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Tag: family bail bonds visalia (Page 1 of 22)

Criminal Charges Vs. Civil Charges

criminal-charges-vs-civil-charges2

criminal-charges-vs-civil-charges2

One of the things that makes the American legal system confusing is that we have both criminal charges and civil charges.

Criminal charges are a straightforward part of the legal process. If you break the law, you’re arrested and criminal charges are filed against you. You have the option of pleading guilty to these charges. If you don’t plead guilty, the case goes to trial and a jury will decide if you’re guilty.

Civil charges are more complicated. Civil charges involve the victims of the crime. The civil court provides victims with an opportunity to do two things. First, they can face the person who they believe impacted the quality of their life. The second thing civil charges do is provide the victims with an opportunity to seek financial retribution.

If you’re unlucky enough to be hit with both criminal and civil charges, you’ll quickly notice that the two cases are handled quite differently.

The punishment in criminal cases usually involves fines, jail time, community service, or probation.

  • The punishment in civil cases is always financial.
  • There is a different standard of proof in civil and criminal cases.
  • Defendants in criminal cases have different guaranteed protections.
  • Juries are only used in very specific civil cases, most of the time it’s the judge who makes the final civil case ruling.

One of the things the O.J. Simpson case proved was that even if you’re not found guilty of the crime in a criminal case, you can be found guilty during a civil case. The reason Simpson was found guilty during the civil case even though he’d been found not-guilty during the criminal case is that a different standard of proof is required in the cases.

One of the first things criminal juries are told is that they can only find the defendant guilty if the prosecutor has proven that the defendant committed the crimes “beyond a reasonable doubt.” That means that if there is any question in the jury’s mind that someone else committed the crime, they must find the defendant not guilty. In the O.J Simpson criminal trial, the jury voted not-guilty because there was evidence that suggested someone else could have committed the murders. In his civil case, there was enough evidence to suggest he had.

The “beyond a reasonable doubt” concept disappears in civil cases. In those cases, if the judge (and in rare situations, a jury) looks for a “preponderance of the evidence.” This means that if all the evidence suggests that the defendant committed the crime, they’ll be found guilty of the civil charges.

One of the interesting things about civil cases is that the people who filed the charges against the defendant not only seek financial restitution for actual costs, such as medical bills following a DUI accident but can also seek punitive costs which include pain and suffering.

Considering the extremely high cost of both criminal and civil cases, it’s in your best interest to think twice before you commit a criminal act that could result in you facing both criminal and civil charges.

 

Disorderly Conduct In California

disorderly-conduct-in-california2

disorderly-conduct-in-california2

One of the problems with California’s legal system is that sometimes it’s difficult to know that you’re breaking the law. In many disorderly conduct cases, people think they’re just having a good time or being opinionated until the police show up. Sometimes people don’t even know what they’ve done until they hear the charges as the booking officer works through the paperwork.

What is considered disorderly conduct can vary from one state to another. Some cities even have different rules regarding what is and isn’t disorderly conduct.

In California, disorderly conduct is generally considered behavior that irritates, stresses, or alarms those around you. That doesn’t mean your little sister can file disorderly conduct charges against you each time you annoy her while you’re at home. However, if the pair of you are at a bar and you start shouting at her, the other bar patrons will likely call the police and you could be arrested and charged with disorderly conduct.

Most disorderly conduct cases in California involve at least one person who is publicly intoxicated.

In addition to getting too wild while at the bar, California considers the following activities to be forms of disorderly conduct:

  • Lewd/lascivious acts
  • Soliciting
  • Engaging in prostitution
  • Loud public arguments
  • Invasion of privacy
  • Peeping

Sometimes loitering can be an instance of disorderly conduct.

The Consequences Of Disorderly Conduct In California

Disorderly conduct in California is a misdemeanor. If you’re convicted and it’s a first offense, you could be sentenced to six months in jail and/or be charged a $1,000 fine. If you already have disorderly conduct charges on your record, the punishment could be more severe.

In some cases, disorderly conduct can be connected with additional charges, such as:

  • Simple assault
  • Trespassing
  • Public Intoxication

Disorderly Conduct Defenses In California

Putting together a good defense case in California when you’re dealing with a disorderly conduct charge isn’t always easy. Some defenses that have been successfully used in the past include:

  • Invoking Freedom of Speech
  • That you were acting in self-defense
  • That you were falsely accused
  • That it was a domestic dispute (this is a tricky defense if you were in a public building at the time)

If you know that you tend to get loud and do rash things when you’re having a good time and drinking, it’s in your best interest to either stay home or make sure you go out with someone who can stop your behavior and help you regain control before anyone calls the police.

