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The Legal Ramifications Of Falsely Reporting A Crime In California

The Legal Ramifications Of Falsely Reporting A Crime In California

The Legal Ramifications Of Falsely Reporting A Crime In California

We’ve all been in a situation where someone has done something that deeply hurts us. When that happens, we can’t stop thinking about how we can get revenge. In most cases, the anger fades and you never take action against the other person.

There are exceptions.

There have been cases of people reporting a false crime in an attempt to get back at something. If this is something you’re considering doing, you should know that the State of California has legal protocols in place that are designed to discourage such malicious behavior.

What Happens When You Falsely Report A Crime In California?

The police want to trust everyone that walks into a police station and reports a crime. If you decide to try to get your friend in trouble for… shoplifting. The police will take you seriously. They’ll launch an investigation and might even arrest your friend.

The problem is that there is often evidence that the person who has been falsely accused isn’t guilty. It’s at this point that the police will start looking at you. They’ll want to know how you could have witnessed a crime that either didn’t happen or that involved someone else. They’ll become particularly suspicious if they learn that you have a history with the person you accused of shoplifting.

To Falsely Report A Crime, Do You Have To File Charges?

When the average person thinks about falsely reporting a crime, most people think to lie about the fact that someone they knew was involved in a crime. They usually think it’s a malicious act. That’s not always the case. One of the most common falsely reported crimes is someone reporting that something, like a vehicle, has been stolen in an attempt to get insurance money.

Most of the time, the truth comes out when the police start investigating.

The Punishment Of Falsely Reporting A Crime In California

The issue of falsely reporting a crime is covered by Penal Code 148.5. When you read the law, you quickly learn that even if you don’t officially report the crime to a police officer, but rather to a 911 operator you can still be found guilty of a falsely reporting a crime.

If you’re found guilty of falsely reporting a crime, you’ll be charged with a misdemeanor. The most severe punishment is a $1,000 fine and potentially having to spend six months in jail.

In addition to facing criminal charges, there is also a chance that you could find yourself in the middle of a civil lawsuit.

No matter how angry or desperate you get, you should always resist the impulse to falsely report a crime. The small twinge of satisfaction simply isn’t worthwhile.

 

Legal Responsibilities Attached To Witnessing A Crime In California

Legal Responsibilities Attached To Witnessing A Crime In California

Legal Responsibilities Attached To Witnessing A Crime In California

As you were walking your dog, you witnessed a hit and run. No one was hurt, but the fleeing car did do quite a bit of property damage. Suddenly you’re in the middle of a moral dilemma. Should you report the crime or should you pretend it didn’t happen and simply go home.

While no one can tell you what you should do, you should know that if the police find out that you witnessed the hit and run, or any other type of crime, you should report the incident. There are some crimes, such as child abuse, where failing to report the situation could land you in hot legal water.

Why You Should Report The Crime

Witnessing a crime triggers a strange surge of emotions. On the one hand, you know you have a moral responsibility to tell the authorities what happened. On the other hand, you can’t stop thinking that doing so will make you some sort of tattletale, a title you worked hard to avoid while you were in grade school.

What you have to understand that telling the police about a hit and run driver or blowing the whistle on white-collar crime is not the same thing as telling your teacher that your best friend is jumping in mud puddles and splashing water on everyone.

When it comes to crime, no matter how small the issue might be, you have a moral obligation to report it.

How Much Time Do You Have to Report The Crime?

When it comes to reporting a crime, sooner is better than later. Reporting the crime right away prevents someone else from going to the police and telling that you were on the scene and have failed to report the incident. The other advantage of reporting the crime as quickly as possible is that your memory of the incident will be clear, making you a credible witness.

What Happens If You Don’t Report A Crime?

There are some crimes, particularly those that involve children, that you’re legally required to report. Failing to report a crime that involves a child comes with serious legal ramifications. If you know a child is being abused or neglected you are required to report the crime to a child welfare professional or a police officer. You have to report the situation within 36 hours of witnessing the event.

The maximum penalty for failing to report a child is a $1,000 fine and a six-month jail sentence.

