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.
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.
Affordable Bail Bonds in Lynwood
If you’re concerned you can’t gather enough money to pay for your loved ones bail in time, do not worry. There are other options, and the best one is to use a bail bond from Absolute Bail Bonds.
Will take the name, location, and bail amount of the person in jail. You will strategize with your specialist the best payment plan that fits your financial needs so you don’t need to stress too heavily. By utilizing Absolute’s services, you will only be paying 10% of the full bail amount. There will be no interest, no down, and no hidden fees. There may be collateral needs. Once everything is finalized, will get the bail bond over to the jail and your loved one will get out after it has been processed.
You will need to just make sure your loved one attends his or her appointed court date so the bail bond is secure. If he or she fails to do this, they will be rearrested with no bail option, and you will lose any collateral offered up for the bail bond.
Absolute Bail Bonds in Lynwood makes paying for bail easier, less stressful, and most importantly, affordable. That being said, do not hesitate to call 1-800-793-2245 as soon as you know you need to pay for bail. With our help, you can relax a little bit!
Absolute Bail Bonds “We Never Sleep”
At Absolute Bail Bonds we make paying for a bail bond easy for our clients. We offer payment plans, 0% interest bail bonds, and personalized payment plans for qualified clients. We will never surprise you with hidden fees like our competitors because we believe in working with honesty and integrity.
- 24/7 Bail Bond Service
- 20% Discount
- Phone approvals
- 0% Interest Payment Plans
- No Hidden Fees – Unlike other bail agencies
- No Collateral with Working Signer
- Se Habla Español
You don’t have to worry when your friend or family member has been arrested. You can count on Absolute Bail Bonds in Los Angeles our bail agents are ready to assist you. Night or day, anywhere in California, we can help you bail out your loved one. Our skilled bail agents will always be available to offer their assistance.
What we do is help people in your situation post bail so they do not have to await their hearing in jail. Our process is simple:
1. Let us know who you need to bail out, their birthday if you know it, and where they are being held. Absolute Bail Bonds will contact that location and gather the rest of the information we need.
2. Tell us your financial situation and will work around it to formulate a customized payment plan with low monthly rates.
3. Review and sign paperwork so you understand what you are paying and the steps you need to take to ensure the bond is accepted (ie making sure the arrested individual appears in court when ordered).
4. Our agents will send paperwork to the location your loved one is at. The paperwork will be processed there and your loved one will be released.
It’s really as simple as that but once we start discussing your situation, we’re sure you’ll have more questions so do not hesitate to ask! For a free consultation simply call 1-800-793-2245.
You Can Count on Absolute Bail Bonds
At some point, you may need to hire a bail bondsman. As much as you don’t want to admit that you think your loved one going to get arrested someday, you know it’s very likely. So, you want to be as prepared as possible.
A bail bondsman will issue a bail bond for your loved one so that he or she can be released from jail. The bail bondsman will charge a 10% premium (like a fee for their services) which is 10% of the full bail amount. You will be allowed to pay off the premium over a set period of weeks or months, whatever you and the bail bondsman agree to. You will need to make sure your loved one shows up for court.
Absolute Bail Bonds in Los Angeles can go into deeper detail when you’re ready to talk one-on-one and get the bail bond processed or if you just want a consultation, free of charge. We can be reached online or on the phone at 1-800-793-2245.
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.
Summertime Pet Safety Tips
Summer is just around the corner. Before you know it, we’ll be wearing our favorite shorts and tank top combinations, spending long days at the beach, and making ice cream cones a part of our daily life. Summertime is the time when we strive to make great memories. Most of us want to include our pets in our summertime experiences, so now is the perfect time to review summertime pet safety tips.
Don’t Let Your Pet Overheat in Your Car
Pet owners’ biggest challenge during the summer is the desire to bring their pets everywhere. However, the fact that your dog loves to go for car rides can make it difficult to tell them they must stay home. The problem is that the temperature inside a parked car quickly climbs to deadly levels for a dog that can’t free themselves from the hot car. This is why if you’re out of the car and unable to bring your dog, you should leave them home.
Some people want to skirt the issue of having a dog in the car by leaving their car running so the air conditioning keeps the dog cool. The problem with this plan is that a running car is very tempting to car thieves who will quickly let your dog out (or take the dog if it’s friendly) and steal it.
If you know that you’ll have to leave your dog alone in your car during the summertime, the safest and kindest thing you can do is leave your pet at home.
Hot Concrete Leads to Severely Burned Paws
Every summer, veterinarians care for pets, especially dogs with badly burned paws. In many cases, the cause of the burns was walking on a hot sidewalk. Unfortunately, since dogs are stoic, the owners didn’t realize how hot the sidewalk was and how badly their dogs were hurt until the damage to their paws was extensive.
Before each walk, find a patch of sunlit sidewalk and hold the back of your hand to it. If you can’t keep your hand on the concrete for thirty seconds and remain comfortable, it’s too hot to walk your dog. Wait until the sun starts to set.
Encourage your dog to walk on the grass whenever possible.
Learn the Early Warning Signs of Heat Stroke in Your Pets
As a pet owner, it’s in your best interest to learn the early warning signs that your dog is potentially starting to suffer from heat stroke so that you can take preventative steps before the condition worsens.
Early warning signs include:
- Extremely heavy panting
- Heavy drooling
- They are restless
- Actively looking for shade and water
- They’re starting to vomit
- Their tongue and gums are turning bright red
- Their heart rate and respiration rate have climbed
As soon as you notice the early warning signs of heatstroke in your pet, you must get them out of the sun and into a cool or shaded area. Offer them small sips of water. Use cool, but not ice-cold water, to lower their temperature. Then, as soon as possible, take them to the vet for an exam.
What Is the Difference Between Assault and Battery in California
If you think that assault and battery are the same thing, you’re mistaken. In California, assault and battery are two different crimes. The reason so many think they are the same charge is that it’s not uncommon for a person to be simultaneously charged with both, which means they’re linked in police reports and media write-ups.
According to California law, you’re guilty of assault if you commit an act that convinces the victim that they are in danger of either harmful or offensive contact. Battery is what happens when you actually carry through with the act. The way the laws are written, it’s quite common for someone to be charged with both assault and battery.
What Happens if You’re Charged with Assault
In order to be convicted of assault in California, you must have done something that indicated an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” The way the law is currently written, as long as the intent is there, you can be charged with assault even if you ultimately fail to go through with the act.
If you’re convicted of simple assault, the maximum sentence involves a $1,000 fine and/or up to six months in a county jail. If the assault involved a deadly weapon, you could be sentenced to as much as four years in a state prison and also be ordered to pay up to $10,000 in fines.
What Happens if You’re Convicted of Battery
Battery is one of California’s wobbler offenses which means that the circumstances surrounding the incident determine whether you’re charged with a misdemeanor or a felony.
In California, battery is any willful and unlawful use of force or violence upon the person of another. What this means is that if you threaten to hurt someone and don’t go through with the act, you cannot be charged with battery. On the other hand, if you go through the act and by some lucky chance the victim doesn’t get injured, you can still be charged with battery because you went through the with the intended action.
If you’re convicted of misdemeanor battery, you can be ordered to pay as much as $2,000 in fines and serve six months in prison. If you’re convicted of felony aggravated battery, you’ll be sent to prison and ordered to pay even larger fines. It’s likely the victim will also file a civil complaint against you.