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Tag: visalia bail bondsman (Page 1 of 36)

What Happens If You Give A Police Officer False Information

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It doesn’t matter if you’re pulled over for a routine traffic violation or if the police knock on your front door and ask to talk to you, there’s something about face-to-face interactions that causes most of us to panic. This panic can result in us making some bad choices. A perfect example of this is not thinking before providing the officer with false information.

It doesn’t matter if you give the officer the wrong home address or if you pretend to be your younger sibling. If the officer finds out that you have provided them with false information, they will likely arrest you for violating California’s Penal Code 148.9. This is a misdemeanor offense. If you’re convicted, the judge can sentence you to six months in jail and charge a $1,000 fine. Since this charge will be on your permanent record, if the police ever question you again, they’ll likely be very suspicious of any information they get from you.

The good news is that Penal Code 148.6 clearly states that you have to knowingly give the officers the false information. That word “knowingly,” could be the key component to your defense, particularly if you made an honest mistake, such as forgetting your current home address and providing the police with a previous address. The same is true if you have given them the wrong information regarding your work history, or answered a question wrong during an interview.

If you realize that you’ve provided the police with the wrong information, it’s important to correct the situation as quickly as possible. The faster you alert the police to the mistake, the more the incident looks like a casual mistake as opposed to a deliberate attempt to mislead the police.

Another interesting thing about California’s Penal Code 148.9 is that you can only be charged with providing the police officer with false information if you provide the false information after you’ve been legally detained or arrested.

Don’t assume that just because you gave the police officer some false information before them formally detaining or arresting you that you have nothing to worry about. Giving false information before the arrest/detaining creates an opportunity for the police to charge you with interfering with an investigation and obstructing justice.

A guilty conviction for those charges results in getting fined up to $1,000, as well as spending up to 12 months in a county jail.

When it comes to the police, it’s in your best interest to be honest.

 

What Is Exoneration In California?

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Did you know that California leads the nation in exonerations? According to the National Registry of Exonerations, 120 people have been exonerated in California. Additional research reveals that in the past 30 years, California courts have dealt with over 200 wrongful conviction cases. It’s estimated that the amount of time the wrongfully convicted served for crimes they didn’t do adds up to 1,300 years. It’s also believed that the total cost of these wrongful convictions cost about $129 million.

That’s both incredible and alarming.

What Is An Exoneration?

  1. According to the legal dictionary, an exoneration is, “The taking off a burden or duty.
  2. It is a rule in the distribution of an intestate’s estate that the debts which he himself contracted, and for which be mortgaged his land as security, shall be paid out of the personal estate in the exoneration of the real.
  3. But when the real estate is charged with the payment of a mortgage at the time the intestate buys it, and the purchase is made subject to it, the personal is not, in that case, to be applied, in exoneration of the real estate. 2 Pow. Mortg. 780; 5 Hayw. 57; 3 Johns. Ch. R. 229.
  4. But the rule for exonerating the real estate out of the personal, does not apply against specific or pecuniary legatees, nor the widow’s right to paraphernalia, and with a reason not against the interest of creditors. 2 Ves. jr. 64; 1 P. Wms. 693; Id. 729; 2 Id. 120,335; 3 Id. 367. Vide Pow. Mortg. Index, h.t.”

How Exoneration Works

If you’ve been exonerated, it means that in the eyes of the law, you had nothing to do with a specific crime. You’re completely free of blame and guilt.

Not only are you free of guilt, but you also can’t be tried for the same case a second time. In California, most exonerations occur because of DNA evidence.

In theory, now that the science surrounding DNA has gotten so much better, we should see a reduction of exonerations, primarily because the evidence should prove that there is no point in taking a suspect to court at all. As soon as the DNA evidence is processed, and everyone knows it doesn’t belong to the suspect, they should be freed.

What About Life Following Exoneration?

