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 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.
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 Does A California Bail Reduction Work?
A high bail amount is often the difference between getting released from jail and resuming your life while your case goes through the slow judicial process or spending all of that time stuck in a jail cell.
When bail is set so high that it seems impossible, one of the options you will likely want to explore is a bail reduction. Before you start the process, you should know that it is complicated, time-consuming, and often doesn’t work out. Another and considerably easier and quicker choice is contacting Absolute Bail Bonds about the possibility of getting bonded out of jail.
If you decide to pursue the possibility of getting the bail reduced, you first need to consider why such a large bail was set in the first place. There are several factors California judges consider when setting bail for a defendant, including the following:
- The severity of the characters you’re dealing with
- If you have a prior criminal history and the types of convictions that history includes
- If the prosecutor plans to file additional charges against you
- If you have an account of failing to appear for court dates
- If there is anything that indicates you are a public safety risk or could potentially threaten the safety of your alleged victims whiles you’re out on bail
If you feel that the judge set bail unreasonably high, you can arrange for your lawyer to file a bail reduction motion. If you can show that the high Bail violated statutory or constitutional factors, the amount will likely be reduced.
Another option that is usually more successful is motioning for a bail reduction due to a change in circumstances. The most common reason for this motion to be granted is that some charges were dropped.
If you find yourself in need of bail and are unable to raise funds yourself, you should contact Absolute Bail Bonds. We are a 24-hour bail bond service with decades’ worth of experience helping people like yourself.
Every single one of our clients enjoys the following:
- 20% Discount
- Phone/online approvals
- 0% Interest payment plans
- No hidden fees
- No collateral is required for working signers
To learn more about how you’ll benefit from an alliance with Absolute Bail Bonds, contact us for a free consultation at (800)793-2245.
What Happens During a Bail Bonds Consultation?
Don’t underestimate the importance of a good bail consultation. The consultation allows you and us to get to know one another and decide if we’re a good fit for your needs.
Several things take place during a free bail bonds consultation.
We Collect Your Information
It doesn’t matter if you’re contacting us about yourself or if you’re inquiring about a loved one, the first thing we do is collect some personal information.
The information we require includes the following:
- The full legal name of the person who requires the bail bond
- The name of the jail they’re currently being held at
- Their booking/report number
- The charges that have been filed against them
- The size of the bail bond they require
Once we have this information, we will be able to learn more about any terms, conditions, and restrictions connected to your release on bail.
The conversation doesn’t stop once we’ve collected the first wave of basic information. We will also want to know some of the same things the judge likely inquired about during your arraignment. We will ask about your community ties if you’re employed, and what your criminal history is like, particularly regarding how reliable you’ve been about attending past court dates.
If you’re calling about a recently arrested loved one, we will want to know your relationship with the individual and if you are willing to serve as a co-signer.
We Discuss the Contract
We require that all of our clients sign a contract. This contract outlines any restrictions you agree to follow while on a bail bond. It serves as a promise from you that you’ll attend all of your court dates. If you cannot pay our fee in one payment, the contract will also outline your payments and when they are due. If you’re happy with the arrangement, Absolute Bail Bonds will sign the contract, and we’ll start putting together the bail bond.
Other Issues that are Addressed During the Consultation
Some other things will come up during the consultation. These issues include:
- Whether you’ll need a co-signer
- How our zero down, zero interest bail bond payment plan works
- How you can communicate with us while you’re out on bail
- The importance of letting us know if anything changes in your life while you’re out on a bail bond
- Whether you’ll need collateral and what you can use
What You’ll Like About the Consultation
The two most obvious things you’ll enjoy about our consultation process is that it’s free and that consultations are available 24/7. You’ll also enjoy that instead of an automated system or chatbot, every single one of our consultations is handled by a live person with a great deal of experience with bail bonds.
It isn’t until you’re involved with the consultation that you’ll fully understand how nice it is to talk to someone who is willing to talk you through the entire process and patiently answer all of your questions.
The sooner you contact us, the sooner we can arrange to post a bail bond and release you from jail. Simply call (800)793-2245 for a free consultation.
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.
How Misdemeanor Probation Works in California
It’s not at all unusual for a California judge to sentence a person to misdemeanor probation rather than actual jail time. This doesn’t mean that you’ve gotten away with anything. It simply means that the judge considers you a low-risk criminal offender and that it makes more sense for you to remain at home instead of spending a few months in a jail cell.
Don’t assume that since you’ve been sentenced to misdemeanor probation, you’re free to do whatever you want. There are still a few rules and requirements you’ll have to follow.
Misdemeanor probation is a sentencing option for most California misdemeanors. Judges frequently use it when the case involves a juvenile or adults who are first-time offenders. The idea behind misdemeanor probation is that it’s not a punishment for a crime but a chance for you to receive some rehabilitation and learn from your mistakes so you don’t find yourself on the wrong side of the law again.
