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.
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.
Can I refuse to Perform a Sobriety Test?
You’ve been pulled over, and the police officer says that they suspect you’ve been drinking. They would like you to perform an immediate sobriety test so that they can determine if you’re officially driving while under the influence. At this point, some people meekly comply. Other people wonder if they have the right to refuse to take the sobriety test.
Strictly speaking, in California, you do have a legal right to refuse to perform a field sobriety test, but doing so may not be in your best interest. The problem with refusing to take the field sobriety test is that you could actually be giving the officer an excuse to arrest you so that they can perform a chemical test. In some cases, this is a good situation.
For example, if it’s been a long while since your last drink, it’s possible that your BAC will have decreased by the time the chemical test is administered, though this is rare. What is far more common is that someone who was not completely over the legal limit and who could have possibly passed a field sobriety test has more for the alcohol to be absorbed by the blood so that by the time the chemical test is administered, they have a significantly higher BAC than they did when they were originally pulled over.
By refusing to take the chemical test, you can be held in jail for a full forty-eight hours while you’re behavior is observed. You will also lose your driving privileges for a full year. It’s likely you’ll still be tried for DUI, and if you’re convicted, the sentence may be worse than what you’d have received had you simply submitted to the chemical test.
While the desire to refuse to take a sobriety test when you’re pulled over is perfectly natural, when all is said and done, it’s usually in your best interest to submit to the test.
What is the strangest field sobriety test you’ve encountered?
Stay Safe While Taking Advantage of Online Dating
The days of going to bars hoping to find that special someone are long over. Bar hopping and awkward getting-to-meet-someone scenarios have pretty much been completely replaced by online dating sites. There are several reasons online dating sites are so popular, including the following.
- They’re considerably less expensive than going to bars and ordering drinks night after night.
- Everyone you connect to via an online dating site is genuinely looking for someone.
- You can pursue potential love matches while sitting at home, in your pajamas, while gorging on ice cream.
- You can quickly reject anyone who doesn’t appeal to you simply by scrolling past. There’s no need to worry that you’re going to hurt their feelings or damage their self-confidence.
While there are many perks connected to online dating, there are also a few drawbacks. While most of the people who use the various dating sites are good people, a few predators do occasionally create accounts. The good news is that there are some things you can do to protect yourself while engaged in online dating.
Create a New Email
Do not use any email that you regularly correspond with. Create a brand new email account that isn’t linked to your personal data. Do not attach social media accounts, your address, or your phone number to this email address.
Get a Good VPN
VPNs are designed to protect your location while you’re using the internet. A good VPN makes it look like you’re in one country while you’re really in a different one that’s on the other side of the globe. A good VPN makes it very difficult for anyone you’re corresponding with to track you down. Make sure you have the VPN on whenever you’re using the online dating site or using the email connected to the dating site.
Make Your Photos Generic
Before uploading photos to your profile, carefully look over them and make sure that there’s nothing in them that could give clues to where you live or the places you routinely hang out.
Meet in Public and Drive Yourself
If you’ve connected with someone and think they are a potential match, make sure your first several meetings are in a public place and arrange for your own transportation.
Tell People Where You’re Going and Check-In with Them
The first few times you go out with an internet date, let one or two people you trust know where you’re going, who you’ll be with, and what you’ll be doing. You should also set a time when you’ll check back in with them and let them know how it’s going. If the date is going well and you decide to keep the experience going, let your check-in people know about the change. If the date changes venue at any point, share this information.
The best way to stay safe while engaged in online data is to trust your gut. If you get a funny feeling that the person you matched up with isn’t quite what they seem, you should immediately cut ties and look for a new potential match.
What Happens if I Disturb the Peace in California?
Disturbing the peace is kind of a blanket term in California. If you’re charged with disturbing the peace, it basically means that you did something to irritate someone. Examples of this can include anything from deciding to mow your lawn in the middle of the night to playing really loud music, getting into a fight, and even using language that someone near you found offensive.
The truth is that the police frequently get calls about disturbing the peace. While they always respond to these calls, they don’t always file charges. An example of a case where they might decide to skip filing charges and simply issue a warning is if a neighbor calls the police and complains that you’re swearing is disturbing their peace. In this situation, the police might ask you to clean up your language or at least swear quietly. They may also ask some questions to see if there’s an underlying and potentially illegal reason why your neighbor is so irritated with you.