Life isn’t always easy for someone who has been exonerated after spending a significant time in jail for a crime they didn’t commit. Not only do they have to deal with the psychological toll the experience took on them, but they also have to adjust to living in a world that has changed a great deal. Most don’t have many financial assets and are forced to rely on charitable organizations that provide the exonerated citizen with the tools they need to eventually rebuild their life.

 

How To Respond To An Employee Arrest

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how-to-respond-to-an-employee-arrest1

You’re normally reliable employee failed to show up for their regular shift. Concerned, you make a few calls and learn that they were arrested. Now you have to figure out what you should do.

Remain Calm

It’s easy to get angry about the fact that you’re not only now down an employee for the day, but that you don’t know what the future holds for them. Instead of doing something you will regret, take a few calming breaths. Panicking won’t accomplish anything.

Don’t make a hasty judgment about the employee and terminate their employment. At this point, the only thing you know is that they’re in jail. You don’t know why. It’s entirely possible that they were simply in the wrong place at the wrong time and didn’t do anything wrong. If that’s the case, the charges will likely be dropped and you won’t have to lose a good employee over a simple misunderstanding.

Don’t Gossip

Don’t tell your other employees that their co-worker has been arrested. Simply let them know that the person isn’t coming in that day. It’s better for everyone if you wait until your employee is out of jail and back to work and can decide for themselves if they want everyone to know what happened. By resisting the urge to gossip, you avoid setting yourself up for a potential slander lawsuit.

The best thing about ignoring the desire to gossip is that your employee will appreciate your discretion and become intensely loyal to both you and your business.

Have A Meeting With Your Employee

While your employee doesn’t have to speak to their co-workers about what happened, and while you shouldn’t discuss the situation with the rest of your employees, you should have a sit down meeting with your employee and discuss their arrest. Hearing their side of the story allows you to decide how you want to proceed.

If you decide to keep your employee on, you need to remember that they’ll likely need some time off so that they can honor court appointments and meet with their lawyer. You will have to decide how they can make up for all the time they need to take off.

The most important thing to remember when one of your employees is arrested is that you don’t want to act out of a knee jerk reaction. Whether you decide to keep them on your payroll or decide to let them go, give yourself plenty of time to consider all of your options and the potential consequences of each one.

 

What Happens If I Make A Fake Or Prank 911 Call

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Making a fake or prank phone call to 911 might seem like good fun but it’s not something you want to follow through with. Neither law enforcement offices nor court officials have a sense of humor.

To put it simply, making fake or prank 911 calls is illegal. In some situations, that single phone call could even result in felony charges.

The best way to learn just how much trouble making a fake or prank 911 call can land you in is by setting aside a few minutes to read California’s Penal Code 148.3. When you do, you’ll learn that you can’t:

  • Call 911 and make a fake report of a crime, injury, or accident.
  • Make a 911 call that results in the dispatcher or a law enforcement making a 911 report.
  • Use 911 to report a fictional emergency.
  • Call 911 and make a report that you know is false.

Law enforcement can choose to file charges against you if your fake/prank 911 call results:

  • In the deployment of emergency vehicles.
  • A building/area is evacuated in response to your call.
  • The call prompts the 911 dispatcher to activate the state or local Emergency Alert System.

The law very clearly states that anyone who makes a fake/prank 911 call can be charged with a misdemeanor or a felony. What is less clear is how the decision to pursue a misdemeanor or felony case is made. The general rule of thumb is that if someone is hurt, the prosecutor will push for felony charges.

Making a single prank/fake 911 call in California can have a seriously negative impact on your budget. If you’re found guilty, you could be:

  • Spend a full year in a county jail.
  • Be fined up to $1,000.

The cost doesn’t stop with the court fines. Depending on how much effort local agencies made to respond to your fake 911 call, the emergency response team that was involved will likely send you a bill that includes all the expenses they incurred as a result of your call.

Fake/prank 911 calls officially became illegal in California in 2013. Local lawmakers choose to crack down on these types of calls because they were tired of the calls tying up local resources and making it impossible to respond to valid emergencies.

