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Making Written Threats

Making Written Threats

Making Written Threats

With the age of social media people have gained the ability to share all of their thoughts and ideas with the entire world. If they want to. Most people prefer to keep to themselves, since oversharing online is a pretty big deal. It can easily get a person into a lot of trouble. Many people have had to learn this lesson the hard way.

What some people see as joking around or just venting, can sometimes be seen as an actual threat against someone. What many people don’t realize is these threats can get them into trouble. Simply making a threat towards someone is a crime here in California, and it comes with very serious consequences.

What Is California Penal Code 422?

Here in the state of California the act of making criminal or terrorist threats online, or anywhere else, is illegal. Penal Code 422 covers this and explains what counts as breaking the law, and what are the consequences of breaking this law.

Penal Code 422 defines a criminal threat as someone making a specific threat, verbal or written, to harm or kill a person, and that person has a reasonable fear for their safety. This can be done in all sorts of ways, from saying it to a person’s face, to posting it on to someone’s social media page. Whether or not the person actually carries out the threat doesn’t matter. All that matters is they made the threat and it made someone fear for their safety, or the safety of their loved ones.

Even if the person never intended to carry out the threat, and simply wanted to scare the person, it is still considered a criminal threat.

This law also covers any instances of a person posting comments online about committing a mass shooting. These kinds of threats are always taken seriously, and as such, a person will face harsh consequences for making a threat of this nature, regardless of their age.

Another thing to consider with this law, is that each threat can be charged individually. This means that if a person threatens the same person multiple times, they could face multiple charges.

The Consequences Of Making Criminal Threats

Penal Code 422 is what is known as a wobbler crime in California. This means that it can either be charged as a misdemeanor or as a felony. How the crime is charged is dependent on the case itself.

The penalties for breaking this law also vary depending on how it is charged. For instance, as a misdemeanor, Penal Code 422 comes with:

  • Up to 1 year in county jail.
  • A max fine of $1,000.

As a felony, Penal Code 422 earns a person:

  • Up to 3 years in state prison.
  • A max fine of $10,000.

A felony charge also falls with California’s three strikes law because breaking Penal Code 422 counts as a serious felony. This means that a felony charge for this crime will count as a strike, and after receiving a third strike, a person has to serve a mandatory 25 years to life in state prison.

Don’t Make Threats To Joke Around Or Scare People

Making threats is never a good idea, and making threats jokingly is questionable at best. When a joke threat is made in person, the person’s tone of voice and mannerisms can tell anyone around that it was just a joke. However, none of that translates into text.

Threats online and through other written communications, will always be perceived as real and as such, should never be made. Threats made online are always taken seriously, especially nowadays. These kinds of things scare people, and rightfully so. This means they fall under Penal Code 422 and can be considered criminal threats.

What do you think of California’s take on criminal threats?

Is it too much or not enough? Let us know what you think in the comments down below.

 

What Are Your Rights Regarding Police Searches Of Property?

What Are Your Rights Regarding Police Searches Of Property?

What Are Your Rights Regarding Police Searches Of Property?

When it comes to performing investigations, law enforcement officers have to follow certain rules and laws just like everyone else.

The Fourth Amendment of the United States Constitution protects all US citizens from unreasonable search and seizures.

This means that law enforcement officers can only search a person’s property provided they have a good reason that has been approved by a court, the owner of the property allows it, or the officer has probable cause to do so.

This applies to all of a person’s property, including:

If a person does not give their consent to let an officer search through their personal possessions, then the officer will need to get a warrant. The warrant will have to be approved by a judge, and it will list exactly what the officers are allowed to look through. If something is not listed on the warrant, than the person has the right to deny the officer from searching or seizing the item in question.

Here in the US, citizens are protected from the government overstepping its boundaries. This includes searching and seizing of someone’s personal property without their consent. It is important that every citizen know and understand their rights. If they do not want to let a police officer search through their stuff, they have the right to turn the officer away unless he or she has a warrant.

 

Could Your Texts Be Taxed In The Future?

Could Your Texts Be Taxed In The Future?

Could Your Texts Be Taxed In The Future?

Californians pay a lot of different and expensive taxes. According to a recent report from Mercury News, the state’s Public Utilities Commission will be considering a new tax. This wouldn’t be just a new tax for California, it would likely be the first tax of its kind. The tax would also be one that a large majority of the population would probably be very upset over.

California regulators are currently looking into the idea of taxing text messages.

This is not a joke, the Public Utilities Commission is seriously looking into the matter. They are looking for ways to help provide funds for programs that make phone services accessible for poor people.

As anyone could imagine, this news has create quite a bit of uproar against the idea. The tax would drastically increase a person’s wireless bills and be applied if a person sent even just one text that billing period.