 

When Are You Required To Wear A Face Mask In California

When Are You Required To Wear A Face Mask In California

When Are You Required To Wear A Face Mask In California

The COVID-19 pandemic has triggered some pretty serious life changes. Recently, California’s governor declared that everyone is required to wear a face mask.

Why Are Face Masks Required In California?

There is a great deal of debate about whether the governor actually can demand that everyone wear a face mask in California. The decision wasn’t one that he, or any of the other states, randomly decided on. While no one is willing to guarantee that face masks will definitely protect you from developing COVID-19 there is plenty of scientific evidence that supports the idea that face masks will slow the spread of the potentially deadly virus.

The most compelling bit of evidence that supports the idea of wearing a face mask is a German study that revealed wearing a face mask reduces the spread of infectious diseases like COVID-19 by 40%. It is worth noting that medical experts all agree that masks are the most effective when you adhere to other social distancing protocols which include maintaining a six-foot gap between yourself and other people and avoiding large groups.

Who Has To Wear Face Mask In California?

Except for children under the age of two, adults who have a medical reason to not wear a mask and individuals who aren’t able to remove the mask without assistance, everyone is required to wear a face mask. You are expected to wear a mask that is constructed out of tightly-woven material and it has to cover both your nose and mouth.

Where Do Face Masks Have To Be Worn In California?

The law is very clear about where you have to wear your face mask. If you’re indoors and in a public setting, your mouth and nose must be covered. You are allowed to remove it when you’re eating. If you’re utilizing public transportation, a taxi or a rideshare program, you should be wearing your mask.

You are also required to wear a face mask anytime your outdoors and in an area where social distancing protocols aren’t in place.

The governor was quick to explain why he felt the need to create the California face mask law. Simply put, “we are seeing too many people with faces uncovered — putting at risk the real progress we have made in fighting the disease,” Gov. Gavin Newsom explained in a recent statement.

In addition to wearing your face mask, you can further prevent the spread of COVID-19 by regularly washing your hands, using sanitizer and disinfecting your cell phone.

 

Preparing To Be Bailed Out Of Jail

Preparing To Be Bailed Out Of Jail

Preparing To Be Bailed Out Of Jail

No one wants to sit in jail any longer than absolutely necessary. Paying bail is the best way to get yourself released from jail so that you can start picking up the pieces of your life while also preparing your defense. In some cases, bail is determined by the charges filed against you. In other situations, you’ll have to appear before a judge who determines the amount of bail required for your release.

It is in your best interest to prepare yourself for the bail hearing.

Is A Bail Hearing Necessary?

Procedural shows give the impression that nearly every person who is arrested must go through a bail hearing. The truth is that in many cases, a bail hearing isn’t required. In a vast majority of cases, state and local laws already exist which determine how much your bail will be. The amount is disclosed shortly after the formal charges are filed.

Contact A Lawyer Before Your Bail Hearing

A bail hearing isn’t nearly as important as your future court dates are, but that doesn’t mean you should treat it lightly. When you appear in the courtroom, you want to appear polished, knowledgeable of the law and in control. Most importantly, you need good legal representation. It doesn’t matter if it’s a lawyer you’ve hired yourself or one the court has appointed. You want to have a lawyer beside you during the bail hearing. They will do everything in their power to convince the judge that you’re trustworthy, that you’ll make all of your future court dates, and that you shouldn’t be hit with an obscenely high bail.

Go To Court

Prior to the bail hearing, your lawyer should be familiar with the current charges you’re dealing with, your personal history and ties to the community, and if you already have a criminal record. This is the information they need to have to help you secure the lowest possible bail. Make sure you’re completely honest. Failing to disclose information to your lawyer could not only result in them being blindsided during your bail hearing but also come back to bite you in later court appearances.

After the judge listens to both sides of the case and reviews the charges, they’ll determine your bail.

Secure Your Bail

The great thing about bail is that you’re not responsible for the entire amount. You only must come up with 10% of it. If you’re lucky, you already have enough or are able to borrow some from your friends and family. If you can’t come up with the amount, you’ll have to contact David Ortiz Bail Bonds in Porterville.

