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Category: Bail Bonds News (Page 1 of 246)

Using Stolen Credit And Debit Cards In California

Using Stolen Credit And Debit Cards In California

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Unless you have the card owner’s permission, it’s illegal to use a credit or debit card that doesn’t belong to you. It doesn’t matter if you found the card lying in the middle of a parking lot, have the card that belongs to someone who has recently passed away or once had permission to use the card but no longer does. If you use a credit or debit card that doesn’t belong to you, you’ll violate California’s Penal Code 484e PC.

According to Penal Code 484e, using a stolen credit or debit card in California is considered an act of grand theft.

While many cases of credit/debit card fraud in California are felonies, the issue is one of California’s wobbler crimes. The deciding factor between being charged as a felony or misdemeanor is the amount of money obtained via the stolen credit/debit card. Anything with a value of $950 is considered petty theft and a misdemeanor. If you used a stolen debit/credit card to steal more than $950 you will be charged with grand theft which is a felony.

It’s important to note that you can’t simply go to multiple ATMs and withdraw a sum of less than $900 each time and expect that you’ll only get charged with petty theft. If the total amount you withdrew exceeds $950, you’ll be charged with grand theft.

It’s important to note that even if you never actually run the stolen debit/credit card through an ATM or at a store cash register. You can also be charged for violating Penal Code 484e if you use the stolen card to transfer money from one account to another or if you are holding onto the card intending to eventually use it for your own purposes.

You can also be charged with violating Penal Code 484e if you fail to retain the permission of the cardholder before holding onto information related to their credit or debit card. The assumption is that the only reason you would continue to have the credit/debit card information is that you plan on eventually using it for your purposes.

When you’re convicted of credit/debit card theft in California, the judge will look at a few different things while they decide how to sentence you. The biggest factors they’ll consider are the circumstances surrounding your use of the credit/debit card and your criminal record, particularly any prior convictions you’ve had for grand and petty theft.

In felony cases, you could be sentenced to as much as three years in jail and serve felony probation.

 

How The Press Will Handle California Protests In 2022

How The Press Will Handle California Protests In 2022

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One of the concerns many people have recently voiced is that there have been instances of the police making it difficult for members of the press to cover protests. The issue has been hotly debated in California, a debate that led to the creation of the Senate Bill No. 98 (SB98 Bill).

It’s easy to understand the press’s frustration when California police officers not only make it difficult for them to cover the protest. It’s also easy to see that the police are worried about adding even more people to join a potentially volatile group of people. In many cases, the police are worried that adding the press to the mix could cause the situation to implode and that the police will be blamed.

The truth is that there is no ideal situation. On the other hand, it’s not really fair that press members who are simply trying to do their job have actually gotten arrested. In the words of Democratic Sen. Mike McGuire, the main purpose of the SB98 Bill is to make it illegal for the police to see press members and immediately block them from covering the protest.

In a U.S. News story, McGuire pointed out that the Bill is in line with other California policies pertaining to the press and free speech.

“There’s no doubt about it, California now has some of the toughest protections in place for journalists compared to any other state in America,” McGuire said. “We have seen a surge in egregious acts of violence and obstruction made against members of the press across the country and right here at home in the Golden State.”

It shouldn’t come as any surprise that various media organizations are in favor of the SB98 Bill. They feel it’s the appropriate response to recent reports of press members not only being blocked from covering various protests but also allegedly being arrested when they arrived at the protest.

Governor Newsom signed the bill on Oct. 9. When you read the bill, you’ll learn that it allows: “A duly authorized representative of any news service, online news service, newspaper, or radio or television station or network may enter the closed areas described in this section.”

It goes on to say that: “A peace officer or other law enforcement officer shall not intentionally assault, interfere with, or obstruct the duly authorized representative of any news service, online news service, newspaper, or radio or television station or network who is gathering, receiving, or processing information for communication to the public.”

It will be interesting to see how members of the press will prove that they are at a protest as part of their job and that they aren’t just a random person who is claiming to be a press member simply so they’re granted instant access to a protest.

