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California Probation Violations

california-probation-violations

When you’re on probation, the courts will let you know what requirements you have to meet, but no one is going to hold your hand and remind you of those requirements every single day. It’s up to you to remember what you are and aren’t allowed to do. If you break violate your probation, no one will be interested in excuses.

The issue of probation violations in California is covered by Penal Code section 1203.3. The code gives the court the option to decide to revoke or modify your probation following a violation.

When your probation officer alerts the court to a violation, you’ll have to appear at a probation revocation hearing.

Probation revocation hearings are different from traditional trials. The prosecution doesn’t have to prove their case beyond a reasonable doubt.” The only thing the prosecution has to do is prove that the probation violations that have been leveled against you are likely true. You are allowed to have a defense attorney argue your side of the case.

One of the more fascinating aspects of probation revocation hearings is that if the alleged violation took place during an alleged crime, you can actually be acquitted of the crime but still be found guilty of the violation, which could result in your probation getting revoked. The reason is that even if you didn’t commit the actual crime, you placed yourself in a situation where you could have done something illegal which is a violation of your probation.

You should get a letter that notifies you of the time and place that the probation revocation hearing will take place. The letter should also provide some insight into what you allegedly did to violate your probation in California.

The exact consequences of your probation violation will depend on how severe the violation was.

In extreme cases, the judge will decide to completely revoke your current probation and decide that you should serve the maximum sentence for the crime you committed. In some situations, this can result in your spending years in prison.

Another judge might decide that you shouldn’t be sent to prison for the violation. Instead, they will extend the amount of time you have to remain on probation. Once again, this could mean spending years dealing with strict rules and a probation officer before you finally regain your complete freedom.

If the violation involved using substances, drinking alcohol, or getting into a fight, there’s a good chance that the judge will require that you enroll in a counseling program.

When it comes to minor violations, some judges opt to either add some additional terms to the current probation. Another option for mild probation violations is requiring that you do some sort of community service.

When all is said and done, it’s best to stay on the straight and narrow and obey all the rules while you’re on probation.

Legal Consequences of Rioting

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These days, it seems like every time you turn on the news, you encounter a story about a riot. Major cities throughout the United States are dealing with the fallout from riots. While everyone knows that riots are frightening and illegal, few of us understand what the legal ramifications are of getting caught in the middle of a riot.

If you’re upset about something, you have the right to start and/or participate in a protest. The catch is that for the protest to remain legal it has to be peaceful. You aren’t allowed to do anything that could be perceived as violent nor are you allowed to encourage others to participate in committing violence. The moment you do either of those things, you’re violating the law.

If you incite a riot in California you’re breaking California Penal Code 404.6 PC. You’ll violate this law whenever you:

  • Are actively engaged in a riot
  • Engage in acts of violence or force during a riot
  • Commit an act that results in property damage or results in burned property

Which Bail Bonds Business Should you Choose!

which-bail-bonds-business-should-you-choose

If you need a bail bond, you want to quell your first instinct of going with the first company you contact. It’s possible that you’ll connect with a truly outstanding family-owned bail bonds business that offers everything from zero interest bail to a reasonable payment plan. It’s also possible you’ll get scammed by a company that doesn’t have your best interests at heart or who doesn’t fully understand the bail bonds process.

When you’re choosing a reputable bail bonds company, there are a few things you need to keep in mind.

The Company Should be Treasure Trove of Information

No bail bonds company should expect you to know everything. They should have a phone or online system that allows you to connect with a representative who not only answers all of your questions but also explains how the process works and explains the different payment services they provide. The person you speak to should be patient, kind, and not try to force you to sign a contract until you’re convinced you’re making the right decision.

No reputable bail bonds agency will ever tell you that you have to act quickly. This isn’t a use it or lose it business deal. You are free to take your time and consider all your options.

Good Bails Bonds Companies are Discrete

You’ve been arrested. You need help coming up with bail money. You don’t need this information spread all over the state. Good bail bonds businesses, the kind you want to work with, always promise discretion.

They Have Been Positively Reviewed

You should hold the bail bonds company you’re considering to the same standards you would any other type of business. Make sure they’re properly bonded and licensed. Check out reviews and customer testimonials. There’s nothing wrong with taking a little time to dig into the business’s background. If you find something that concerns you, ask the bail bonds expert about the problem during the consultation.