On the other hand, if you’re throwing a party and the police have had several complaints about the noise, it’s likely that they will decide to press charges of disturbing the peace.
When you review Penal Code 415 PC, which discusses disturbing the peace in California, you’ll learn that people who are convicted of disturbing the peace are:
- (1) Any person who unlawfully fights in a public place or challenges another person in a public place to fight.
- (2) Any person who maliciously and willfully disturbs another person by loud and unreasonable noise.
- (3) Any person who uses offensive words in a public place which are inherently likely to provoke an immediate violent reaction.
If a disturbing the peace case makes it to trial, the main thing the prosecution must prove to secure a conviction is that the defendant willfully disturbed the peace. This is one of the main reasons many police officers issue a warning when they originally responded to a disturbing the peace call. It’s easy for a defendant to say that they didn’t know they were disrupting someone the first time a call is made. It’s harder for them to claim they weren’t willfully doing something that they knew irritated others the second, third, or fourth time the police are called.
The maximum sentence connected to a disturbing the peace conviction is a 90-day jail sentence and/or a $400 fine.
Are You Being Stalked? Warning Signs To Look Out For
Stalking is a serious problem. An estimated 6.6 million people are involved in a stalking situation, and that’s just in the United States! While the idea of being watched might not seem like a big deal, the reality is that it’s very concerning. Not only does catching the attention of a stalker erode your mental health, but it’s also a crime that can escalate until it culminates in violence. It’s reported that 68% of female stalking victims and 70% of male stalking victims receive threats of physical harm from their stalker.
Don’t assume that only women have to worry about stalkers. While it’s true that one in six women will be the victim of a stalker, men aren’t completely safe. It’s estimated that 1 in 17 men will have trouble dealing with a stalker.
Stalking is something you want to nip in the bud, which is why it’s so important to recognize the early signs that you’ve attracted a stalker.
Pay Attention to Your Surroundings and Be Alert to Familiar Faces
Stalkers often depend on people not being very aware of their surroundings. Being distracted by a cell phone or simply being focused on one thing allows stalkers to get quite close to the person they’re following without ever being noticed. Whenever you’re running errands or even when you’re just hanging out in your yard, be alert and constantly look around you. If you keep seeing the same person over and over again in different locations or near your home, it’s likely that you have a stalker.
Don’t assume that a stalker is always a stranger. If you keep running into the same relative, friend, acquaintance, or romantic interest in random places, it’s possible that they’re stalking you.
You Keep Getting Strange Calls
If you keep getting weirdly random calls, they can either be hang-ups, or they can be from someone who repeatedly claims to be dialing the wrong number, or they could be from someone who simply calls to chat too often, it could be a sign that you’ve attracted a stalker.
Unexpected Gifts
Sure, the random bouquet of flowers or an occasional box of chocolate from a secret admirer is fun. But when the gifts keep coming, and the person continues to conceal their identity, the gifts are usually an indicator of a stalker. Even if you know the person who is sending you gifts, if they are excessive or if they are inappropriate, it’s time to take steps to ensure your safety.
Pay Attention to Your Internet Interactions
Internet stalking is a growing problem. The internet provides people with a way to fixate on a person and keep tabs on them at all times of the day or night. It’s not uncommon for internet stalking to be paired with real-time stalking. It’s important to understand that internet stalking is every bit as dangerous as traditional forms of stalking.
Signs of internet stalking include large numbers of texts/emails/DMs from a person. They can also frequently comment on your posts. In most cases, internet communications become increasingly forceful and demanding.
Recognizing that you’re being stalked is the first stage in safely extracting yourself from the situation. The next step is knowing what to do about your stalker.
4 Estafas de Facebook que Debe Conocer
La mayoría de nosotros pasamos una sorprendente cantidad de tiempo en Facebook. Nos encanta publicar sobre las cosas emocionantes que suceden en nuestras vidas, disfrutamos viendo las fotos que comparten nuestros seres queridos y, a menudo, lo tratamos como una línea interesante que brinda una forma legal de espiar la vida de los demás. Rara vez nos detenemos a pensar en lo peligroso que puede ser Facebook, aunque habitualmente escuchamos sobre amigos cuyas cuentas que han sido pirateadas o que se han encontrado con una estafa en Facebook.