In Los Angeles, fake/prank 911 are sometimes referred to as swatters because of the number of times a fake 911 call resulted in a swat team getting deployed to a celebrity’s house.

Considering how much a fake/prank 911 call in California could cost you, it’s in your best interest to avoid using the number for anything that isn’t a genuine emergency.

 

Understanding Slander In California

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Most Americans know that the First Amendment grants the right to free speech. The problem that many of us encounter is we don’t fully grasp the differences between free speech and slander.

What Is Free Speech?

Many of us interpret the First Amendment to mean that we’re free to say whatever we want, to whomever we want, and whenever we want. That’s not the way free speech works. The purpose of free speech is to provide Americans with the ability to openly speak against the government without fear of legal ramifications.

What freedom of speech doesn’t do is allow you to say whatever you want about neighbors, family, and businesses you don’t like.

What Is Slander?

The legal definition of slander is, oral defamation, in which someone tells one or more persons an untruth about another which untruth will harm the reputation of the person defamed. Slander is a civil wrong (tort) and can be the basis for a lawsuit. Damages (payoff for worth) for slander may be limited to actual (special) damages unless there is malicious intent, since such damages are usually difficult to specify and harder to prove. Some statements such as an untrue accusation of having committed a crime, having a loathsome disease, or being unable to perform one’s occupation are treated as slander per se since the harm and malice are obvious, and therefore usually result in general and even punitive damage recovery by the person harmed. Words spoken over the air on television or radio are treated as libel (written defamation) and not slander on the theory that broadcasting reaches a large audience as much if not more than printed publications.”

In California, slander legally takes place when:

  • You say something that you know is untrue.
  • When you make a statement that you know isn’t privileged.
  • When you make a statement that is said with the intent to do harm or cause an injury.

The Legal Consequences Of Slander

In California, slander is a civil, not a legal matter. It’s also a case that’s tricky to defend. In this case, the individual who filed the charges has to prove their case. In order to convince a judge to rule against you, they have to prove without a shadow of a doubt that you knew that whatever you said was untrue and that you made the statement knowing that it would harm the individual’s emotions, reputation, or business.

In addition to proving that you did in fact deliberately make slanderous comments, the person who files the charges against you also has to prove to the court that they sustained damages that you should reimburse them for. In addition to actual damages, the filer will also likely seek money to cover their emotional trauma.

The best way to avoid getting into a slander dispute with someone is to make sure you never say anything that you aren’t able to prove. If you’re unsure about the validity of a statement, it’s in your best interest to keep it to yourself. 

 

When Does A Prank Go Too Far?

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Most of us have been involved in pranks, both as the person pulling the prank on another and as someone who has been pranked. In most cases, the pranks are fun and no one is emotionally or physically hurt, but there is always an exception.

The best indicator that a prank has gone too far is when the police has gotten involved. In the eyes of the law, it doesn’t matter if you were pulling a prank or if you deliberately set about to hurt someone. If a law was broken, you could end up in jail.

Most pranks attract legal attention because someone has gotten seriously hurt or property was damaged during the prank.

Here is a small sample of the type of pranks that could potentially get you into hot legal water.

Making Prank Calls

Prank calls seem harmless. You make a simple phone call, you confuse the person on the other end of the line, you have a good laugh. You can’t possibly get into trouble, right?

Wrong. Making a prank phone call to a friend or family member usually isn’t a big deal, but if you start calling strangers, you could quickly learn that not everyone thinks your funny. Depending on what you say or how many times you call, the person on the other end of the line might decide to contact the police and report that you’re harassing them. If the person pranking is tired of your antics, you could be charged with everything from disorderly conduct to harassment.

Wet Willies

Given that we’re currently in the middle of a pandemic, you should realize that most people don’t have much of a sense of humor when it comes to bodily fluid, or even being touched, so you should already know that giving someone a wet willie, which involves sticking your saliva covered finger in their ear is a bad idea. What you probably didn’t realize is that it will remain a bad idea even after the pandemic ends. If the person whose ear you insert your finger into objects to the act, they can contact the police and file assault charges against you.

