We Provide 24-Hour, Statewide Service
(661) 326-0608

Category: David Ortiz Bail Bonds (Page 1 of 152)

What Happens To Debts Of A Deceased Loved One?

What Happens To Debts Of A Deceased Loved One?

What Happens To Debts Of A Deceased Loved One?

Nothing about the death of a loved one is easy. Not only do you have to deal with your grief and sense of loss, but it also won’t be long before you find yourself trying to straighten out their finances and learning what debts they still owe. Figuring out the finances and making sure all outstanding debts are paid is stressful, time-consuming, and confusing.

The first thing you need to figure out is which of your loved one’s debts have to be honored and which became irrelevant when your loved one passed.

Are You Responsible For Your Deceased Loved One’s Debts?

While very few debts simply disappear when a loved one has passed, it’s unlikely that you’ll have to dip into your own bank account to pay them off. The only time you’ll have to dip into your own money is when you co-signed on a loan with the loved one.

The money from any outstanding debts your loved left behind comes out of their estate. Shortly after your loved one’s passing, public notices are issued. At this point, any creditors you’re loved one owed money to will have to contact you or the lawyer you’re using and alert you to the amount of the debt that’s still owed.

The Estate Enters Probate

Many people mistakenly assume that they’ll collect their inheritance within days of their loved one’s passing. That’s never the case. When you’re loved one passes, everything is put into probate. At this point, the person who has been assigned to act as executor of the will steps in and starts managing the estate. If you’re the executor it’s in your best interest to obtain the help of an experienced probate lawyer.

The first thing that happens is that all of the assets your loved one acquired during their life are collected and valued. In this situation, the only assets that matter are the ones that have monetary value, such as houses, vehicles, investments, jewelry, life insurance policies, and bank accounts. Trinkets and non-valuable belongings can be distributed according to the will. If there’s not a will, the items can simply be divided between family members and friends.

The executor of the will (or the probate lawyer you’ve enlisted) contacts all of the creditors who are still owed money. The creditors have a time frame during which they are allowed to file a claim. If the claim is valid, the debt is paid via actual cash your loved one left or via the liquidation of their assets.

Ideally, there will be enough money to pay off all debts. If there isn’t, high priority debts are the first to be paid.

Examples of high priority debts include:

  • Mortgages
  • Bank loans
  • Student loans
  • Funeral expenses
  • Medical expenses
  • Unpaid taxes

It’s only after these debts are paid in full that credit card debt and personal loans are dealt with.

There are some things that aren’t entered into probate. These are considered “pass outside a will” assets. They include:

  • Life insurance policies
  • Brokerage accounts
  • IRAs
  • 401(k) plan
  • Payable on death accounts

Once all of the outstanding debts are paid off, any financial assets that remain are pooled together and distributed according to your loved one’s wishes.

 

Strange Storage Rules You May Not Know

Strange Storage Rules You May Not Know

Strange Storage Rules You May Not Know

If you’re lucky enough to own a home that has a garage you probably assume that you’re free to store whatever you want inside. You probably don’t think it matters if you park a car, use it to store boxes of books, or keep a collection of landscaping tools in your garage.

In most parts of California, no one really cares what you have in your garage. However, if you live in San Francisco or Long Beach, local lawmakers are very concerned about what you do and don’t have in your garage.

The issue is addressed in San Francisco’s Housing Code. You’ll find it in the sixth chapter. The code specifically states that, “Private and public storage garages in apartment houses and hotels shall be used only for storage of automobiles.”

What happens if you break the law and store something in your garage besides an automobile? If city officials find out, they’d be within their rights to charge you a $500 fine.

Not only does this law prohibit you from storing things like rakes, boxes of clothing, garden hoses, canned goods, extra appliances, and spare pet supplies in your garage, it also means that even the items you use to care for your car, such as extra quarts of oil, a spare gallon of windshield washer, and air compressors shouldn’t be in your garage.

There is no information available about how many people were busted for storing items other than their vehicle in their garage.

In 2014, the city supervisor did attempt to get this rule, and a few others that were considered silly or outdated, removed from the book of housing codes.