Si bien no tiene que dejar de usar Facebook por completo, sacará más provecho del gigante de las redes sociales si está al tanto de las estafas más populares de Facebook y sabe cómo identificarlas y evitarlas.
Suplantación de identidad
El phishing en Facebook es como otras formas de phishing en Internet , simplemente se lleva a cabo en Facebook. La forma en que funciona es que alguien crea una cuenta de Facebook ficticia que sugiere que ofrece un servicio o posee un negocio. Cuando expresa interés en el negocio/servicio, el genio detrás de la cuenta roba una gran parte de su información, incluyendo su contraseña de Facebook, y la usa para beneficio personal.
La mejor manera de detectar un esquema de phishing de Facebook es mirar el sitio web al que se dirige. Si la URL tiene algo que no sea facebook.com, es una estafa y debe salir y borrar su historial de navegación de inmediato.
Productos Falsificados Promocionados en Facebook Marketplace
El mercado de Facebook se ha convertido en un lugar popular para que las personas que tienen productos baratos ganen dinero rápido al promocionarlos como si el producto fuera de marca o de alta calidad. La mejor manera de evitar caer en esta trampa es estudiar con atención las imágenes y leer las reseñas del vendedor. Si el producto parece sospechoso o hay muchas malas críticas, aléjese de ese vendedor y busque algo más para comprar.
Estafas de Trabajos Falsos
Aunque Facebook no es el primer lugar que la mayoría de la gente busca cuando busca un nuevo trabajo, hay algunas oportunidades de trabajo legítimas publicadas en el sitio de redes sociales. El problema es que también hay algunas estafas de trabajo falsas sorprendentemente convincentes disponibles en Facebook.
El propósito de las estafas de trabajos falsos es el mismo que otras estafas, la persona detrás de la estafa quiere extraer información específica de usted que puede usar para su propio beneficio. La mejor manera de protegerse de una estafa de trabajo falsa que se encuentra en Facebook es nunca dar ninguna información personal, cambiar su contraseña cada vez que envíe un mensaje a la persona responsable de la oferta de trabajo e investigue cuidadosamente la compañía que supuestamente publicó el trabajo.
La Estafa Que Involucra Tarjetas de Regalo
La regla general es que si algo suena demasiado bueno para ser verdad, probablemente lo sea. Ese es ciertamente el caso con muchas de las ofertas de tarjetas de regalo que flotan en Facebook. Una de las razones por las que tantas personas son engañadas por las estafas de tarjetas de regalo falsas es que la persona detrás de la estafa piratea una cuenta y hace que parezca que la oferta proviene de un ser querido. Y la redacción es persuasiva y auténtica.
La estafa es doble. Dado que se le pide que haga clic en un enlace y brinde información sobre usted, la persona detrás de la estafa recopila información de usted que puede usar para ayudar a robar su identidad. También le piden que comparta la publicación, lo que les permite conectarse con sus amigos de Facebook para que puedan ejecutar la estafa de la tarjeta de regalo en otras personas.
La mejor manera de evitar verse atraído por una estafa de Facebook es limitar sus acciones en las redes sociales a sólo tratar con personas que conoce bien y siempre confirmar su identidad antes de hacer clic en cualquier enlace o cuenta secundaria.
Teen Marijuana Use in California
Recreational marijuana is legal in California. However, that doesn’t mean that teens are allowed to partake in marijuana.
At this point, it’s legal for anyone who is over the age of 21, to grow, use, and carry marijuana. That age limit is important. If a person is 21 and enjoying some marijuana, they’re fine. The same isn’t true if their 19-year-old friend is doing the same thing.
The one exception to marijuana use in teenagers is if that medical marijuana can be prescribed to anyone who is at least 18 years old. That means that if an 18-, 19-, or 20-year-old has a prescription from a legit doctor, they can legally use marijuana. If a teen is prescribed medical marijuana, they must adhere to the rules laid out in the prescription. The slightest deviation could result in them facing serious legal repercussions.
Teens who are caught illegally in the possession of marijuana will face the same legal consequences they’d face if they were caught with alcohol. As long as the teen is merely in the possession of the marijuana but not using it, they will be charged with an infraction. The consequences of this particular marijuana infraction include a fine, mandatory drug education, and community service.
