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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.

 

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.

 

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.

 

Figuring Out How Stimulus Checks Impact Your 2020 Tax Returns

Figuring Out How Stimulus Checks Impact Your 2020 Tax Returns

Figuring Out How Stimulus Checks Impact Your 2020 Tax Returns

2020 has finally ended which means we now have to think about our 2020 taxes. The issue is complicated by the fact that many of us received a COVID-19 stimulus check during 2020 and now have to figure out how that impacts our federal tax situation.

The Stimulus Isn’t An Income

The biggest concern most of us have is whether the stimulus check counts as income. In some of our cases, that simple check is enough to change our tax bracket and can seriously impact how much we owe the IRS.

According to Kathy Pickering, chief tax officer at H&R Block, you don’t have to worry about how the stimulus check will impact your income because it doesn’t count as income. That’s a relief for many people who are already struggling to pay their bills and simply can’t afford any more financial blows.

What If You Didn’t Get A Stimulus Check?

Where the stimulus check will come into play is if you didn’t get one or if you got one but it was for less than what you were entitled to. There are many reasons this may have happened including having a child in 2020, experiencing an economic setback, the IRS didn’t have the correct information on file. When you file your tax return, the IRS will become aware of the issue. They won’t send you a separate check, but they will add the missing amount to your tax refund.

Seek Professional Assistance

If you didn’t get a stimulus check, it’s in your best interest to hire a professional tax preparer who will go over your return and make sure everything is correct and that it’s very clear that the IRS still owes you a stimulus check. Utilizing a professional tax expert spares you from potentially making a mistake on your tax return which could cost you thousands.

File Early And Be Patient

Don’t expect this tax season to be just like the ones before it. The IRS is backlogged and has already pushed the filing start date back by two weeks. You can’t submit your 2020 tax return until February 12. The IRS has said that while it might take them a little longer than normal to process the return, they still hope to have the refunds sent within 21 days of you filing your return.

Things that will shorten the amount of time it takes to get your tax return include filing electronically and accepting direct deposits.

 

California Vehicle Exhaust Noise Laws

California Vehicle Exhaust Noise Laws

California Vehicle Exhaust Noise Laws

When it comes to noisy cars people always have one of two opinions: they either think the deep rumble sounds awesome or they think it is the most obnoxious and irritating thing they’ve heard all day. Many feel that a car with either a broken or modified exhaust is a major nuisance and disruption. To simplify the matter, California’s lawmakers created exhaust noise laws. These set a very strict limit on the amount of noise your vehicle can legally make as you drive it down the road.

California’s vehicle exhaust noise laws are addressed in the California Vehicle Codes 27150 – 27153.

California Vehicle Code # 27150 requires that your vehicle have an adequate muffler. This doesn’t just mean that not only does your car has to have muffler, but that it also has to be in good working order. This must be in place when you bring your car in for its registration inspection. The same law states that your vehicle won’t pass its inspection if the muffler or exhaust system has been set up with any type of cutout or bypass.

California Vehicle Code # 27151 prohibits you from making modifications to your exhaust that either directly violate VC 27151 or that raise the decibel level of your vehicle above 88 dbA. If your vehicle weighs less than 6,000 pounds or is a motorcycle, it can’t make noise that exceeds 95 dbA. It’s worth noting that most contemporary vehicles, even the ones that have a nice throaty roar, are designed in such a way that the noise they make doesn’t exceed 75 dbA.

One of the challenges driver’s face is that the way the vehicle codes that deal with excessive noise are written, police officers don’t necessarily know how much noise your exhaust system makes. They can pull you over simply because your vehicle is nosier than the rest of the cars on the road. The current writing of the law allows them to “exercise their own judgment.” There’s a chance that they’ll issue an excessive noise ticket even if your car is within the legal noise limits.

If you’re issued an excessive noise ticket, you’ll have to take your vehicle to a mechanic and have the problem repaired or removed if there’s an illegal modification. The next step is going to the California Referee Center. After looking at both your ticket and your vehicle’s registration the Referee Center will test your exhaust system and determine if it meets the legal requirements. If everything is in order, they’ll issue a Certificate of Compliance which you’ll have to show the traffic court.

