We Provide 24-Hour, Statewide Service
(661) 326-0608

Tag: visalia jail inmate information

What Happens If I Make A Fake Or Prank 911 Call

fake-or-prank-911-call1.jpg

fake-or-prank-911-call1.jpg

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

understanding-slander-in-california1

understanding-slander-in-california1

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?

pranks-gone-too-far1

pranks-gone-too-far1

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.

 

Copyright © 2020 David Ortiz Bail Bonds. License # 1841120 | All Rights Reserved.

At David Ortiz Bail Bonds, we do everything to make your bail experience as hassle-free as possible. David Ortiz Bail Bonds offers complete bail-bonding services along with numerous benefits.