 

Obstruction Of Justice Laws In California

Obstruction Of Justice Laws In California

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A surprising number of people think that obstruction of justice is something the writers of procedural shows made up in order to correct plot holes. While it’s true, obstruction of justice is an overused plot device, it is also a real thing. If you live in California, there are a few things you should know about the state’s obstruction of justice laws.

One of the interesting things about obstruction of justice in California is that the state doesn’t have a specific obstruction of justice crime. Instead, it’s a blanket term that’s used to describe a variety of offenses that are commonly referred to as California’s obstruction of justice laws.

Official offenses that are considered forms of obstruction of justice include:

  • Destruction of evidence
  • Withholding evidence
  • Resisting arrest
  • Preparing false evidence
  • Providing a false statement
  • Hiding a witness/suspect
  • Interfering with an arrest
  • Lying to police officers
  • Failing to report a crime
  • Tampering with evidence
  • Intimidating/threatening a witness

The exact consequences of breaking one of California’s obstruction of justice laws varies from case to case. One of the reasons so many different “crimes” fall under the label of obstruction of justice is so that prosecutors have the option of choosing the one that best matches the exact scenario where justice was obstructed.

For example, if you’re convicted of preparing false evidence, your sentence could include 16 months to three years in prison plus as much as $10,000 in fines. In this particular case, you’ll also likely be convicted of felony forgery.

On the other hand, if you are convicted of destroying evidence, you’ll only be convicted of a misdemeanor. The maximum sentence for destroying evidence is six months in a county jail and/or a $1,000 fine.

If you interfere with an arrest which is also called obstructing a police officer, your sentence could be convicted of a misdemeanor. The maximum sentence is a year in a county jail and up o a $1,000 fine.

If you’re charged with one of California’s obstruction of justice laws, don’t automatically confess. The burden of proof lies with the prosecution and making their case often isn’t as easy as they make it sound in the interrogation room. Not only do they have to prove that you did something that made it difficult for the prosecution to make a case or for the police to investigate the crime, but the prosecution also has to prove that at the time of your actions, you knew that you were doing something that obstructed the natural course of justice.

 

Crosswalk Safety In California

Crosswalk Safety In California

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Walking to work means you don’t have to worry about getting caught in a traffic jam. It’s a great way to build some stamina while also burning a few calories. It also provides you with the means to start slowing down and develop a connection with the world you live in.

Just don’t think that walking to work is safer than driving yourself. A surprising number of California pedestrians are killed annually. According to the California Office of Traffic Safety, there were 972 pedestrian deaths in 2019. Approximately 22% of fatal traffic episodes in California involve a pedestrian. These alarming statistics prompted California lawmakers to pass the “Right-of-Way at Crosswalks” law.

The Right-of-Way law is written up in Code, Section 21950(a). When you read through the formal law, you’ll learn that drivers are legally required to yield to a pedestrian who is strolling through a crosswalk. The law requires that drivers yield to the pedestrian in both marked and unmarked crosswalks. The implementation of the law also requires that drivers use a little additional care when approaching a crosswalk and be on the lookout for pedestrians who may be about to step onto the street. If a pedestrian is stepping onto the street, the driver will have to stop to allow the pedestrian to safely cross the road.

Another issue that’s dealt with in the Right-of-Way law is passing while driving through a crosswalk. Passing while driving through a crosswalk is dangerous for several reasons, including that the passing driver may not see a pedestrian until it’s too late.

The interesting thing about California’s Right-of-Way law is that it’s designed to protect the rights of both pedestrians and drivers. Drivers do have the right away at crosswalks that are controlled with signals, provided the signal indicates that the driver can go. In this situation, the pedestrians are supposed to yield for drivers. However, drivers do have to wait for slow-moving pedestrians who may be struggling to reach the opposite side in a timely fashion, and the driver must be prepared to take safe and evasive action if a distracted pedestrian fails to notice the sign.

