows them to charge more money. The problem is that if even just a little too much fentanyl is added to the mix, it becomes deadly. And drug manufacturers aren’t careful about how much fentanyl they lace into their products.
Fentanyl is being found with increasing regularity in pressed pills. It’s highly likely any of the following drugs could be laced with fentanyl:
- Xanax
- OxyContn
- Hydrocodone
Your Child May Not Know They Are About to Consume Fentanyl
The increasing number of fatalities linked to fentanyl has made some teens and young adults wary of the opioid. Some try hard to avoid it. The problem is that there have been many instances where the person who suffered from a fentanyl overdose didn’t know the drugs they were using contained the product.
If you’re unable to curb your child’s drug habit, at least teach them how to use test strips that detect the presence of fentanyl. This drastically decreases the odds of them inadvertently suffering from a fentanyl overdose.
A Single Dose of Naloxone May Not Be Enough to Reverse an Overdose
The good news is that naloxone can help reverse a fentanyl overdose. The bad news is that a single dose may not be enough to complete the job. In most cases, it takes at least two doses of naloxone to stop the overdose.
The Sooner You Recognize the Signs of a Fentanyl Overdose, the Greater the Odds Become that Your Child Will Survive
A key component to surviving a fentanyl overdose is catching it and taking steps to reverse the process as quickly as possible.
Symptoms of a fentanyl overdose are:
- Extreme nausea
- Confusion
- Repressed breathing
- Constricted pupils
- Choking sounds
In addition to administering naloxone, as soon as you realize your child is overdosing, you need to contact 911. EMTs are trained in dealing with fentanyl overdoses and have the supplies needed to reverse the process. The sooner your child is in the capable hands of a medical professional, the better their chances of survival become
Different Ways Social Media can get you Into Legal Trouble
Social media is supposed to be a fun way to stay connected to your family and friends, and for the most part, that’s exactly what it is. However, as some people have found out, there are a few different ways that social media can cause you to get into some legal trouble.
Getting a Too Personal with a Follower
Many people make friend via social media platforms and these friendships become long lasting and healthy. The problem is that it’s easy to cross the line on social media, until what you thought was an honest attempt to get to know someone results in stalking and harassment charges.
Online social media is a massive problem. This occurs when you start to become too invested in another person’s life and start forcing yourself into their DMs, become aggressive with the comments you leave on the other person’s posts can make them uncomfortable to the point that they will file charges.
Posting About Illegal Activity
A surprising number of people inadvertently attract police attention by posting about crimes they’ve been involved in. Some simply mention that they were at the scene of a crime. Some people will post images of stolen products. There have even been cases where people were charged and convicted of crimes because they posted detailed information about the crime and their involvement on their social media case.
If you have been involved with a crime or even in activity that seems suspicious, it’s in your best interest to keep the information off of your social media platforms. You don’t want to make it easy for the police to secure an arrest warrant.
The best way to stay out of legal trouble when you’re updating your social media accounts is making sure that you take a few minutes and consider each post. Is it something that will attract the attention of the police, could violate a copyright law, or make it appear that you have a questionable personality.
Posting Images That Aren’t Yours Without the Owner’s Permission
This is one that isn’t discussed as much as it should be. While you may not seem the harm in posting a picture you either found while surfing the ‘net or a sample from a photoshoot you recently had with a photographer, doing so is actually copyright infringement. If the photo’s actual owner is upset enough, they could file charges. This has happened a few times to large companies who posted photos they didn’t actually own. In most cases, the photo’s owner approached the company and asked for compensation.
What Happens if You Fail to Appear for Jury Duty?
Our justice system depends heavily on jury duty. If you are contacted about jury duty, you’re expected to attend and uphold your civic responsibilities.
First, it is important to understand that even though you have been contacted about jury duty and are expected to serve, there are some exceptions. The court will excuse you for valid health concerns as well as a few other reasons. That doesn’t mean that because you’re in ill health, you don’t have to respond to the summons. You will have to contact the court and discuss how to go about proving your concerns and validating them before you’re excused.
While illness is the most common reason for a person to be excused from jury duty, it’s not the only reason. Other valid reasons include the following:
- You’re a full-time student
- Occupational domain
- You’re connected to the case
- You have a strong, unshakeable opinion about one of the issues surrounding the case
- You have a great deal of advanced knowledge of the case
- You’re elderly (once you’ve passed your 70th birthday, you’re no longer required to serve on a California jury.)
If you aren’t able to be excused from your jury duty summons, you are expected to show up at the courthouse at the appointed time and date. The first time you fail to appear, you’ll receive a postcard from the court giving you a second chance. If you ignore that second postcard, you’ll be charged with contempt of court.
Getting charged with contempt of court for missing jury duty is not a laughing matter. This is a criminal charge. You will have to appear before a judge who will decide how you’re failure to honor your jury duty obligations will be handled. They could order you to spend a few days in jail, do community service, or even fine you up to $1,500.
If, for some reason, you’re unable to honor a jury duty summons in California, you are allowed to postpone your jury duty. This isn’t an indefinite postponement. You’re only allowed to ask for two jury duty postponements during a 12-month period.
When all is said and done, it’s in your best interest to handle the jury summons as soon as you receive it.