Teens who are caught operating a car after they have been illegally using marijuana will face the same consequences that they would had they been illegally drinking. In addition to fines and drug counseling, they will face license suspension. The more times they are caught driving while under the influence of marijuana, the more severe the legal consequences become.
At the end of the day, it’s important to make sure teenagers understand that it’s really in their best interest to wait until they are 21 before they experiment with marijuana. While they still have to be careful and make sure they don’t take so much that their ability to drive is impaired, by waiting until they’re legally able to do so, they don’t have to worry about getting into trouble for simply having marijuana in their pockets or tucked into a purse.
Tips for a Peaceful Holiday Family Gathering
This is the season when many of us are getting together with both our immediate and extended family to celebrate the holidays. While this is supposed to be a fun time that is full of joy and shared memories, all of us are painfully aware that whenever a family gathers, there’s always a chance that an argument will break out.
While you might not be able to completely prevent family discourse over the holidays, there are some things you can do that will help you maintain the peace during gatherings.
Know Your Limits
Before getting together with your family for the holidays, take a few moments to access your mental and emotional health. Are you in a good state of mind or do you feel like it wouldn’t take much to push you over the edge? Take another moment to determine how much time you can spend with your family before you find your emotions starting to unravel. Commit yourself to only spending that amount of time at the gathering before you make your excuses and leave. Don’t be afraid to leave early if your family becomes too much. It’s far easier to apologize for leaving early than it is to apologize for getting into a massive argument with your siblings.
Don’t Bring Up Old Problems
Treat this family gathering as a blank slate. Old arguments, complaints, and other issues should be pushed aside and allowed to rest. If you have a problem with how a relative has treated you in the past, try to avoid that particular relative at this particular gathering. Once the holidays are over, you can always call them and try to resolve the issue.
Evaluate Your Attitude
You may not be able to do much about your cranky uncle or bickering parents, but you can do something about your attitude. Instead of approaching the family gathering with a chip on your shoulder, convince yourself to be tolerant and cheerful. This is one of those fake it until you make it situations, when you’re cheerful, even when you’re forcing yourself to be, you’ll notice others respond positively to you. Before you know it, your good attitude will have shifted the gathering’s entire atmosphere and everyone will be having a good time.
4 Things Police Look for When Searching for Drunk Drivers
Most of us have been there at least once in our lives. Even though we were perfectly sober at the time, the police pulled us over for a seemingly silly reason. The reason the police do this is that they have been trained to recognize these relatively minor driving issues as signs that the driver is impaired.
Driving At a Certain Time
It might not be fair, but there are certain times when you’re more likely to be pulled over for a suspected DUI than others. The most common time is between 2 and 3 in the morning. This is when the bars close and people are driving home. Not only are there fewer cars on the road which increases the likelihood of you catching a patrol officer’s eye, but most people who are on the road at that time of the night are leaving a bar or club. This is why so many bartenders are pulled over after they’ve left work.
Driving too Slowly
Weirdly enough, driving too slowly is one of the best ways to be pulled over for a suspected DUI. While there are a few different reasons people will drive slowly, DUI is the most common one. While every person is different, most people who are inebriated drive slowly because their reflexes aren’t as sharp as normal and they’re overcompensating and being overly careful. Not only will the extremely slow driving catch the eye of a passing patrol officer, but your slow driving can also be a road hazard.
Erratic Acceleration and Deacceleration
If you’re rapidly accelerating and deaccelerating for no apparent reason, you shouldn’t be surprised when you spot red and blue lights in your rearview mirror. The inability to gauge how heavily you’re pressing down on the brake and gas pedal are early indicators of inebriation.
Swerving
Swerving in and out of your lane isn’t just a sign of a potential DUI, it’s also dangerous. When you’re drunk, the swerving indicates that you’re having a difficult time staying focused, that you’re not in full control of your motor skills, and that there’s a serious risk of you getting into a serious accident.
Even if you haven’t been drinking, if a cop spots you swerving all over the road, there’s a good chance that in addition to issuing a sobriety test, they’ll also give you a ticket for erratic or reckless driving.
Patrol officers are extremely good at spotting individuals who are DUI and will not hesitate to pull you over and issue an immediate sobriety test. The best way to prevent this from happening is to make sure you always have an alternate way to get home, such as a designated driver or a ride-share pickup, when you’re going out for drinks.