 

Understanding Assault With A Deadly Weapon

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understanding-assault-with-a-deadly-weapon2

Assault with a deadly weapon is basically what it sounds like. It means you are accused of assaulting someone and at the time you had something that could have been considered a deadly weapon. Like most legal issues, assault with a deadly weapon isn’t as simple as we would like it to be.

What Is A Deadly Weapon?

The first issue that comes up during assault with deadly weapon trials is if the object was deadly. Most of us hear deadly weapons and we instantly think of things like guns and knives. We don’t usually realize that many of the things that are simply laying around your house could be considered a deadly weapon in the right situation. In the heat of the moment, a shoe, pen, heavy beer bottle, or dog leash could become a deadly weapon. There have even been situations when a person bit or clawed an opponent and was charged with assault with a deadly weapon due to the sheer amount of damage their teeth and nails did to the victim.

Why It’s Important To Understand What A Deadly Weapon Is

Assault with a deadly weapon isn’t a simple thing in California, in large part because it’s one of the state’s wobbler laws. Depending on the circumstances, you could be charged with a misdemeanor or a felony.

If you’re convicted of felony assault with a deadly weapon you could spend the next four years in a state prison and be hit with up to $10,000 in fines. You’ll also probably have to go through a felony probation period.

If a gun is involved, the situation becomes even more complicated. If you have a simple handgun during the assault, the DA has the option of charging you with a misdemeanor. However, if the gun was a machine gun, an assault weapon, a semi-automatic, or a .50 BMG rifle, you’re automatically hit with felony charges. If you’re found guilty of felony assault with a deadly weapon that included one of the listed firearms, you could be sentenced to twelve years in prison.

Potential Defenses In Assault With A Deadly Weapon

Just because you’ve been charged with assault with a deadly weapon, that doesn’t mean you’ll be convicted. There are several, legal defenses you can use, including:

  • Someone was mistaken and you weren’t in possession of a deadly weapon at the time of the assault.
  • You didn’t intend to use the weapon.
  • You acted in self-defense.

Because assault with a deadly weapon in California is complicated, it’s in your best interest to hire an experienced defense attorney as soon as you hear the charges.

 

The Dangers Of Dares

David Ortiz Bail Bonds in Visalia

David Ortiz Bail Bonds in Visalia

We all know what dares are and how they can are often used to challenge our friends and family members. Often times, adults use dares in a joking manner. We do this by daring a friend to talk to a romantic interest or say something to their boss at work. However, even though we have dared that person, we do not actually expect him or her to go through with the dare because we, as adults, understand the consequences.

Dangers Of Dares

Unfortunately, kids pick up on what the adults around them do, and that often includes dares. However, while they understand the concept of a dare, they do not always understand the joking nature behind it. They can take dares seriously, and do not fully comprehend the consequences for following through with the dare. All they want to do is uphold their reputation.

This can cause kids to get into bad or even dangerous situations.

As a parent, it is important to talk to your kids and teach them about dares and how dangerous they can be. Make sure your children understand that dares should not be taken seriously, especially if it involves doing something dangerous. Let them know it is okay to ignore a dare.

It is also important to let your child know that he or she can always come and talk to you about these sorts of things. Show them that you are always willing to listen to them. You can even use talks about dares as teaching moments. Verbally walk through the dare with them and show them the factors and consequences that they might have overlooked. This can help them get better at risk assessment, and teach them how to handle this sort of thing on their own.

As a parent, you just want to keep your child safe, and one of the ways you can do that is by teaching him or her about the dangers that dares can possess. By doing so, you can keep your child from inadvertently harming him or herself.

Do You Protect Your Credit Card?

David Ortiz Bail Bonds in Visalia

David Ortiz Bail Bonds in Visalia

Credit cards are a great way to purchase things, since they let you make a purchase without actually having the cash in hand. However, they are very vulnerable and can be subject to be stolen.

Crooks can get ahold of credit card information in a number of different ways. Once they have someone’s credit card info, they can open accounts and make purchases that the victim will have to pay for. This is why there are people out there who steal credit card information. They get to buy whatever they want with stolen information and they do not have to pay for any of it.