Aside from upsetting consumers, this proposed tax has also upset wireless providers who say it would create an unfair environment. The tax would push customers away from using their messaging apps in favor of untaxed internet messaging apps.

The commission is set to vote on the measure in early January.

How much the tax will cost is unknown at this time, but does it really matter? Texting has become a part of many peoples’ daily lives as they use this to communicate with their friends and loved ones. Should something like this truly be taxed? Let us know what you think in the comments down below.

 

Did You Suddenly Find Yourself In Need Of Bail Help?

Did You Suddenly Find Yourself In Need Of Bail Help?

Did You Suddenly Find Yourself In Need Of Bail Help?

The thought of bailing someone out of jail is not one that crosses a person’s mind unless they suddenly find themselves needing to bail out a loved one. This is usually due to the fact that people don’t want to even imagine the idea that someone they know might get arrested. While this may work out for some people, not everyone is lucky enough to never need to post bail in their life.

The fact of the matter is, thousands of people are arrested every single day in California alone. That means that at least twice as many people out their learn that that a loved one has been arrested and needs to be bailed out. That is not a fun thing to discover. Something like this can leave a person shocked and confused. Luckily, there are people out there who can help.

If you need bail help in the State of California, then you need to talk to the professional bail agents here at David Ortiz Bail Bonds in Visalia. For over 30 years, we have been helping clients deal with the shock of a loved one’s arrest. We help our clients understand the bail process, and get their loved one out of jail quickly and affordably.

If you suddenly find yourself in need of bailing someone out of jail, do not panic. You can trust that the bail agents here at David Ortiz Bail Bonds in Visalia will have your back. We provide all of the following to our clients:

  • 24/7 Bail Bond Service
  • 20% Discount – to qualified clients
  • Phone approvals
  • 0% Interest Payment Plans
  • No hidden fees – unlike other bail agencies
  • No collateral with Working Co-signer
  • Se habla Español

Do not let the shock of a loved one’s arrest prevent you from lending a hand. Just because you don’t know much about the bail process does not mean that you cannot help. Just talk to one of our helpful bail agents. They will be more than happy to answer your questions about the bail process and your loved one’s arrest. After talking to one of our agents, you will see that there is nothing to worry about. We promise, we won’t let you down.

Get the bail bond process started right away by calling David Ortiz Bail Bonds in Visalia at 661-326-0608 or click Chat With Us now.

We Provide Flexible Payment Options

David Ortiz Bail Bonds in Visalia Provide Flexible Payment Options

David Ortiz Bail Bonds in Visalia Provide Flexible Payment Options

Your life is a constantly changing and evolving thing. What works for you at one point in your life, may not work for you a few months down the line. Due to this fact, all long term plans need to be flexible enough to accommodate change. Here at David Ortiz Bail Bonds in Visalia, we understand that, which is why we provide our clients with flexible, affordable payment plans.

Bailing someone out of jail without bail help is an expensive undertaking. However, with help from David Ortiz Bail Bonds in Visalia you will only have to pay 10% of the full bail price. That means you save 90% just by coming to us for help. However, that is not all that we do to help out our clients.

We also provide everyone with personalized payment plans that fit into their budgets. This way, the 10% of the bail is broken up into even smaller monthly payments that are much more manageable. To make sure that our clients are always able to pay for the bail bond, we accept a variety of different payment methods to give them some flexibility.

Here at David Ortiz Bail Bonds in Visalia, we accept:

  • Cash
  • Checks
  • Major Debit & Credit Cards
  • Western Union Money Transfers
  • E-Checks
  • Wells Fargo Business Account Deposits

Our clients can also choose to make some of these payments over the phone, online, or through our website. We provide all of this flexibility to make paying for the bail bond as easy and affordable as possible. A client can use one payment type for a few months, and then switch to something else if they need to. The choice is yours.

If you are ready to bail a loved one out of jail, just call David Ortiz Bail Bonds in Visalia at 661-326-0608 or click Chat With Us today!

Drivers Have To Stop

Drivers Have To Stop

Drivers Have To Stop

California is notorious for having drivers who like to play by their own rules. Drivers in the state seem to follow the mentality that if everyone does it, it must be okay. However, this is not the case. After all, if other drivers drove off of a bridge, you wouldn’t follow them. Besides, a driver can still get into trouble for breaking a law, even if other drivers broke it too.

A perfect example of this is when drivers approach stop signs. A driver is supposed to come to a full stop at the limit line, the white line in the road, when they approach a stop sign. This is required by law. However, many drivers prefer to do a rolling stop, also known as a California stop.

A rolling stop occurs when a vehicle does not stop. Instead, it slows to an almost stop, then continues on without truly coming to a stop. This common practice is actually illegal and can earn a person a traffic ticket. A ticket for this offense can cost around $140.