 

The Ins And Outs Of Brake Checking in California

The Ins And Outs Of Brake Checking in California

The Ins And Outs Of Brake Checking in California

It has happened to all of us. You’re driving along at what you think is a perfectly acceptable speed when you notice a car behind you. Under most circumstances, the other car wouldn’t bother you, but this driver has decided you’re not going fast enough so they proceed to get as close to your bumper as they possibly can with the hopes that it will encourage you to step on the gas.

Some of us can ignore this behavior. Other drivers will speed up. Then there are those of us who decide this is the perfect time for a brake check.

What Is A Brake Check?

A brake check is stepping on your brakes, hard, for no reason other than to startle the driver behind you into backing off.

Are Brake Checks Legal?

While the idea of brake checking the driver behind you seems appealing, you should stop and consider the consequences before you do so. California’s highway patrol is quick to point out that drivers who brake check are quite possibly breaking vehicle code 22109. That means you could be the person who gets the ticket.

The problem with brake checking is that most of these instances tend to involve two aggressive drivers. The driver in the lead is irritated that they’re being pushed. The driver that’s tailgating is irritated that they’re not traveling faster. Too often what starts off as tailgating and brake checking leads to a nasty road rage incident.

How You Should Respond If Someone Is Tailgating You

Rather than brake checking the driver who is tailgating you, you should employ one of two methods designed to get them off your bumper.

The first is to simply ignore them. If they don’t want to pass, simply keep driving until they finally give in and either slow down or work their way around you. If you decide to do this, don’t slow down, which the other driver could perceive as an aggressive move.

The second thing you can do is pull over and let the other driver go around you. Only do this when you’re in a location where you can safely do so.

If the situation doesn’t get better or you feel that the other driver poses a threat, you can call the police and report the situation. Make sure you give them your location, the direction your traveling, and a description of the car that’s tailgating you.

 

Speeding In California

Speeding In California

Speeding In California

Sometimes the urge to have fun overrides our common sense. All of us know how to drive defensively and know that failing to do so could lead to an accident. Yet, when it comes to a wide-open expanse of highway, the urge to do something reckless can be overwhelming. This urge can lead to making some illegal driving moves.

While getting reckless on the open highway feels good, it can also have some painful consequences.

If you’re caught driving well over the speed limit both your driving record and your checkbook will take a hit.

The consequences of speeding down the open highway vary. How much you were speeding directly impacts how much you’re fined.

Base fines for speeding tickets are:

  • If you’re only 15 miles (or less) over the speed limit, you’re looking at a $35 ticket.
  • If you’re going 16 to 25 miles per hour over the posted speed limit, the ticket jumps to $70.
  • If you’re stopped while going 26 miles per hour over the speed limit (but still less than 100 mph) you’re looking at a $100 ticket.

In California, the maximum fines for speeding tickets are as follows:

  • $238 for driving at a speed of up to 15 mph over the maximum speed limit.
  • $367 for driving 16 – 25 mph over the maximum speed limit.
  • $490 for driving more than 26 mph over the speed limit.
  • $900 for driving faster than 100 mph.

If you are in a construction zone, maximum speeding fines increase to:

  • $367 for driving at a speed of up to 15 mph over the maximum speed limit.
  • $525 for driving 16 – 25 mph over the maximum speed limit.
  • $648 for driving more than 26 mph over the speed limit.

These fines might seem painful, but they’re nothing compared to what you’ll face if you’re driving over 100 miles per hour. When the speedometer passes 100, the consequences get more severe, especially if it isn’t the first time you’ve been caught going that fast.

  • First Offense: $500 fine and a 30-day license suspension.
  • Second Offense in a three year period: $750 fine and a six-month license suspension.
  • Third Offense in five years: $1000 fine and a one-year license suspension.

The speeding ticket may only be part of your worries. In many cases, excessive speeds also create just the right circumstances for the officer to also charge you with reckless driving. The first time you’re convicted of reckless driving, you could spend 5-90 days in a county jail and be charged a fine that ranges from $145 to $1,000.

In addition to the fines connected to your speeding tickets, you will also experience a notable increase in your monthly insurance premiums. As tempting as speeding down that stretch of open California highway might be, it’s important to remember that you can’t predict where a patrol officer might be hiding. In the long run, it’s better to ease off the gas and obey all posted speed limits.