We’re available 24/7 and will carefully review your case. Based on what we learn, we’ll determine if we’re confident that you’ll make all of your court appearances. If we think you will, we’ll cover your entire bail. In some cases, we do require you to have a co-signer.

When you find yourself in need of bail money, contact David Ortiz Bail Bonds in Porterville. Call us at 1-866-485-6356 or 661-326-0608 or click Talk To An Agent Now to chat. Consultation is FREE!

Co-Signing For A Loved One’s Bail

Co-Signing For A Loved One’s Bail

Co-Signing For A Loved One’s Bail

One of the worst middle of the night calls you’ll ever get is a loved one telling you that they’ve been arrested. There usually isn’t much you can do after the initial call. Soon your loved one will find out how much their bail is and will likely call you again.

In many cases, the bail is a small enough amount that you’re able to come up with the money on your own, but sometimes it’s just too much for you or your loved one to handle.

If your incarcerated loved one decides to contact David Ortiz Bail Bonds in Farmersville and request that they need help with bail, there’s a chance you’ll be asked to co-sign.

Is A Bail Co-Signer Necessary?

Just because your loved one has contacted David Ortiz Bail Bonds in Farmersville it doesn’t mean that you’ll have to co-sign. One of the reasons we’ve become the best bail bond company in California is because we don’t have a one-size-fits-all approach to bail bonds. When we are contacted, we dig deep into your loved one’s history. Based on what we find we decide if:

  • We’ll let them make payments.
  • If they have collateral we’ll accept.
  • If they get a discount.
  • If they need a co-signer.

If You Have To Co-Sign For Bail

If you do have to co-sign for your loved one’s bail, there are a few things you need to keep in mind.

First, you’re co-signing for the entire amount of the bail and not just for the ten percent we’ll keep after your loved one’s case.

If your loved one fails to make one of their court appearances, you’ll be responsible for reimbursing the entire amount of the bail to us.

If you decide to co-sign for your loved one’s bail, keep in mind that you’ll likely be using some tangible property, such as a home, car or jewelry as collateral. If your loved one fails to appear in court, we’ll take the items.

Because you have a vested interest in the case, you do have some rights. For example, if something happens to shake your faith in your loved one and you suddenly decide that they’re not going to show up for a court date, you can contact us and we’ll see that their bail is revoked and they will be arrested.

At the end of the day, only you can decide if your loved one will be a flight risk. If you’re confident that they’ll behave themselves and make their court dates, agreeing to co-sign for their bail is an excellent way to develop a closer relationship and also gain their loyalty.

Are you thinking about co-signing for a loved one’s bail? Contact David Ortiz Bail Bonds in Farmersville for a FREE consultation at 1-866-485-6356 or 661-326-0608 or click Talk To An Agent Now to chat.

Unwritten Camping Rules To Remember

Unwritten Camping Rules To Remember

Unwritten Camping Rules To Remember

Camping is wonderful. Camping provides you with the means to connect to the earth and nature while also bonding with family and friends. The best thing about camping is all the great memories you collect during each camping trip.

The next time you’re about to hit the woods for an epic camping trip, keep these unwritten camping rules in mind.

Leave Your Site Better Than You Found It

It doesn’t matter if you’re a slob at home when you’re camping, you need to turn into a neat freak. Commit yourself to keeping each place you pitch your camp cleaner than when you found it. Not only does this ensure that the next set of campers who come along will also have a nice place to set up camp, but it also proves that you are environmentally aware.

Keeping the campsites cleaner than how you found it includes cleaning up after your pets.

Don’t Leave The Fire Burning

California has had more than its fair share of fires. The last thing you want is to be the cause of the next wildfire. Making sure you douse the fire whenever you’re not sitting in front of is important. It’s a good idea to throw some water over the fire pit so that there’s no risk of a stray spark setting off a big blaze.

When you’re camping, take a little while to study your campsite. If the area is full of dry leaves, underbrush and grass, hold off on starting a fire. If a spark jumps out of your fire pit and sets some of the dry matter on fire, the entire campsite will go up in flames before you have time to spring into action.