Customer Service is Important

Somehow, bail bonds companies have gotten a reputation for being operated by rude people who are only interested in making money. That’s not the case at all. Customer service is just as important to a bail bonds business as it is to any other business. If you contact a bail bonds business and you get the impression that they’re not really that interested in you or if you’re treated badly, hang up the phone and call another bail bonds agency.

Do you need bail?

Contact Bail Bonds in Cupertino. We’re a family-owned bail bonds business that has been serving the area for several decades. Our top-rated services include:

  • 24/7 Bail bond service
  • 20% Discount
  • Online payments
  • 0% Interest payment plans
  • Phone approvals
  • No hidden fees
  • No collateral for working signers
  • Free consultations with a bail bonds expert

Do you want a free consultation with a professional bail agent? If so, call 408-883-3907 or click Chat With Us now.

Should You Bail Your Buddy Out of Jail

should-you-bail-your-buddy-out-of-jail

You love your best buddy and have no hesitation about going out of your way to help them whenever they ask, but getting asked to post bail is different from agreeing to help them move. When your best friend calls and asks you to help cover their bail, there are a few things you need to consider before you agree.

Can You Afford it?

When you post cash bail for your buddy, you’ll get all of the money back… eventually. The refund doesn’t happen until your buddy’s case has been resolved. How long it takes to resolve the case depends on if your buddy plans on fighting the charges or pleading guilty right away. If your buddy is determined to prove their innocence and the case goes before a jury, a full year could easily pass before the court returns your money.

Going through a bail bonds company like Bail Bonds in Cupertino is easier on your budget. We only charge 10% of your buddy’s bail. The catch is that we don’t refund the 10%. Whether you post cash bail or secure a bail bond, you and your buddy need to discuss if they intend to repay you and how long it will take.

As much as you love your buddy, you should never put yourself in a position where helping with their bail makes it impossible for you to pay for your housing or buy groceries. You weren’t the one who got in trouble so you shouldn’t have to put yourself in financial peril.

Do you Trust Your Buddy?

Bail isn’t given freely. It’s a privilege that comes with terms and conditions. The only way the bail system works is if your buddy agrees to uphold the conditions of their bail, which includes attending all of their court appearances. If they fail to do that you will either lose the cash bail or anything you used as collateral when you secured a bail bond.

Only Work with a Reputable Bail Bond Company

If you decide to help secure a bail bond for your buddy, you want to work with a company that understands the bail process, has a solid business reputation and is willing to work with you. That’s exactly what you’ll get when you turn to Bail Bonds in Cupertino for help. We’re a family-owned bail bonds business with decades of experience.

Our services include:

  • 24/7 Bail bond service
  • 20% Discount
  • Phone approvals
  • 0% Interest payment plans
  • Free consultations
  • No hidden fees
  • No collateral required for working signers
  • Habla Espanol

We have a reputation for being a friendly, discreet, bail bonds service that has excellent payment plans.

Do you want a free consultation with a professional bail agent? If so, call 408-883-3907 or click Chat With Us now.

Changes Coming to California’s Legal System in 2021

changes-coming-to-californias-legal-system-in-2021

2020 seemed like the year that would never end, but we’ve finally put it behind us and have entered 2021. It feels like a fresh start. It also means it’s time to pay attention to the new laws that kicked in on January 1, 2021. It’s likely a few will impact your life.

Employers Have to Step Up Their COVID-19 Exposure Game

If you’re hoping that COVID-19 will simply disappear now that we’re into a new year, think again. Yes, there is a vaccine that shows promise. Yes, doctors have started to get a handle on how to treat the virus. Yes, we still have to practice social distancing and wear a mask.

What has changed is that things that were merely a suggestion before are now a legal requirement. An example of this is how all employers are now required to provide written notification whenever there is a COVID-19 outbreak in the workplace.

The new law requires that all business owners/managers alert not just their employees, but also customers, contractors, and anyone else who has been on the worksite that someone has tested positive for COVID-19. The notification has to be issued within one day of the positive test results. This law will remain in effect until 2023.

California Expands its Family and Medical Leave Requirements

Until this year, one of the major perks connected to working for a large company is that your employer had to honor some strict family and medical leave requirements. California lawmakers tweaked this law so that now even employees who work for a business that hires five or more employees will be eligible for family and medical leave.