Here are a few tips for keeping your credit card info safe from the hands of criminals.

  • Do not give your account number to anyone over the phone unless you have made a call to a company that you know is reputable.
  • Never sign a blank receipt.
  • Report any questionable charges on your credit card to the company that issued you the card.
  • Consistently check your bills and statements.
  • Notify the company that issued you the card if your address has changed or if you will be traveling.
  • Do not write your account number down where other people can see it, like on the outside of an envelope.
  • Save your receipts so you can compare them to your monthly statements.
  • Shred old cards and any papers that have your account info on them before throwing them away.

Above all else, notify your card issuer the moment you lose your card or if you think your info has been stolen. Most companies have a 24 hour toll-free number that their clients can call to report lost or stolen credit cards. Once you report the card, you are no longer held accountable for any purchases on the card, the card itself will be deactivated and you will be sent a new one.

Even if you just lost the card, reporting it is your best option.

New Jersey’s Failed Bail Replacement

David Ortiz Bail Bonds in Visalia

David Ortiz Bail Bonds in Visalia

At the start of this year, the state of New Jersey eliminated its bail system in favor of a system where judges determine whether or not it is safe to release the defendant. The idea of this new system was to be fairer to people who would not be able to generate the funds needed to pay for bail. This is the very same system that lawmakers want to implement in California.

It is easy to see how this system sounds like a good idea. You remove the need for people to pay to get out of jail, thus allowing even the poorest person to get out of jail. Unfortunately for many people, this new system is a problem. This system does little to protect victims or deter criminals.

Many officers refer to this new setup as a revolving door system. Criminals get arrested and are back out the street by the end of the day. The punishment for committing a crime has been removed, thus allowing the criminals to continue with their ways. This puts thousands of innocent people at risk.

Of course, these criminals will still face charges, they have only been released for the period of their trial. However, since they have been released, there is nothing to stop them from committing more crimes during this period. This differs from when someone is out on bail, since the person out on bail has something to lose. This person paid to get out of jail and will have wasted the money if he or she gets arrested again.

If the defendant did nothing to get out, like they do in this new system, then there is nothing preventing him or her from committing another crime. Let New Jersey be an example for California, this planned new system will not benefit anyone other than the criminals.

Bail offers a person incentive to be on his or her best behavior and another set of eyes to watch that person during the trial process.

What Car Modifications Are And Are Not Legal

Car Modifications Visalia

Car Modifications Visalia

Car enthusiasts value their vehicles more than many other things in their lives; it is a prized possession. These people will not hesitate to keep spending money on their car(s) to upgrade, modify, and personalize it to their liking. These modifications can include tinted windows, car wraps, and new exhaust pipes. However, they can only legally do so much, according to the California DMV laws. Here are a handful of those laws.

Sound

There are laws that dictate how loud a vehicle may be. Exhaust systems cannot increase or amplify the amount of sound beyond what is produced by factory equipment. Vehicles that weigh less than 6,000 pounds cannot be louder than 95 decibels; motorcycles are excluded from this. The radio or other sound systems cannot be heard from beyond 50 feet from the vehicle.

Windows

Rear and back side windows can be tinted to any darkness. However, front side windows can only be tinted to a certain darkness. Non-reflective tint is only allowed on the top 4 inches of the front windshield; it is illegal to have non-reflective tint anywhere else.

Engine

All vehicles must pass a smog check, even when it is equipped with a new engine. In addition, all engines must be certified for use and be certified as the same or newer model year of the vehicle. This ensures that it will function properly and meet the proper emissions standards.

Frame and Suspension

No vehicle can be taller than 14 feet in height. There are additional frame regulations according to certain vehicle weights.

Just because it can be illegal to modify a car a certain way does not mean that it is impossible to do it anyway. You may have seen or heard cars that have been illegally modified.

Common illegal car modifications include cars that:

  • Are too loud
  • Whose front windows are tinted too dark
  • Are equipped with radar detectors attached to the windshield of the car
  • Are equipped with reflective covering over their license plate
  • Have a license plate frame that covers any part of the number, letters, or state name
  • Have neon lights under it

Not every state has the exact same car modification laws, so if you ever plan on moving or taking your car out of state, make sure it is legal to drive it there.

Are You Dealing With Stress?