Drivers who are caught failing to adhere to California’s Right-of-Way law will likely receive a traffic citation which will involve a steep fine, points and the possibility of having the state consider revoking their driving privileges.

 

Tips For Fighting Parking Tickets

Tips For Fighting Parking Tickets

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All of us have dealt with parking tickets at some point in our lives. Most of the time, we simply grit our teeth, pay the connected fine and promise ourselves that next time, we’ll do a better job of making it back to our vehicle before the meter runs out.

But what about those times when the parking ticket simply doesn’t seem fair? Is it possible to fight a California parking ticket?

The answer is yes, you can fight a California parking ticket. Whether you win that particular fight depends on the exact circumstances surrounding the ticket.

What you don’t want to do is get into an argument with the officer who is issuing the ticket. More often than not, this argument will result in you doing or saying something that will get you into more trouble than the parking ticket is worth.

The first thing you need to do is gather the data you’ll use to fight the parking ticket. The best way to accomplish this is by pulling out your cell phone and snapping pictures of everything you think is relevant to your case.

Instead of paying the fine connected to the parking ticket, read over the ticket and follow the instructions for requesting a hearing. Most jurisdictions are set up so that fighting a parking ticket involves submitting a dispute letter which you mail to the parking ticket office. This letter should include some of the pertinent letters you took of the scene, any witness statements you collected and an explanation about why you don’t think you should have to pay the California parking ticket. You will want to submit your intention of not paying the parking ticket to the parking ticket office within 30 days of receiving the parking ticket.

Look over the parking ticket for mistakes. A single mistake on the parking ticket is often the difference between you winning and losing the hearing. Pay particular attention to the date and time posted on the ticket.

You will receive information that includes the time and location of your hearing. Bring all of your evidence to this trial and make sure you present it to the judge in a clear, calm and concise manner. If you miss this hearing, you will have no choice but to pay for the parking ticket.

Good luck!

 

The Ins And Outs Of Medical Malpractice

The Ins And Outs Of Medical Malpractice

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Mistakes happen.

The problem is that when a member of the medical profession makes a mistake, there is a good chance that a person’s health and/or overall quality of life could be impacted. In some cases, a mistake could result in someone losing their life.

According to the American Board of Professional Liability Attorneys (ABPLA,) Medical malpractice, “occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.”

Many of us assume that medical malpractice involves a major medical misdiagnosis or a mistake that happens during surgery. The truth is that many things can be considered medical malpractice, including:

  • A failure to provide the legally required level of care a patient requires
  • Failing to request proper testing that would lead to an accurate diagnosis
  • Ignoring or failing to properly identify important symptoms
  • Misdiagnosis
  • Performing surgery that isn’t necessary
  • Failing to acknowledge a patient’s medical history
  • Discharging a patient too soon
  • Failing to properly handle and read lab results
  • Failure to deliver lab results in a reasonable amount of time
  • Surgical mistakes
  • Failing to provide sufficient follow-up care
  • Failure to educate the patient about proper follow-up care

One of the challenges the general population encounters daily is that it’s difficult to know if you’re an actual victim of medical malpractice or if your health simply took an unexpected turn that medical professionals handled to the best of their ability.

Most people find that learning they are the victim of medical malpractice requires two things. The first is careful and accurate records of everything that happens whenever they seek medical care. Keep a log of every single member of personnel you encounter and everything that is said to you. You should also keep a list of tests that are run, medications that are administered and what your expected response to medications/treatments/surgeries is.

If you suspect that you’ve been a victim of medical malpractice, your next step is getting a second opinion. Make sure you go to a doctor/medical facility that isn’t affiliated with your original provider. If the professionals who provide a second opinion indicate that something seems off with your recovery/treatment/diagnosis, it’s time to contact an experienced medical malpractice attorney who will look at your records and listen to your story before providing you with a plan of action.

A medical malpractice case can take a long time to prove. It will take an even longer time to receive your settlement. To preserve your health, you need to leave the legal stuff in your lawyer’s hands and find a doctor you trust who will accurately and compassionately oversee your health.