What does this mean? If you or a family member gets sick and you have to stay at home to care for them, your employer has to give you up to 12 weeks off. The downside is that this time off isn’t paid, but at least you don’t have to worry that taking time off to care for a sick relative will cost you your job.

Executive Board Diversification

Corporate boards that are based out of California will look different in 2021. Lawmakers passed AB 979 to make sure that an honest effort was made to diversify executive boards. The law states that these boards have until December 2022 to make sure that a minimum of three board seats belong to minorities. At this point, the law only pertains to boards of nine or more members. Failing to name minorities to the board will result in a $300,000 fine.

Minimum Wage Goes Up

In 2021, an employer who hires 26 or more employees will have to pay a minimum of $14 per hour. If your employer has 25 or fewer employees, the minimum they can get away with paying is $13 per hour.

Distracted Driving can get you in Big Trouble!

California’s tougher distracted driving law will likely be the one that impacts the most people in 2021. The good news is that the law doesn’t prohibit you from using your hands-free device while driving, but under no circumstances can you have your phone in your hand while your vehicle is moving. The second time you get caught holding your phone during a three-year period will result in a fine and points.

Which new 2021 law are you the most pleased about? Which one worries you?

Can Employers Force you to Submit to a Covid-19 Test?

can-employers-force-you-to-submit-to-a-covid-19-test

If you’re confused about what your employer can and can’t require of you during this pandemic, you’re not alone. Every other day it seems like some new rules and requirements and expectations seem to intrude on our rights. In many cases, getting a straight answer feels impossible.

Finding out if you have to submit for a Covid-19 test each time you go to work is a perfect example of how many people don’t know what they can and can’t fight. Some lawyers freely admit that they’re not sure how legal this topic is. For a long time, it was common knowledge that employers couldn’t legally require employees to undergo any medical examination that didn’t directly impact their work. COVID-19 has changed things.

Based on what the Equal Employment Opportunity Commission has stated, it’s likely that you do have to adhere to your employer’s wishes and be screened for COVID-19. The catch is that when your employer requires that you get the test, they have to do so in a way that stays in line with the Americans with Disabilities Act.

Your employer isn’t allowed to simply declare that you take a COVID-19 test. There are some strict rules that they have to follow. These rules include:

  • Adhering to both federal and California confidentiality laws
  • Stick to reliable tests
  • Understand the possibility of false/positive and false/negative tests and have a plan of action in place

California DUIs in the New Year

california-duis-in-the-new-year

You should never get behind the wheel after you’ve been drinking. If you plan on drinking, you should plan on walking home or getting a ride from a sober driver.

In the past, a DUI arrest could have a huge and negative impact on your life. It still will, but thanks to Assembly Bill 3234 you may have some options that weren’t available to you before.

DUIs are one of the crimes that AB 3234 targets. Instead of getting hit with a bunch of jail time and fines, you’ll have the option to enter into a diversion program. The diversion program will consist of several different components which will include taking classes that are designed to help you identify why your driving after drinking happened and complete a great deal of community service. You’ll also likely be charged a significant fine. You would also have to make restitution to anyone who was hurt by your actions.

It appears that you would have 24 months to complete the program. Once the program is completed, the matter would be erased from your record. Having the record erased means your actions wouldn’t negatively impact your ability to qualify for housing, land great employment opportunities, or deal with sky-rocketing auto insurance rates.

The Bill officially kicks in in 2021. Taking advantage of the change requires that you work closely with a good defense lawyer who understands the ins and outs of the Bill and who will be able to help you argue your case before a judge.

At this point, it appears that judges are free to determine who should and shouldn’t be entered into the diversion program. It’s not clear what judges will look at when they determine who will and won’t be granted the opportunity to clear the DUI from their record.

AB 3234 can only be used in cases of misdemeanor cases. If you’re charged with a felony DUI, it won’t help you.

It doesn’t appear that AB 3234 will protect you from any civil cases that name you as the defendant in DUI cases.

Elder Abuse in California

elder-abuse-in-california
Society dictates that we take care of our elders. The idea is that they cared for us when we were too young to fend for ourselves, and now it’s our turn to return the favor. The problem is that some people don’t behave the way that society dictates and commit a crime that’s called elder abuse.

California’s elder abuse laws are designed to protect state residents that have passed their 65th birthday. Most victims are older and no longer able to completely care for themselves.