Trespassing

Sneaking across a buddy’s yard and playing a prank on them might seem like big fun, but make sure anyone else who lives in the house won’t mind your prank. If they don’t know it’s coming or they fail to be amused, they can file trespassing charges against you.

This is just a small sample of pranks that could go too far and result in you facing criminal and civil charges. If you’re planning on pulling a prank, it’s in your best interest to consider all the potential consequences of your actions and determine if the risk is still worthwhile.

 

People Do What Before Getting Into Public Pools?

People Do What Before Getting Into Public Pools?

People Do What Before Getting Into Public Pools?

With the weather quickly heating up, many people are starting to pull their swimsuits out from their winter hiding spots. With California’s thousands of miles of coastline, there are plenty of places to go to the beach. However, the beach isn’t for everyone. Some people prefer to cool off without having to worry about sand getting everywhere. That is why some people prefer going to a pool.

In addition to the lack of sand at pools, they are often cleaner as well. The water is maintained by humans, instead of being left alone. However, despite the chemicals, mostly chlorine, put into pool water to keep it clean, one recent survey found that pools aren’t always as clean as one would hope.

Public Pools May Not Be As Clean As You Think

The clear blue water of pools often looks a heck of a lot cleaner than the ocean, lake, or river water. Those waters typically have all kinds of debris floating beneath the surface, making them hazy. Pools lack this haze due to the chemicals put into them to kill bacteria, and the filtration systems in them to pick out the bigger particles like bugs and leaves.

However, despite all of that, pools can still contain bits of harmful bacteria, bacteria that is typically brought in by swimmers. A recent survey conducted by Water Quality and Health Council found that 51% of Americans used pools as a way to rinse off after performing sweat inducing activities.

The survey, which polled 3,100 American adults and had a margin of error of plus or minus 2.7%, also found the following information:

  • 24% of people would go within a pool within an hour of having diarrhea.
  • 40% of adults peed in pools.
  • 48% admitted to not showering before entering a pool.
  • 53% didn’t know makeup affected the chemistry of the pool.
  • 55% didn’t know deodorant affected the chemistry of the pool.
  • 64% acknowledge the fact that pools don’t eliminate the need to shower, but use pools as a reason not to shower anyways.

While chlorine does help keep pools cleaner, it isn’t an infinite source of cleanliness. Think of the chlorine in a pool like a bar of soap. Every time it is used to clean something, it becomes smaller and less effective until it is all used up. However, chlorine is not a replacement for soap.

Chlorine keeps pools clean by causing chemical reactions in the water that kill microorganisms and bacteria. By adding other chemicals to the mix, bodily fluids, makeup, and deodorant, a person reduces the strength of the chlorine in the water, thereby reducing its effectiveness.

Help Keep Public Pools Clean

Some of the findings in this survey are more than a bit disgusting. Hopefully, they will serve as a reminder to everyone that there are times when they should not go swimming, and more than that, they should shower before getting into a pool. Doing so can help keep the water cleaner, longer.

Pools are a great way to beat the summer heat, and most are likely maintained on a regular basis. So long as a pool owners keep up with the maintenance of the pool, its filter system, and the chemical makeup, there is no reason to not go swimming in it. All public pools in California are required by law to be kept at safe and sanitary levels at all times. If a person suspects that this isn’t being done at a local public pool, they can report the problem to their local health officials.

As things begin to heat up this summer, be sure to help keep pools clean by not using them as bath time and showering before getting into the water. This will help keep the pool water clean for everyone.

 

Putting Chalk On Tires Deemed Unconstitutional

Putting Chalk On Tires Deemed Unconstitutional

Putting Chalk On Tires Deemed Unconstitutional

One of the great things about our government is how laws can change. As our country grows and beliefs and ideas changes, our laws can adapt with the times. This has been done countless times over the course of America’s history and it continues to happen to this very day. In fact, an interesting change has recently taken place in regards to parking violations.