 

Community Service In Criminal Cases

Community Service In Criminal Cases

Community Service In Criminal Cases

Many people find that they have to complete a specific number of hours of community service as a part of their sentence. Some people love this because the community service can reduce fines and jail time. Others hate having to do so much work without getting paid.

Judges have the right to make community service a part of a sentence. Sometimes the community service replaces fines, jail time, and probation. In other cases, it’s used in tandem with the other consequences.

Community service has become so popular amongst judges that some large communities discovered that they had to hire another person and even create whole new county offices just to help with the community service portion of sentencing. These separate offices help people find promising community service opportunities, track hours, and make sure everything is properly reported to the sentencing judge.

The great thing about community service is that there are lots of different options. The only stipulation is that the work has to be done in connection with a non-profit organization and that you don’t get paid for it. You can choose to complete all of the hours by working with a single non-profit or you can divide your time up with multiple organizations.

Some communities also have government programs that qualify as community service.

When you find out that you need to complete X amount of hours of community service, the first thing you need to do is sit down and think about what you like. The entire process will be more enjoyable if you’re doing work you like or at least working for a cause you’re passionate about.

Popular community service choices include:

  • Helping out at animal rescues.
  • Assisting at homeless shelters.
  • Helping organize non-profit events, such as awareness runs, and festivals.
  • Community improvement/beautification projects.
  • Speaking to school groups.

The list goes on and on.

Once you’ve identified the type of work you’d like to do, it’s time to contact the non-profits and find out their requirements. Make it clear that the volunteering work you’re doing is for the courts. Some non-profits choose not to track hours for the courts. Others require a background check that you won’t pass because you have a criminal record.

If the first non-profit you contact doesn’t work out, contact another one until you find one that’s happy to accept you.

Create a schedule and stick to it. You want to complete your community service hours as quickly as possible so that the judge doesn’t revisit your sentencing and decide you’re shirking your responsibilities. If for some reason, you do run into a problem and won’t be able to complete the required number of hours by the court-appointed deadline, you need to contact the court and let them know. It’s likely that as long as you can prove that you’re making a genuine effort they’ll choose to extend your deadline.

Be diligent about recording the number of hours you’ve worked at your community service project. Get the person who is supervising you to sign off on your time after each session. Turn the information to the court.

The great thing about community service is that you can sometimes use it to make important new connections, develop skills, and possibly even find a program you want to continue helping even after you’ve fulfilled your community service requirements.

 

California Probation Violations: Here’s What Happens In California

California Probation Violations: Here’s What Happens In California

California Probation Violations: Here’s What Happens In California

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 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 path and obey all the rules while you’re on probation.

 

Abandoned Pets In California

Abandoned Pets In California

Abandoned Pets In California

There is little that tugs on the heartstrings more than a family pet that has been abandoned. A startling number of these stories involve a family suddenly moving and leaving a cat or dog behind, often on the property. If you happen to be the person who either rents or purchases the property, it’s important to understand your legal rights.

California lawmakers addressed the issues of abandoned pets. The law was designed to protect both landlords and incoming residents from inheriting responsibility for the pet the previous tenants left behind. All you have to do is report the pet to animal control. When you report the pet, local animal control officers will arrive at the property and remove the animal. Prior to the law change, everyone had to leave the pet where it was for a full two days after its discovery to see if the previous owners planned on returning for it.

This new law makes it possible for the pet to receive shelter, food, and any veterinary care it requires.

If you are getting ready to move and are considering leaving your pet behind, you need to think again. This is a serious problem that law officials are starting to really crackdown on.

Even if there is a legitimate reason your pet can’t make the move with you, you’re legally obligated to take care of them. That means that if you aren’t able to convince a friend or family member to assume ownership, you’ll have to go through a shelter.

It’s important to understand that abandoning your pet is illegal. The resulting charge is a misdemeanor. If you’re found guilty you could be fined $50-$500 and possibly spend time in jail.

If the stress of the move causes a pet to run away, you need to report them as a lost animal as quickly as possible. Reporting them as lost not only increases the odds of them getting safely returned to your family, but eliminates the possibility of you being charged with animal abandonment in California.