 

Things You Should Know About Receiving Stolen Property In California

Things You Should Know About Receiving Stolen Property In California

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Don’t assume that just because you didn’t actively participate in a burglary that the items taken during the burglary won’t get you into trouble. They likely will.

It doesn’t really matter if you hold stolen items in your garage while your friend finds a fence, if you’re gifted a stolen television, or if you purchase stolen goods, if those items are found in your possession, you could find yourself facing a charge of receiving stolen property in California.

The topic of receiving stolen property in California is dealt with in PC 496. It states that:
“Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170.”

That sounds pretty serious, doesn’t it? It also sounds like you could be charged with receiving stolen property in California even if you knew nothing about the crime or the history of the items you’re purchasing or accepting as a gift.

This is one of those situations where reading the law doesn’t really provide you with the full picture. Yes, if you purchase items that were involved in a robbery, you could be charged with receiving stolen goods in California, but that doesn’t necessarily mean you’ll be convicted.

To secure a conviction the prosecutor has to prove two things. The first two are usually relatively easy for them to prove. They have to show that:

  • The items involved in your case really were stolen
  • That you received the stolen items in some manner

The third thing is more challenging. The final thing the prosecutor has to prove to convict you is that you knew the items were stolen and that you still accepted them.

If you genuinely didn’t know that you were accepting stolen property and that you had no reason to suspect that the items had a dark past, you should be okay.

If you did know the property was stolen, the repercussions will be serious. If you’re convicted of misdemeanor receipt of stolen property in California, the maximum sentence is a year in a county jail, a $1,000 fine, misdemeanor probation. The only way you’ll be charged with misdemeanor receipt of stolen property in California is if the property in question is less than $950. If it exceeds that amount, you’ll face felony charges. The sentence for felony receipt of stolen goods could include as long as three years in prison, a $10,000 fine and felony probation.

The best way to make sure you never face receiving stolen property charges in California is by always getting a detailed history on any item you purchase online.

 

Preventing Porch Piracy

Preventing Porch Piracy

Preventing Porch Piracy

You may not be familiar with the term “porch pirates” but it’s a pretty good bet that either you or someone you are close to has been a victim of one.

A porch pirate is exactly what it sounds like. It’s a term that refers to someone who spots a delivery package on your porch or near your front door. Rather than ignore the recent delivery, they walk up to your front door and take it for themselves. Once they’re safely away from your home, they’ll open the package, if it’s something valuable they’ll either keep the item or sell it. If it’s not something they’re interested in, they’ll throw it away. Either way, you’re the one who loses out.

The increasing dependency on online shopping and delivery services has driven porch piracy incidents to all-time highs. According to Finder, 14% of Americans are victims of porch piracy during a twelve-month period. That means 35.5 million people have a package snatched from their homes. The estimated value of each incident is $156.82.

The good news is that you can take some steps to prevent yourself from being a local porch pirate’s next victim.

Take Advantage Of Tracking Notifications

Most online businesses provide free online tracking for your packages. You’ll want to utilize these. You can often set the system up so a text is sent directly to your phone. In some cases, you’ll see approximately what time the package is scheduled to arrive and even how many stops before the driver is at your door.

If you’re home, you can use this information to meet the delivery at your door. If you’re not home, you can see if a neighbor or another trusted person, can pick up your package before it’s noticed by a passing porch pirate.

Have The Package Held At A Different Location

If you’re concerned about a package being stolen, see if the delivery service has an option that lets you have the package delivered to a local drop-off point. More shipping companies have started doing this in an effort to limit liability and cost issues connected to porch piracy. In most cases, a local business serves as a drop-off point. They hold the package until you’re able to fetch it.

Consider A Lockbox

A lockbox is a great way to deter porch pirates. You can install the mailbox in an area that’s easily accessed by delivery drivers. They deposit the package into the lockbox which hides the delivery until you get home.