The tickets for illegal exhausts and excessive noise vary. For a first offense, the ticket is usually $25 with fees climbing to $193. There have been some instances where the overall cost of the illegal exhaust fines reaching $1,105.

If the police pull you over, it’s possible that they will notice other issues, such as unpaid parking tickets, bench warrants, parole violations, etc. All things considered, it’s in your best interest to keep your car quiet and not attract police attention.

 

Types Of Pleas A Defendant Can Enter For Court

David Ortiz Bail Bonds in Visalia

David Ortiz Bail Bonds in Visalia

When a person is arrested for committing a crime, they will have an arraignment hearing before the actual trial begins. At a defendant’s arraignment hearing, they learn the charges that are being filed against them. The defendant will then be asked to enter a plea, which they will do so after consulting with their lawyer.


There are 3 options for entering a plea:

    GUILTY
    When a defendant pleads guilty, they are conceding and admitting that they did commit the crime for which they were arrested. They waive all rights. The court must consent to this plea. In this case, no trial happens. The judge will announce the consequences and punishment.

    NOT GUILTY
    When a defendant pleads not guilty, they are maintaining their innocence in the matter. The police, detectives, and prosecutors will have to prove the case in court beyond a reasonable doubt. The defendant will then begin to prepare for a trial.

    NO CONTEST
    When a defendant pleads no contest, they are not admitting guilt, but they can be punished. In this case though, it cannot be used against them in another proceeding. For example, the defendant can plead no contest to a criminal assault charge and they will be sentenced for punishment. If they are facing a civil suit, this criminal assault charge cannot be used against them. The court must consent to a “No Contest” plea.


If a defendant pleads either “not guilty” or “no contest,” then the judge at the arraignment hearing will proceed to announce whether or not the defendant can post bail to be freed from custody for the duration of trial. If they are denied bail, they will remain in custody. If they are granted bail, then it is up to the defendant and his or her loved ones to come up with the money and/or bail bond so that the defendant can be released.

If the defendant pleads guilty, then they will not be granted bail because they will report immediately to their punishment.

If you would like more information on bail and bail bonds, please contact David Ortiz Bail Bonds in Visalia online or at 661-326-0608. Get your FREE consultation by speaking with one of our helpful bail agents. Feel free to ask as many bail-related questions you have, and they will be more than happy to answer them for you. Ask about our no down payment bail bonds and bail bond discount we offer as well. We are available 24/7, so we are always ready to help you as soon as you call.

To learn more about our services we offer, call David Ortiz Bail Bonds in Visalia at 661-326-0608 or Chat With Us now. Consultation is always FREE!

What To Expect At Your Loved One’s Arraignment Hearing

David Ortiz Bail Bonds in Visalia

David Ortiz Bail Bonds in Visalia

If your loved one has been arrested and you are committed to being there to support them each step of the way, then you will know that soon, they will have an arraignment hearing. This is their first court appearance after they have been arrested.


Here is what you can expect to happen:

  • The charges filed against the defendant are formally announced.
  • The defendant will enter a plea to the charges. They can plead not guilty, guilty, or no contest.
  • The judge will decide whether or not to grant bail to the defendant. If bail is granted, the judge will announce how much the bail will be.

Once the arraignment hearing is over and your loved one is granted bail, then it is time for you to take action on the next step: securing a bail bond.

This can be done quickly, affordably, and stress-free with help from one of our amazing bail agents at David Ortiz Bail Bonds in Visalia. Our bail bonds are 10% of the full bail amount and we work with you on a custom payment plan. We can make approvals over the phone, but in the instances when we need a face-to-face meeting, we will go to you. Once paperwork is signed and everything is in order, we will transfer it to the jail. It will be processed and your loved one will be released.

David Ortiz Bail Bonds in Visalia offers FREE consultations and we will show you exactly how we can help you and your loved one. Talk to one of our helpful bail agents and feel free to ask questions you may have. They will be more than happy to answer them for you. Don’t forget to ask about our zero down bail bonds and bail bond discount we offer to see if you qualify. We are available and ready to help you 24/7, so don’t hesitate to call.

For a FREE consultation or if you have any questions regarding bail bonds, call David Ortiz Bail Bonds in Visalia at 661-326-0608 or Chat With Us now.