David Ortiz Bail Bonds in Visalia

David Ortiz Bail Bonds in Visalia

Being stressed is never much fun, yet so many things can cause people stress on a daily basis. While it may be tiring and exhausting, a little stress can be a good thing. Stress helps you know that something needs to get done and that something needs to change. Of course, too much stress is a very bad thing. This means it is extremely important for everyone to learn how to handle the stress that they face on a daily basis.


Here are a few tips and tricks on how to better handle your stress:

  • EAT WELL – Eating well balanced meals will keep you healthy and full of energy, which can keep stress at bay.
  • AVOID ALCOHOL & CAFFEINE – Drinks with alcohol or caffeine can make you jittery or anxious and cause more stress.
  • SLEEP – Getting 8 hours of sleep every night will give your body and mind the rest that they need, thus allowing you to recover from your daily dose of stress.
  • EXERCISE – Exercising is not only good for your body, it is good for your mind as well, so be sure to exercise daily.
  • DEEP BREATHS – Taking deep breaths can help calm your body down and thereby reduce stress.
  • POSITIVE THINKING – Our brains find what they are looking for, so keeping a positive outlook on life will help you find things to be positive about.
  • TALK – Talking to a trusted friend or family member is a great way to reduce stress by getting everything that is bothering you out in the open.
  • DO YOUR BEST – Remember that nobody is perfect and that no one can do anything perfectly. Just be happy with how well you did something.

Practicing one of these is good, but practicing all of them is better. Doing all of these things can help greatly reduce stress and make your day to day life more enjoyable. Remember, stress can be difficult, but it is not impossible to manage. All you have to do is stay positive, you will get through this, just think of everything else you have gotten through in your life!

Flying With Your Pet

David Ortiz Bail Bonds in Visalia

David Ortiz Bail Bonds in Visalia

Yet again, a certain airline has made its way into headlines. This time a rabbit died while waiting in one of the airline’s pet holding facilities. This latest incident has raised the question of what options do pet owners have when they need to transport their pet long distances.

There are typically 3 options for pet owners when they are flying with their pet.

  • Pets can be checked as carry on within an airline compliant container that will be stored under the passenger’s seat in the cabin.
  • Pets can be checked as baggage in the cargo hold.
  • Service animals, which are not considered pets, can be in the cabin of the airplane without being in a carrier.

Most animals will have to fall within the first 2 options, since the last one is reserved for service animals only. The availability of the first 2 options is dependent on the airline with which you are flying. This is due to the fact that the FAA allows each airline to designate their own rules regarding the transport of pets. However, each airline has to follow certain guidelines for pets in carry on containers.

  • The container must be small enough to fit under the seat without blocking any person’s path to the aisle.
  • The container must be properly stored before the last door to the airplane is closed.
  • The container must remain properly stored for the duration of the flight.
  • You must follow flight attendant instructions regarding the storage of the pet container.

For more information about traveling with pets on a plane, you should talk to someone within the airline you are choosing to fly with. This way, you will be able to know for sure what you need to do in order to take your pet with you when you travel.

Fire Safety Is Important For Californians

David Ortiz Bail Bonds in Visalia

David Ortiz Bail Bonds in Visalia

It is warming up here in California, meaning that fire season is growing closer. Nobody wants to experience a wildfire burning near their home, which means that everyone should do their part in preventing wildfires.

California’s Mediterranean climate makes it easy for wildfires to get started. All it takes is one spark on a windy day and several acres can be burned in an instant. To prevent this from happening, it is important that everyone be safe and responsible whenever there is a fire of any sort involved.

To best be prepared for fires inside the house, homeowners should:

  • Check the batteries in the smoke detectors
  • Practice fire drills with the family
  • Have a working fire extinguisher available

Meanwhile, homeowners outside the house should:

  • Keep a safe space free of plants around your house
  • Use outdoor machinery before 10 a.m. when the humidity is high
  • Follow proper guidelines for burning branches and leaf debris
  • Have an evacuation plan ready to go in case of wildfires

Doing all of this can help protect your home and family from fires.

In the case of wildfires, it is important to follow what the firefighters and local law enforcement tell you. If they say evacuate, do it. You do not want to wait until it is too late to do anything. There are far too many stories of people who died in a wildfire because they were told to evacuate but ignored the order. Remember, firefighters and law enforcement officers know what they are talking about and you should take their advice when it comes to wildfires.

Doing all of this will help keep you and your family safe in the event of a fire, which is all anybody wants.

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