The Camp Bathroom Isn’t Your Kitchen

A surprising number of people who use campgrounds treat the campground’s bathroom like it’s their kitchen. They actually use the sink to wash their dishes. If you’ve never done this, great! If you have, make sure you don’t do it again. Not only is the practice a health hazard, but it can also play havoc on the campgrounds plumbing system and it’s rude to other guests.

Be Respectful While Camping

You’re on a great camping experience and want to have a good time, but that doesn’t mean you should leave your good manners at home. If you’re using a campground, you need to be respectful. That includes things like:

  • Not walking across someone else’s campsite.
  • Staying calm and quiet during the night.
  • Using low lights.
  • Keeping your pets and your kids under control.

Following these simple unwritten rules of camping will increase the amount of enjoyment you get on your next camping adventure.

 

What Is Housing Discrimination?

What Is Housing Discrimination?

What Is Housing Discrimination?

It is incredibly difficult to find affordable housing in California. The average price of a home in California is $600,000 which is double the national average.

There are several reasons for the housing crisis, including:

  • The number of homes/apartment buildings that have been destroyed by wildfires in recent years.
  • High construction costs.
  • A discrepancy between the average wage and the average cost of a home.
  • Not enough construction companies/workers.
  • Lack of housing subsidies.

The situation is so bad that some California residents who make middle wage or lower report that they have spent 3-5 years trying to find an apartment.

The Role Housing Discrimination Plays In California

In an attempt to keep a roof over as many heads as possible, California lawmakers have passed housing discrimination laws. These laws are very similar to many workplace discrimination laws. The housing discrimination laws prevent landlords and real estate companies from using someone’s sex, sexual preference, race, religion, marital status or disability when determining who should and shouldn’t be allowed to live in a particular property.

The housing discrimination laws specifically prevent landlords/real estate agents from:

  • Openly using personal discrimination as a reason for refusing to lease, sell or rent to a person.
  • Being so biased that they’re unwilling to negotiate with an interested party.
  • Learning a person’s gender/age/race and suddenly deciding that a unit is no longer available.
  • Using personal bias as a reason to provide inferior living conditions.
  • Behaving in a harassing manner.

Do The Housing Discrimination Laws Work?

It’s difficult to determine just how effective California’s housing discrimination laws are. While they likely prevent a landlord from evicting a tenant because of race, there’s no way to tell if a prejudice against a tenant’s age/marital status/gender doesn’t cause the landlord to seek out a reason to evict the person or to reject someone else’s application.

How To Handle Housing Discrimination

If you feel that you have been the victim of housing discrimination, it’s in your best interest to take a proactive stance. The first thing you need to do is record everything that happened to you, particularly the episodes/conversations that made you feel like you were being discriminated against.

Once you have collected your evidence, approach a knowledgeable lawyer, and ask for their help. Not only will they determine whether you have a housing discrimination case, but they’ll also offer advice about how you should proceed.

 

California’s Regulations Regarding Car Seats

California’s Regulations Regarding Car Seats

California’s Regulations Regarding Car Seats

All parents know that infants should be contained in a car seat; however, not all parents know what California’s laws are regarding car seats.

Infants And Car Seats

Any child that is two or under must be confined to a rear-facing car seat while they are in a vehicle. Failing to have your child properly secured in a car seat will result in a $500 fine and a point getting added to your driving record. Don’t assume that just because your child has passed their second birthday that it’s time to change their car seat. The law also states that the child needs to be at least 40 inches tall and or weigh at least 40 pounds before they graduate to a different type of car seat.

Car Seats For Children Between Ages 2 And 8

If your child has already celebrated their second birthday and also meets the height and weight requirements, you’re allowed to replace their rear-facing car seat for a front-facing model. California lawmakers won’t prevent you from making this transition, but they do want you to understand that the rear-facing car seats are considered 500% safer than the front-facing models.

The car seat should always be secured in the back seat unless there is a reason the back seat is considered unsafe or isn’t designed in a way that allows the car seat to be safely installed in space.

Transitioning From Car Seat To Booster Seat

There is no set age when your child can officially move out of their car seat and into a booster seat. California’s child car seat laws state that the transition can happen once your child has reached a height or weight that exceeds the limits of your front-facing car seat. In most cases, the child will be about 65 pounds. There are no requirements about the type of booster seat your child uses, though it does have to be a seat that can be safely installed in the car.