Most cities have pretty strict guidelines on when, where, and how residents can park their cars. These rules can change from city to city, and even street to street. However, the results are always pretty much the same: a small fine and/or the possibility of being towed.

Different cities and law enforcement agencies have different methods for how they monitor parking on city streets. However, thanks to a new court ruling, one method will have to be dropped, in some states anyways, since a court decided it threatens a person’s constitutional rights.

Why Do The Rules Exist?

When it comes to why these strict rules exist for parking, it boils down either to safety or fairness. For instance, parking in front of a fire hydrant can pose a danger in the event that a fire breaks out nearby and fire fighters need access to the hydrant. Similarly, double parking, the act of parking a car parallel to a car that is parked along a curb, can be dangerous since it often places a car in the way of traffic.

Since parking spots are such a rare commodity in cities, many areas often pose time limits for how long vehicles can be parked there. The idea here is to keep cars moving out of the way in order to allow new drivers to park their own vehicles.

Most of the time, cities enforce their parking laws via parking meters. These devices keep drivers on a time limit, and charge them accordingly if they exceed that limit. As helpful as these devices can be for cities, not every city out there has parking meters installed. After all, they can be very expensive to install. This leads to cities using older methods to monitor parking, such as using parking enforcement officers.

Chalking Tires Is Deemed Unconstitutional

One method used to monitor parking is to mark tires of vehicles with chalk. Parking enforcement officers use the chalk to signal how long cars have been parked. This helps them determine when a vehicle has been stationary for too long. However, the Sixth Circuit Court of Appeals has determined that this method of parking enforcement is unconstitutional.

The court determined that the method invaded a person’s constitutional rights since the marking of the chalk was similar to a warrantless search of a citizen’s possessions. The search is unwarranted since there is no clear proof that the driver of the vehicle will break the law, there is only and assumption that the driver might break the law. This decision was reached largely due to the fact that this sort of enforcement seemed to be more focused on raising revenue for the city rather than enforcing safety.

This decision means that in the states of Michigan, Ohio, Kentucky, and Tennessee, parking enforcement officers will no longer legally be allowed to chalk vehicles tires as a way to determine if a car has overstayed its welcome in that particular spot.

How Will This Ruling Affect California?

While this recent court ruling does not directly affect the state of California, one can safely assume that other states will be taking notice of this event. The state of California is well known for being forward thinking, and this could very well become a law in the state in future. If that were the case, law enforcement agencies would have to rely on parking meters to determine if a car has been parked in a spot for too long.

What do think of this court ruling, is chalking a vehicles tire to monitor how long it has been parked unconstitutional?

Should California and other states adopt a similar ruling? Let us know what you think in the comments down below.

 

Are Nanny Cams Legal In California?

Are Nanny Cams Legal In California?

Are Nanny Cams Legal In California?

There is no denying that most parents only want what is best for their children. They want their children to be happy and successful. Unfortunately, in today’s fast moving and expensive world, it can be hard for parents to always be there for their child. Typically, people try to get trusted friends or family members to look after their children, but that isn’t an option for everyone. This leads to many parents hiring caregivers to watch over their children while they are away.

As much as parents should be able to trust the person that is watching over their child when they are gone, there is reason to be wary. There have been far too many cases where children were abused by the very people hired to take care of them.

As horrible as this is, advancements in technology have granted parents the ability to keep an eye on their nannies, even when they are at work. Nanny cams are simple pieces of tech that allow parents to monitor how a caregiver acts when no one else is around. However, given how California is about recording people, are these cameras even legal within the state?

California And Recordings

When it comes to recording conversations, California is known as a two-party consent state. This means that in order for a person to legally record a private conversation between themselves and another person, both people have to agree to the recording. Any audio recordings that are acquired without consent from both parties means that they cannot be used as evidence in cases.