Security Cameras

Security cameras and doorbell security cameras are becoming increasingly more affordable for the average person. They are also a great way to deter porch pirates. If someone does try to sneak on your porch and steal one of your packages, you can turn the footage of the porch pirate to the police who may be able to identify the person so you can press charges. Even if the police can’t get an identity from the video footage, they will learn the approximate time that the porch pirate operates in your area and may be able to arrange to have a patrol car in the area so they can arrest the thief red-handed.

What steps have you taken to deter porch pirates?

 

Can You Be Charged Multiple Times For The Same Act In California?

Can You Be Charged Multiple Times For The Same Act In California?

Can You Be Charged Multiple Times For The Same Act In California?

When you start researching California’s different laws, you’ll realize that many of them are quite similar. As you notice the similarities, you’ll also realize that there are several instances when it appears that a person could conceivably be charged multiple times for the same crime. An example of this would be someone who breaks into a person’s house. They could face charges of trespassing, theft, armed theft, home invasion, etc.

California lawmakers decided they wanted to simplify things, so they passed a code that prohibited prosecutors from charging a person multiple times for the same act.

The idea of multiple charges for the same act is discussed in the Penal Code 654 PC. The code specifically states that: “an act that is punishable in different ways by different provisions of law shall be punished under the provision that provides for the longest potential term of imprisonment, but in no case shall the act or omission be punished under more than one provision. An acquittal or conviction and sentence under any one bars a prosecution for the same act under any other.”

It’s not always easy figuring out if a person has committed multiple crimes in the same act, forcing the prosecution to commit to a single charge, or if multiple acts were committed, which allows the prosecution to file multiple charges. To make deciding easier, prosecutors use what is called the transaction test.

The transaction test is designed to look at two huge components of a case. These components are objective and intent.

It’s important to understand that while you can’t be charged multiple times for the same action, you can be charged for each action. For example, if you trespass on your neighbor’s property and commit an act of petty theft, you’ll only be charged with petty theft for that instance. However, if you are caught in your neighbor’s yard at a different time than when the theft was committed, you’ll likely face trespassing charges.

 

How To Choose A Pet Sitter

How To Choose A Pet Sitter

How To Choose A Pet Sitter

As much as we would like to, there are times when we simply can’t take our dogs with us when we go somewhere. Reasons for not bringing your pet along with you include, you didn’t get pet-friendly lodging, you’re on a trip that simply isn’t conducive to having your dog along, you’re going to be around people who are allergic to dogs, the amount of traveling you’re doing would be too much for your dog.

Since you aren’t able to bring your dog with you, you’ll have to find a pet sitter.

Do not wait until the last minute to find a dog sitter. Start looking as soon as possible. The sooner you start looking for a good pet sitter, the better the odds become that you’ll find one that both you and your dog like.

When you initially start talking to pet sitters, make sure you consider your dog’s needs. Do they require a quiet setting? Are they child-friendly? How do they get along with other dogs? Can they be in an environment with cats and other household pets? Do they require a great deal of exercise? Do they need medications at a specific time of the day?

Knowing exactly what your dog requires in order to remain healthy and happy while you’re away goes a long way towards narrowing down your list of potential dog sitters. For example, if your dog has to be medicated every 12 hours, you have to choose a pet sitter who can work with the schedule. If your dog doesn’t like cats, you’ll need a pet sitter who doesn’t have cats in the house.

Once you’ve narrowed down your list of potential dog sitters, you’ll want to visit each one and check out the kind of place your dog will be living in. In addition to making sure it is safe, you should also make sure it matches your dog’s personality. Use this as an opportunity to check out the pet sitter’s pets and their current clients. Each should be happy and safe.

While you’re visiting the pet sitter’s home, use the opportunity to quiz them about the type of training they have had, how they handle pets and what they will do to keep your dog happy and safe.

At some point in the process, check with the pet sitter’s references and make sure they really are a reputable pet sitter with the skills needed to care for your dog as well as you do.

While you’re away, frequently check in with your pet sitter and make sure that everything is going well.

 

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