Your child is allowed to move out of the booster seat when they turn 8 or when they reach a height of 4’9”.

Make Sure The Car Seat Is Properly Installed

An improperly installed car seat is nearly as dangerous as driving around without your child in a car seat. Don’t assume that you know what you’re doing. Whenever you get a new car seat or a new car, it’s in your best interest to take the entire setup to your nearest police station. One of the officers will happily examine the car seat and make sure it’s properly installed.

Rather than moving the car seat from one car to another, you should keep a car seat in each vehicle. Not taking the seat in and out of different vehicles not only extends the life of the car seat but also reduces the risk of it not getting installed properly.

You owe it to your child to stay abreast of the latest California laws pertaining to car seats.

 

Did You Hear About This Change To Kids Car Seats?

Did You Hear About This Change To Kids Car Seats?

Did You Hear About This Change To Kids Car Seats?

Any experienced parent will tell you that kids need different kinds of car seats at different ages. As the child grows, they need different styles of car seats until they are finally big enough to sit in the seat without any additional device. For a long time, the American Academy of Pediatrics recommended that children should remain in rear-facing car seats until they are 2 years old. However, that has now changed.

Recently, the American Academy of Pediatrics changed their recommendation and eliminated the age limit. Now they say that a child should remain in a rear-facing car seat until they weigh over 40 pounds. The lead author of the updated rule said:

“It’s best to keep your child rear-facing as long as possible. This is still the safest way for children to ride.”

This change breaks a long held rule, largely due to the fact that manufactures of car seats are now making rear-facing seats that can support children up to 40 pounds. Since this is the best way for children to travel, the Academy changed the long standing rule.

According to the academy, using the right kinds of car seat for a child can reduce the risk of serious injury or death by 70%. That is not a number that should be ignored by parents. Furthermore, the Academy goes on to list when kids should be moved from one style of car seat to the next.

  • Rear-facing seat – Up to 40 pounds.
  • Safety seat with harnesses – Up to 65 pounds.
  • Belt positioning booster seat – Until the child is 4 feet 9 inches tall.

Parents should follow these guidelines, as well as the recommendations in the car seat’s safety manual to ensure the safety and wellbeing of their child while driving.

 

How To Get A Loved One Released From Jail

How To Get A Loved One Released From Jail

How To Get A Loved One Released From Jail

Getting the call that someone you love has been arrested is a heart-wrenching experience. You immediately start to worry about their current situation and what the future holds from them. The last thing anyone wants is for them to have to spend the months it takes for the case to go to trial sitting in a jail cell. Everyone wants to do whatever it takes to get their loved ones out of jail and back home. Thanks to the bail bond program, it’s possible to do just that!

It’s no secret that court systems throughout the United States move slowly. The good news is that the amount of time that typically passes between the initial arrest and bail hearing is usually quite short. It doesn’t take long to hear how much it will cost to bail your loved one out of jail. The other bit of good news is that you don’t need to have the money on hand right after the judge decrees how much bail is. It’s okay if it takes you a few days to figure out how you’re going to handle paying the bail.

The first thing you should know is that paying bail doesn’t mean you’re saying good-bye to that money forever. If your loved one makes all their court appearances, you’ll get the money back. The bad news is that it could be a long time before the court returns the money. Before they sign it over to you, your loved one has to make every single one of their court appearances, including the sentencing if they’re found guilty of the charges. Given how many months will pass before the case reaches its conclusion, you don’t want to use your grocery or rent money to bail your loved one out of jail.

Don’t despair if you don’t have the funds needed to bail your loved one out on your own. You have the option of contacting David Ortiz Bail Bonds in Tulare for help. We have a great deal of experience working with people who are in your position. We are compassionate, understanding and efficient. We provide a FREE consultation with one of our experienced bail bond agents who works closely with you to create a plan to get your loved one released from jail.

David Ortiz Bail Bonds in Tulare have provided you with two different ways to take advantage of your FREE consultation. Feel free to call us at 1-866-485-6356 or 661-326-0608 or click Talk To An Agent Now to chat. We’re available 24/7, so call us anytime!

 

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