Is There A Legal Obligation To Report A Crime As A Witness?

David Ortiz Bail Bonds in Visalia

David Ortiz Bail Bonds in Visalia

There was a recent incident involving rape, Facebook, and what did or did not happen after the fact. An adolescent Chicago girl was raped by 5 or 6 males and the incident was streamed live on Facebook long enough for nearly 50 people to watch and know what was going on. None of those nearly 50 people reported the assault to the police. So, besides the males who attacked the girl, do those 50 or so people also get in trouble for witnessing it, but not speaking up? Here is a closer look at what the laws say about bystanders who become witnesses to crimes.

Witnessing A Crime

In the United States, if a person is a witness to a crime, they likely have no legal obligation to report it to the police. There are groups of people though who are required to report certain crimes, and it would be because of their profession. For example, doctors, nurses, law enforcement, social workers, and teachers are required to report certain crimes, like abuse and neglect, to the police, even if they just suspect that it is occurring. If these people are required to report crimes but fail to do so, they can be charged a misdemeanor and face up to 6 months in jail and a $1,000 fine.

There may be no legal obligation to report a crime, but there may be a moral obligation to do so. This means that a person who witnesses a crime may report it because they believe it is the right thing to do. They may or may not know that they do not legally have to do it or that they will not get arrested for failing to reporting a crime. If they believe they should contact the police because what they witnessed was wrong and they want some type of justice, they will report it. This is their moral obligation.

When it comes to witnessing crimes online, there are complicating factors. For example, witnesses may not accurately assess what they saw online or what they saw online may be a fake or manipulated video. For California, the same law applies. Someone who witnesses a crime happening through an online channel is not required to report it, and they will not be arrested for failing to do so.

In either case, witnessing a crime in person or online, the police may still track witnesses down to question them. By this point, the police will know they did not report the crime, but they will not be arrested. The police just want to take down a statement of what the witness saw and heard.

Feeling Lost?

David Ortiz Bail Bonds in Visalia

David Ortiz Bail Bonds in Visalia

Are you feeling lost and confused due to a loved one’s arrest? We know that you want to help your friend or family member get out of jail, but you have now idea on how to do that. You will want the help of an expert to guide you through the process of rescuing your loved one from jail.

A professional bail agent will be able to do just that. A good bail agent will know everything about the bail bond process, which means he or she will be able to offer you the best help. You should be able to ask any questions that you might have regarding your loved one’s arrest or the bail bond process.

You can find expert bail agents who are ready and waiting to help you at David Ortiz Bail Bonds in Visalia. You will get nothing but the best bail help available in the state of California. You can contact us online or by phone at 661-326-0608. Consultation is always FREE! So don’t hesitate to ask one of our helpful bail agents any questions you have. Don’t forget to ask about cheap bail bonds and discounts we offer as well. They will be more than glad to answer your question or walk you through the bail bond process. Call us anytime, we’re open 24/7 for your convenience.

Call David Ortiz Bail Bonds in Visalia at 661-326-0608 and get your FREE consultation or Chat With Us now.

Interest Is How Much?

David Ortiz Bail Bonds in Visalia

David Ortiz Bail Bonds in Visalia

Are you wondering how much the interest on your friend or family member’s bail bond will be? Well, if you go to the right bail bond company, you will not have to pay any interest.

Some bail bond companies charge interest on their bail bonds. This means that you will have to pay more than you thought to get your loved one out of jail. The bail bond company will tell you it will cost a certain amount, but then they will make more money off of you thanks to the interest added onto your payments. This means you pay way more than you need to.

At David Ortiz Bail Bonds in Visalia, we do not charge interest on any of our bail bonds. This means that the price we tell you at the start of the bail bond process, will be the price you pay. We do not try to sneak more money out of our clients like other bail bond companies will.

If you want a bail bond without interest, contact David Ortiz Bail Bonds in Visalia. You can reach us 24/7 online or by calling 661-326-0608. Consultation with one of our friendly bail agents is FREE, so don’t hesitate to ask any questions you may have. Learn about our zero down bail bonds and bail bond discount to see if you qualify. Our bail agents will be more than happy to assist you.

Call David Ortiz Bail Bonds in Visalia at 661-326-0608 and get your FREE consultation or Chat With Us now.

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