However, when it comes to recording people on video, people can record others without consent so long as the video subject is not in an area where they could reasonably expect privacy. In other words, if someone is in a public place, like a city sidewalk, they could not reasonably expect privacy and therefore can be recorded.

Some examples of where people could privacy include:

  • Public restrooms
  • Changing rooms
  • Locker rooms
  • Their home
  • Their backyard
  • Private property that they have permission to be on

If a person is in any of the areas or areas similar to this, then they have a right to privacy and cannot be recorded.

California And Nanny Cams

When this law gets applied to nanny cams, some people might assume that this means these kinds of cameras cannot be used in the state of California. However, that is not the case. Parents can use nanny cams here in California, they just have to be mindful of where they place the cameras.

Basically, the rule of privacy still applies for the caregiver, meaning that cameras cannot be placed in any area where a person might expect privacy. This includes bathrooms and the caregiver’s room, if they are a live-in nanny. However, since the nanny is working in someone else’s home, they cannot reasonably expect privacy in that place. This also works inversely in that since the nanny is not the owner of the home, they cannot install cameras within it.

However, if the camera also records audio as well as visual, then they parents may need to alert the nanny of this fact. This is due to the fact that with audio recordings, the devices could pick up what is supposed to be a private conversation. This is best done in writing so that there is proof of this warning. If a parent fails to do this, then any audio from the recording could not be used in a court of law.

Nanny Cams Are Meant To Keep Kids Safe

Parents just want to ensure that their children are safe and sound, even when the parent isn’t there in person. Nanny cams allow them to do this. Some nanny cams are even advanced enough to let a parent view the camera from their place of work. If a parent does have a camera like this, they should be sure that it is password protected so that some unknown person can’t hack into it.

What do you think of nanny cams and California’s laws about recording people?

Should parents have to warn nannies about being recorded, or should they be allowed to do it in secret? Maybe parents shouldn’t be able to record nannies at all. Let us know what you think in the comments down below.

 

Don’t Waste Time In Jail, Bail Out Today!

Don’t Waste Time In Jail, Bail Out Today!

Don’t Waste Time In Jail, Bail Out Today!

Time is precious, and no one likes to have their time wasted. They have important things they want to do, and anything that distracts or takes away from that can be frustrating. This is one of the biggest reasons why people hate getting arrested. They do not want to be stuck in a jail cell when they could be out living life.

If you know someone who was recently arrested, you can bet that he or she is struggling with being locked behind bars. You can lend a hand by posting their bail. While this may sound like a daunting task, it is actually incredibly easy with David Ortiz Bail Bonds in Visalia. We make bailing someone out of jail both easy and affordable for all of our clients.

Our bail agents know everything there is to know about bail. They will do everything in their power to help you out. This means answering your questions, walking you through the bail bond process, and providing personalized payment plans. You will get nothing from the best when you come to David Ortiz Bail Bonds in Visalia.

Since an arrest can occur at any time, a bail agent needs to be ready to go at a moment’s notice. That is why our bail agents are available 24 hours a day, 7 days a week. The moment you decide to bail someone out of jail, one of our agents will be there to work with you. You can contact them at any time of the day no matter where you are in the state of California.

Our agents can provide all of the following for you:

  • 24/7 Bail Bond Service
  • FREE Consultation
  • 20% Discount
  • Phone approvals
  • 0% Interest Payment Plans
  • No Hidden Fees
  • No Collateral with Working Co-Signer
  • Se habla Español

No one likes having their times wasted, especially when that means sitting in a jail cell. Luckily, bailing someone out of jail can be a piece of cake with help from David Ortiz Bail Bonds in Visalia. Our bail agents are always ready and waiting to help. All you need to do is get in touch with them, and they will get started with rescuing your loved one from jail.

What are you waiting for? You can talk to one of our agents for FREE simply by calling David Ortiz Bail Bonds in Visalia at 1-866-485-6356 or 661-326-0608 or clicking Chat With Us now.

 

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