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.
What Most People Are Arrested for in California
There are many different crimes a person can be charged with. Interestingly, there are some charges that no one ever seems to be charged with and other charges that the California courts handle every single day.
Here are the crimes that most people are arrested for.
Drug Related Charges
You could face many different types of charges if you’re caught with drugs, but all of them are lumped together as drug crimes.
Some people are arrested and charged with a drug-related offense because they were a person of interest in a police investigation, which ultimately turned up enough evidence to justify an arrest.
In other cases, the person makes a mistake, such as having drugs in plain sight during a traffic stop and getting charged with a crime.
Larceny
Larceny, or as it’s also called, petty theft, is a common charge. While people commit larceny throughout the state, the largest concentration of larceny charges tends to be in areas that are struggling economically. The reason for this is that the average person steals because they’re desperate for money to help them cover their living expenses.
To be charged with larceny rather than a more serious burglary charge, the incident could not have involved the use of force, and you could not have used coercion during the crime. You’ll face significantly more serious charges if there is even a hint of violence.
Driving Under the Influence of Drugs or Alcohol
Despite all the warnings and public service announcements, DUIs are still a huge problem in California. If you’re caught driving while under the influence of alcohol or drugs, you will be charged and arrested. It’s extremely difficult to fight a DUI charge. Once you’ve been convicted, you’ll have a criminal record, be unable to drive for a period of time, and face some heavy fines. It’s even possible that you’ll be sentenced to some jail time.
Homicide and Other Gun Related Charges
One of the interesting things you discover when you look at California’s current crime-related statistics is that when you compare the crime rate of 2021 to 2019, some crimes dropped. The number of robbery-related crimes showed significant change, dropping a full 15.8% in 2021. While the decrease in robberies was good, the increase in gun-related crimes, including homicides, was significantly more alarming. During that same time frame, homicides and aggravated assaults that involved the use of a firearm increased by 52% (homicides) and 64% (aggravated assaults.)
Jaywalking is Legal Again
Did you know that you can legally jaywalk in California?
That’s right; you’re free to cross the road whenever you feel like it, even if you’re not in a crosswalk. You can even do so right in front of a police officer, and they won’t be able to stop you or issue a ticket. How cool is that?
You should know that this newfound freedom to jaywalk to your heart’s content does come with a catch. Jaywalking in California is legal, provided you’re able to do so in a manner that’s considered safe.
Jaywalking in California became legal in January of 2023 when California’s CVC 21955 went into effect. When you read through the law, you’ll discover that jaywalking is perfectly legal in California, provided that you’re not in a collision while you’re jaywalking. The idea is that you are expected to pay attention and use good judgment before you walk across the road. If there is a reasonable chance that you’re jaywalking could result in a collision, either with you, another car, or even a pole/sidewalk/mailbox/etc. You will be the one who gets into trouble.
If you’re caught jaywalking in a spot where your action could trigger a collision, you will be issued a ticket. The base cost of the ticket is $196, but there will also be state fees, local fees, and assessments added to the ticket, meaning that you’ll owe significantly more than $200.
Have you enjoyed your new jaywalking privileges yet?
Is a Public Defender the Right Choice for You?
One of the great things about the way our justice system is set up is that everyone is entitled to legal representation. That means that no matter what your financial situation is, you don’t have to worry about navigating the criminal charges that have been filed against you by yourself. If you can afford a private criminal lawyer, fantastic. If you can’t afford the legal bills, the court will appoint a public defender to handle your case.
There are several reasons why you should take advantage of the public defender.
Public Defenders are Fully Trained Lawyers
Some people believe that they should avoid public defenders because they assume that since public defenders are court-appointed they must not be real lawyers. That’s not the case at all. The truth is that public defenders are highly trained attorneys who not only attended law school but who also successfully passed the state’s bar exam.
Unlike private criminal defense attorneys, public defenders don’t have the ability to cherry-pick their cases. They are required to take any case the court assigns to them. This means that public defenders get a great deal of experience handling an assortment of cases and charges. In many respects, this makes them more versatile and able to handle the unique details of your case.
Public Defenders Have a Solid Working Relationship With the Judges
Public defenders work with the local judges and prosecutors every single working day. They understand the personal preferences of the other side in a manner that private lawyers don’t. They know when it’s best to approach a judge, how to word things in a way that makes both the prosecutor and the judge more likely to accept a plea bargain, and are often more comfortable speaking to the judge and prosecutor than a private attorney is. They can use this knowledge to help you get the best possible deal.
Public Defenders Often Excel in Niche Areas of the Law
Public defenders, especially the ones who work in larger cities where there is a larger pool of public defenders, often settle into one or two niches of criminal defense, such as auto theft or domestic violence. This sometimes gives them an edge since they are always up to date on changes in the law, the little things that can really impact a case, and similar court cases that they can use to help lessen the charges you’re facing.
Public Defenders are Masters at Recognizing a Great Plea Deal
The simple truth is that if your case is going before a jury, you will probably be better off with a private criminal defense attorney, but if your main concern is getting the best possible plea deal, a public defender is a great option. Public defenders have seen enough cases just like yours that they have developed a knack for identifying a great plea deal and knowing when you should hold out for a different option.
They’re Affordable
A private defense attorney is expensive. If your finances are such that you are eligible for a public defender, it is far better to accept that as opposed to trying to handle the case all on your own.
Have you ever been represented by a public defender? Was your experience positive or do you wish you’d gone with a different option?
Absolute Bail Bonds Q&A
Do You Need to Pay Bail?
If you’re wondering if you need to pay bail, the simple answer is no. Bail is an amount of money (and sometimes conditions that have to be met) that you have to pay if you wish to be released from jail while your case makes it way through the legal process.
Just because bail has been set, you don’t have to pay it. Some people opt to remain incarcerated while others would prefer to go free. The choice is yours.
Do you Need to Use a Bail Bondsman?
Some people believe that they need to use a bail bonds company in order to cover their bail and be released from jail. The truth is that you don’t need to. If you have enough money on your own, you can pay your own bail or have a friend cover the expense.
How Complicated is the Process?
The bail bond process is one of the simplest aspects of the judicial process. Shortly after you’ve been charged and arrested, you go before a judge who determines the amount of your bail. At this point, you have the option of paying it or of returning to your cell. If you chose not to bail yourself out right away, you still have the option of doing so at a later date.
If you contact us and ask for our help, we require:
- Proof of Residency
- A valid state-issued identification card or driver’s license
- A pay stub or bank statement that shows regular deposits
We provide everyone who contacts us with a free consultation. During the consultation, you’ll speak to a highly experienced bail bond agent who will patiently answer all of your questions and guide you through the bail bonds process. Taking advantage of this consultation is completely free of obligation.
We have a great deal of experience with the local court system and will do everything in our power to expedite the process so you can return to your family and job.
How Difficult is it to Reach Absolute Bail Bonds?
We’re incredibly easy to reach. We’re available 24 hours a day 7 days a week. We promise to handle your case with compassion. The sooner you contact us, the sooner we’ll help you walk away from jail. Feel free to call us at (800)793-2245.