As with all traffic violations in California, acquiring too many tickets for rolling stops can cause a person to lose their license.

When a driver approaches a stop sign, they need to stop at the limit line, or the edge of the crosswalk. The vehicle needs to come to a full stop, meaning the wheels aren’t moving and the speedometer needle is at 0. After stopping for 3 seconds, the driver can then proceed through the intersection if it is clear.

Drivers in a hurry tend to not stop, preferring to simply slow down instead, in order to save time. This can be dangerous and cause an accident, which is why it is against the law. If a law enforcement officer sees a driver do this, they will pull that driver over and give him or her a ticket.

 

Where Is Your Food Prepared?

Where Is Your Food Prepared?

Where Is Your Food Prepared?

Everybody is a fan of good food, and most people would argue that the best food out there isn’t found in restaurants. The best food is found in family kitchens. Over the past few years, there has been a growing trend of people selling food that they made in their own homes. While this often provides people with some of the best food they have ever tasted, it does pose a few health concerns. That is why the practice was illegal in the state of California.

The key word there is was.

Starting January of 2019, entrepreneurs will be able to sell food they prepared in their home kitchens.

This change came about thanks to Assembly Bill 626, which was authored by Assemblyman Eduardo Garcia. The hope was that this bill would allow people who couldn’t afford to get into the restaurant business to still get into it.

Before the aspiring new chef can get started selling their meals, they will need to get a permit to do so first. This permit will allow a person to become what is called a microenterprise home kitchen (MHK). An MHK would have to sell less than 60 meals a week, deal directly with their customers, and consent to inspections by local health officials if a complaint has been received.

A benefit to this bill, is that it exempts MHKs from certain rules that apply to restaurants, but don’t really make sense for home kitchens. A couple examples would be the rule that kitchens can’t have openings that lead directly to living spaces, and that kitchens have to have a 3-compartment sink. MHKs would not have meet these standards.

What do you think of this new law? Is it a great step forward for those looking to make a living selling their home cooking, or does it pose too much of a health risk?

Let us know what you think in the comments down below.

 

Safe Winter Driving Tips

Safe Winter Driving Tips

Safe Winter Driving Tips

While it may feel like fall just started, winter has arrived in parts of California. Soon enough, the entire state will be dealing with a chill in the air and storm clouds gathering on the horizon. Rains, snow, and ice will begin to affect the roads, creating dangerous driving conditions. When this happens, drivers need to proceed with caution, or risk being in a fender bender.

As road conditions worsen, drivers are supposed to adjust their driving accordingly. By doing so, they decrease the chances of themselves being in an accident.

Driving In Rainy Weather

Drivers should slow down. Sometimes in bad rain, even going the posted speed limit can be dangerous. On wet roads, cars can lose traction with the road and begin to hydroplane across the water, causing them to careen out of control. If a driver ever feels that their car is beginning to hydroplane, they need to let of the gas and let the car slow down naturally. Do not slam on the breaks or swerve. Once the car has slowed enough, the wheels will gain traction once again and the driver can proceed as normal.

Driving In Snowy And Icy Conditions

The road is always slippery no matter how fast the car may be traveling. This means that drivers need to not only slow down, but slow down everything that they do. In these kinds of conditions, cars cannot respond as quickly. The steering wheel might get turned to the left, but the car’s momentum on the slick surface will keep it moving forward. To avoid this, drivers in these conditions need to:

  • Driver slower
  • Apply breaks in a controlled manner
  • Apply gas from complete stops in a slower manner
  • Plan turns way in advance

If a driver simply takes their time in these conditions, they can reduce the likelihood of being in an accident.

Most experts recommend that the best way to be safe in inclement weather is not to drive in it. However, things like work and school don’t always make staying home possible. If a person does need to drive in bad weather this winter, they should do it with the necessary caution, or they could wind up in a very undesirable accident.

 

Sometimes Even The Police Need Help

Sometimes Even The Police Need Help

Sometimes Even The Police Need Help

When it comes to solving crimes, everyone trusts that the local law enforcement agencies will take care of it. After all, that is their job. They find the clues to track down the criminals and keep everyone safe. They do this on a daily basis. In fact, they do their jobs so well that many people often forget that sometimes police officers need help.

Even with all of the tools and training at their disposal, sometimes police officers miss something. This is usually due to the fact that they simply weren’t there to witness it. This is when they turn to the general public for help.

Unfortunately, there are a lot of people out there who are uncomfortable with the idea of giving information to police officers. There are a number of reasons why people might not want to give tips or information to an officer, and most of them are things that don’t need to be worried about. Despite what some people may think, law enforcement officers can be trusted. After all, their job is to help people.