California judges have the option to sentence you to anywhere from one-five years of misdemeanor probation. While five years of probation is on the table, it’s highly unusual for anyone to receive more than three years. While each case can differ, most misdemeanor probations include the following:
- Paying court fines and any restitution connected to the case
- Possible counseling sessions
- Community service
- Drug/alcohol counseling and testing when appropriate
You will be required to periodically appear in court while you’re serving probation for routine progress reports.
While the vast majority of people are delighted to be sentenced to misdemeanor probation rather than actual jail time, every once in a while, someone will reject the judge’s offer of probation. Reasons you may choose to decline probation include the following:
You would rather spend a few months in jail than a few years on misdemeanor probation.
You want to serve some jail time and put the entire matter behind you
You’re worried you won’t be able to stick to the terms of the misdemeanor probation and will ultimately violate probation and be in even more legal trouble
The last thing you need to know about misdemeanor probation in California is that it is possible to violate the terms of your probation.
If you get in involved with a misdemeanor parole violations, the possible repercussions include the following:
- Having your probation time extended
- Being required to pay yet more fines
- Losing your ability to have your conviction expunged from your record
- Possible jail time
Suppose you have been sentenced to misdemeanor probation in California. In that case, it’s in your best interest to meet with your lawyer immediately so they can explain precisely what requirements you must adhere to during your probation time and how to successfully navigate the probation process.
How Does the California Family Rights Act Work?
Everyone who lives in California should dedicate some time to familiarizing themselves with the Family Act. Businesses that are required to grant leave based on this particular Act are all state governmental agencies and any California business that employs at least five people.
The Act requires the business owner/manager to grant leave to any employee who:
- Has just given birth
- Has just had a child placed with them either through adoption or as part of a foster care program
- Needs to handle the immediate care of an immediate family member who has developed a serious medical condition and can not be left unattended for an extended period of time
- An individual who has developed a health condition and needs time to recover (this doesn’t include pregnancy)
- Military reasons
One of the big things the Act does is make it impossible for employers to utilize preference or discriminatory reasons when it comes to who does and doesn’t get left. Now that the Act is in place, anyone who requires the time off for the reasons included in the Emergency Family Act must be given the time they require to adapt to discover their new normal.
You’re not allowed to simply walk up to your manager one day and say that you need time off because of the California Family Rights Act. Whenever possible, such as when you’re anticipating a baby, you should try to provide your employer with at least 30 days advanced warning so that they can make the necessary adjustments to the schedule. If thirty days advanced warning isn’t enough, do try to alert your employer to the situation as soon as possible.
Your employer is legally allowed to require a written certification from a suitable professional that basically confirms your need for the time off. In health-related cases, this proof should come from the attending doctor. If the emergency relates to a pending adoption or the arrival of a foster child, the connected agency should provide the proof your employer requires. While the employer is allowed to request proof that you need the time off, they aren’t allowed to ask for specific details.
While your employer can require that you use some of your paid sick days during the emergency time off, they aren’t allowed to demand that you use any vacation days. Your employer is also required to keep up with your group health benefits, including the portion of the cost that the employer’s shoulders.
When you’re using the Family Rights Act to get time off of work so you can deal with a situation at home, you’re entitled to a full twelve weeks. Most importantly, your employer has to hold your position for the entire twelve weeks.
If you suspect you’re going to need to invoke the California Family Rights Act in the near future, you should talk to your employer now, so everyone is prepared for the situation and can handle it in a stress-free manner.
Bereavement Leave in California
Bereavement is the time it takes a person to handle the passing of a loved one. It isn’t much time. It is literally just enough time to arrange for a funeral and to handle the immediate legal necessities connected to your loved one’s passing. Once the bereavement period has passed, you’ll have to return to work or arrange for personal time.
One of the nice things about working in California is that on January 1, 2023, a bereavement law went into effect. The law requires that any employer who has more than five employees must provide their employees with up to five days of bereavement time. This particular bereavement law is for the loss of a domestic partner, a close family member, or an extended family member.
In order to qualify for the five days of bereavement time, the employee must have been on the payroll for at least thirty days.
Things everyone should know about California’s bereavement laws:
- The days don’t have to be used consecutively
- The leave must be taken during the first three months of the person’s death
- Employers aren’t required to pay their employees for bereavement time.
- The employer is allowed to request proof of the loss.
If the bereavement time has passed and you still don’t feel able to return to work, you’ll have to sit down and discuss the situation with your employer. It’s possible that they’ll let you take a leave of absence, use some of your personal days, or even take your vacation days so you can deal with the loss.