 

Distracted Driving In 2021

Distracted Driving In 2021

Distracted Driving In 2021

Most of us are familiar with drunk driving and know that it’s something we should avoid. Few of us know about distracted driving. Distracted driving is exactly what it sounds like. If you’re ticketed for distracted driving, it means that rather than paying attention to the road, the bulk of your attention was focused on something else.

Most distracted driving tickets are issued because the driver was using their cell phone while driving, but you can be ticketed for getting in an argument with your passengers, trying to set your navigation system while your vehicle is in motion, or even trying to mop up coffee that you’ve spilled all over yourself.

Distracted driving became a thing when manufacturers started installing radios in cars and people started getting into accidents because they were changing the station rather than watching the road. Today, cell phones are the biggest source of distracted driving. Stats indicate that sending a short text while you’re behind the wheel means your 23 times more likely to get into an accident. Many of these distracted driving accidents end with someone getting hurt.

California drivers have been getting distracted driving tickets for several years, but now that 2021 has begun, those tickets are a much bigger issue.

California law refers to distracted driving as “anything that takes your eyes or mind off the road or hands off the steering wheel – especially when texting or using your phone.”

The tweaks made to the distracted driving law in 2021 focus exclusively on anyone who is using their cell phone while they are behind the wheel.

The first time you’re caught using a cell phone while driving, you’ll be issued a ticket for $162. Any distracted driving tickets you collect after that first one will cost a whopping $285. If you get two or more tickets that are connected to using a cell phone while driving, the state will add a point to your license. Too many points and the state could suspend your driver’s license.

If you’re in an accident or cause a moving violation while you’re driving, the police officer will likely write additional tickets. When all is said and done, deciding to answer a text message while you’re behind the wheel could destroy several months of careful budgeting.

At this point, you will only receive a distracted driving ticket if you are using your hands to operate your cell phone. Hands-free phone operation is still allowed.

Tougher distracted driving penalties are just one of the changes drivers will encounter during 2021.

 

Selling Real Estate Without A License

Selling Real Estate Without A License

Selling Real Estate Without A License

Selling real estate seems simple enough. Someone wants to sell their house. You know a few people who would be interested. You agree to act as a broker between everyone. Considering that people sell houses as “for sale by owner” all the time, what can possibly go wrong.

Yes, it’s possible that this could turn into a good deal for everyone, it can also go horribly sideways. While state laws do allow you to sell your house without the aid of a real estate agent, you’re not allowed to step in and act as a broker for another person unless you’ve been properly licensed by the state.

Getting a real estate license in California isn’t necessarily difficult, but it does require some commitment on your part. The state real estate board wants proof that you clearly understand the ins and outs of real estate law.

The State of California won’t issue a real estate license to you until you’ve:

  • Completed a specified real estate course.
  • Passed a written exam.
  • Undergone a thorough state background check.

It is important to understand that California has two different types of real estate license: (1) a license that allows you to act as a real estate salesperson and (2) a license that allows you to act as a real estate broker.

You won’t be granted a broker’s license until you’ve first obtained your salesperson license. The state won’t even consider your application to become a broker until you’ve obtained a great deal of hands-on experience working as a real estate salesperson.

Failure to become properly licensed before selling real estate has serious legal repercussions. If you’re caught, you could be facing either a felony or misdemeanor charges. The punishment often depends on why you were eventually caught, how many properties you ultimately helped sell, and if you have ever been charged with selling a property without a license in the past.

In many cases, you’ll serve time in either jail or state prison. It’s also likely you’ll be required to pay a steep fine, have a probation period, and even be required to do community service. Depending on the situation, you could also have to pay restitution to everyone involved in the case. There’s also a chance that civil charges will be filed against you. It’s unlikely that you’ll ever be allowed to legally sell real estate after you’ve been convicted.

All things considered, it’s best to put in the work and obtain your real estate license rather than trying to take a short cut.

 

Elder Abuse In California

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:

  • Emotional abuse
  • Financial abuse
  • Physical abuse
  • Neglect

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.

 

Page 1 of 152

Copyright © 2020 David Ortiz Bail Bonds. License # 1841120 | All Rights Reserved.

At David Ortiz Bail Bonds, we do everything to make your bail experience as hassle-free as possible. David Ortiz Bail Bonds offers complete bail-bonding services along with numerous benefits.