Why People Don’t Report Crimes

There are all kinds of reasons why a person may not want to report a crime or give tips to a police officer. Some of the reasons include:

  • They assume someone else will help. They figure that with so many people out there, that someone else will help and that they will not need to. The problem is, a lot of people think like this which can lead to nobody giving the information to local law enforcement.
  • They don’t want to get involved. Some people would rather stay out of things and avoid any unnecessary struggles.
  • They don’t want to make themselves look guilty. Some people incorrectly assume that by reporting a crime to the police they may make themselves look guilty. However, this is not the case.
  • They don’t want to make a loved one look guilty. Sometimes a person may suspect that someone they care about committed a crime, and they try to help that loved one out by not reporting the crime.
  • They are afraid that the accused criminal may come after them. This is something that is shown a lot on television and in movies. The accused goes after whoever “wronged” them by reporting the crime to the authorities. This rarely happens in real life and the police will do everything they can to help protect people from criminals.
  • They don’t trust the police. Some people just have a mistrust of the police created by any number of things that have happened in the past. The important thing to remember is that for every story of a bad police officer, there are thousands upon thousands of untold stories of good officers following and enforcing the law every single day.

Why People Should Report Crime

The truth is, when it comes to crimes, sometimes police officers can’t always be there to get every detail. This is especially true the moment a crime happen. Unless officers knew the crime was going to occur, which is rare, the chances of them being there to see everything is slim to none.

In these instances, they need the public’s help to collect information about the crime in question, so that they can track down the culprit. They want to hear from people who witnessed the crime and might be able to offer a new perspective that could lead to an arrest. They need everyone’s help.

How To Report Crimes

If a person wants to report a crime or provide a tip, they can usually contact their local law enforcement agency over the phone or online. Some agencies can even accept tips through text messages. While this makes reporting tips and crimes easy, they do often require a person to provide their name contact information to the officers.

If a person wishes to report a tip anonymously, they can do so through Crime Stoppers. Crime Stoppers is an organization that works with law enforcement agencies all over the United States. What many people love about this organization is that it allows people to give tips about crimes anonymously, thus removing many of the concerns that people have about giving tips.

Crime Stoppers makes giving tips anonymously very easy by allowing people to give tips to local law enforcement agencies in the following ways:

  • Online at the Crime Stoppers’ website.
  • Over the phone with a toll free phone number on their website.
  • With the P3 Tips mobile app.

This makes reporting tips about crimes easy.

Give The Police A Helping Hand

While Police officers have a lot of tools at their disposal, and years of training, they cannot always solve cases alone. Sometimes they need the public’s help. Unlike what some TV shows and movies would have people believe, reporting a crime or tip is not a big, scary deal. Often times it is as simple as giving some just a little bit of information.

If a person is still hesitant, then they can always give tips anonymously through Crime Stoppers. This way the person can still help out without the fear that someone may be looking for them. They can do a good deed and help local law enforcement agencies track down the culprit of the crime in question.

 

Can Your Neighbor Park And Block Your Driveway?

Can Your Neighbor Park And Block Your Driveway?

Can Your Neighbor Park And Block Your Driveway?

The downside to living in a city or residential area is that it’s not uncommon for someone to park in such a way that it blocks your driveway. Luckily, in most cases the driver is only there for a few minutes before they move on, but every once in a while you’ll encounter some rude driver who doesn’t seem to see why you are upset about the fact that they’ve been blocking their driveway for hours.

The good news is that you do have some legal options.

The first thing you should do is ask the person to move their vehicle. No matter how irritated you are over the situation, while dealing with the driver, stay calm, cool, and collected. Remember that you can catch more flies with honey than vinegar. Stay polite and calmly explain that they’re making it impossible for you to get in an out of your home, which is making it difficult for you to pick up kids from school, get to work, etc.

If you’ve spoken to the driver and they continue to block your driveway with their car, it’s time to contact the local authorities. Ask that they speak to the driver. If you’ve kept a record (complete with pictures) of the number of times the driver has blocked your driveway, they’ll have a better understanding of why you’re frustrated.

Based on what happens when they speak to the driver, the police will advise you on what your best options are. You want to follow their guidelines and not take matters into your own hands. Don’t be surprised if they suggest having the city tow the vehicle. They may even suggest that the next time you have a problem, contacting them and they’ll arrange for the city garage to tow the car.

While there are things that can be done about a car that’s constantly parked in your driveway, as long as the access isn’t blocked, there’s little you can do about a neighbor that constantly parks in front of your house provided they park on the street and not on your actual property.

If a vehicle has been parked in front of your home for more than a week without being driven, you can contact the police and report an abandoned vehicle. If they’re unable to track down the driver, they’ll have the vehicle impounded.

 

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