Elder abuse in California includes:

Elder abuse in California is one of the state’s famous wobbler laws. This means that you could be charged with a misdemeanor or a felony. The decision isn’t based on whether the DA is having a bad day, but rather a specific set of criteria.

Elder abuse in California is covered by Penal Code section 368(c). The law is written in such a way that prosecutors have 12 months to investigate an alleged instance of elder abuse before they either have to let the case go or file charges. Anyone responsible for caring for an elderly patient/relative can be charged with misdemeanor elder abuse in California.

If you’re convicted of misdemeanor elder abuse, you could be sentenced to a full year in jail.
The rules change in cases of felony elder abuse. One of the big changes is that prosecutors have more time to determine if they should file charges. They aren’t hampered by the one-year time limit. While the prosecutor gets more time to file charges against you, they also have to build a much stronger case.

To convict you with felony elder abuse, the DA has to prove that someone in your care experienced great bodily harm. In most cases, the abuse takes place over a long time, but it can also be a single incident, such as pushing the elderly person you were caring for down a flight of stairs.
If you’re found guilty of felony elder abuse, you could spend the next four years in a state prison and also have to pay a substantial amount of fines.

It’s worth noting that there are circumstances that can trigger an even more severe punishment for elder abuse. In these cases, the age of the victim is an important factor. In a felony elder abuse case that involves a person who is older than 70, the judge can add an additional four years to your sentence. If a 70-year-old senior citizen dies as a result of the abuse you inflicted upon them, an additional seven years can be added to your sentence.

How Tough are Bail Bonds Enforcement Agents

how-tough-are-bail-bonds-enforcement-agents

One of the biggest problems the bail bonds industry runs into is that most people have learned about the bail process from television and movies. While these interpretations of the business are exciting and make for fun viewing, they aren’t an accurate representation of the industry.

When most people hear the words bail bonds agent, they immediately conjure up an image of a big, tough guy who will stop at nothing to bring them back to jail. This is not the case at all. Yes, if you fail to make your court appearance, we won’t be happy with you, but that doesn’t mean we’ll adopt a wanted dead or alive type attitude that many people seem to expect.

First, there are limits to what we can and can’t do when you fail to make a court appearance.

The first thing to consider is that we aren’t your only problem when you skip bail. You’re also going to be in trouble with the court.

In many cases, failing to appear in court results in:

  • An arrest warrant being issued
  • A failure to appear charge getting filed against you
  • Sometimes driver’s licenses are suspended
  • The amount of any future bail will be raised, or you’ll be denied bail completely

Are you Eligible for Bail?

are-you-eligible-for-bail
Getting arrested is terrifying. The goal is to make the process scary enough that you never want to go through it again.

When most people are arrested, their biggest source of fear is that they simply don’t know what will happen. While they’ve heard of bail on television, they don’t understand how the bail process works or if they’re even eligible for it.

If you’ve been charged with a minor crime, you’ll likely find out whether you’re eligible for bail at the same time you’re booked. The booking officer will tell you that you’re being released on your own recognizance or how much your bail bond cost before you’re free to go home. Both situations are the most common.

In extreme cases, the only thing the booking officer will be able to tell you is that you’ll learn more at a bail hearing. If a bail hearing is required you and your lawyer will appear before a judge. The judge will listen to what both attorneys have to say. They’ll also look at your criminal record and how strong a connection you have with the community. Based on what they learn, the judge will determine your bail amount. They will also layout the conditions of your bail.

If you need help covering the cost of your California bail, contact the family-owned bail bond business, Bail Bonds in Milpitas. We’ve put together a whole range of services that are designed to make bailing you out of jail and back in your own home as simple as possible.

We offer:

  • 24/7 Bail bond service
  • 20% Discount
  • Phone approvals
  • 0% Interest payment plans
  • No hidden fees
  • No collateral required for working signers
  • Habla Espanol

Bail Bonds in Milpitas has been serving California for several decades. Over the years we’ve learned a great deal about working with people like yourself who simply need a little help, communicating with court officials, and guiding everyone through the bail bond process.

We offer free phone and online consultations. During the consultation, you’re encouraged to ask any questions that pop into your head. By the end of the consultation, you should have a full understanding of how bail bonds works and be comfortable with the role we play.

Do you want a free consultation with a professional bail agent? If so, call 408-883-3907
or click Chat With Us now.