Codes

 Technology has made leaps and bounds in just the past few years. Things that may not have seemed possible at the dawning of the new millennium are now achievable and happening on a day-to-day basis. Unfortunately, this has given criminals an abundance of new tools to work with to invade another’s privacy.

California takes invasion of privacy very seriously. The state actually defines invasion of privacy and sets the sentencing parameters when a person is convicted, however bail and the choice of punishment is largely left to each individual county. Regardless in which California County you may have been arrested, Bail Hotline has a location nearby and will help you determine if you are eligible for a quick release per the local bail schedule.

The Law Defined

California’s laws are very in-depth and cover a great number of instances that are considered an invasion of privacy. The statute specifically outlaws: the unauthorized tapping or connecting to any communication, recording or using amplifying devices to eavesdrop, intercepting any phone call, recording any phone call without the consent of all parties and in many cases even criminalizes the act of assisting a person in committing any of these infractions. These crimes are covered in subsections of the main invasion of privacy law, but the punishments are nearly identical in all cases.

Corresponding Bail

A charge of invasion of privacy will bring a different bail amount depending on the county of arrest, and the bail schedule set forth by its Superior Court. These schedules list crimes that are committed within the county’s jurisdiction and the preset bail amounts linked to each crime. The bail schedule allows a person to get out of jail before seeing a judge, most often by using bail bond agencies that can secure a quick release for a fraction of the full “face amount.”

A person arrested for unlawful invasion of privacy using an electronic device in Alameda County will face a five thousand dollar bail amount.
Unfortunately, many counties do not specifically list invasion of privacy in their schedules, but this doesn’t mean there isn’t a bail amount. Most counties have a list in their schedule for “crimes not listed.” The bail amounts of these crimes are based on the maximum incarceration time possible for the crime. Invasion of privacy is a wobbler, meaning it can be charged as a felony or misdemeanor. If charged as a misdemeanor, a conviction cannot lead to more than one year in jail. In Riverside County, this would calculate to a bail set at $5,000 because the maximum jail time is under three years.

Penalties and Consequences

Anyone charged with misdemeanor invasion of privacy will face a $2,500 fine, one year in jail, or a combination of the fine and jail time. A person who was previously convicted of this crime, however, will face the same amount of jail time plus a fine increase of up to $10,000. There are a few instances where a person can be charged with a felony: if a person unlawfully connects or taps into any communication going out over any line, cable, telephone, telegraph or other instrument, tries to read, obtain or communicate that information or assists in any of the aforementioned, they can be charged with a serious felony. A conviction of this magnitude will lead to either sixteen months, two years or three years in a state institution. The choice of these three sentences is up to the judge.

Invasion of privacy laws are taken very seriously in California. If a person even records their own phone conversation without the knowledge of the other party, they may be breaking the law. It is important for anyone arrested for this crime to contact a bail bond agency for quick release, and then contact a good lawyer. Many people may see eavesdropping and invading another’s privacy as a game, but the government definitely does not.

 False imprisonment is a serious crime in California, with multiple factors that are considered once a person is charged with this offense. All counties within California have the right to decide upon their own bail amounts to garner a release once charged with the crime, however, the state of California actually lays out what constitutes this charge and provides the sentencing guidelines that the counties must abide by when enforcing penalties. 

What is False Imprisonment?

False imprisonment has a very simple definition in the State of California: unlawfully violating another person’s personal liberty; accomplished by confining, detaining or restraining a person without their consent. This crime can be made even more serious if the accused used violence, menace, fraud or deceit during the commission of the crime. Menace basically means that a person threatened harm upon another person in an effort to violate their personal liberty. There are defenses to a charge of false imprisonment, but only a good lawyer can argue the case, so it is imperative that a person charged with this crime get out of jail as quickly as possible to prepare their defense.

Bail Amounts

The bail amounts related to false imprisonment are going to vary depending on what county a person is arrested in, and under what specific circumstances. Call the closest of Bail Hotline’s twenty-five branch offices, and speak with a bail agent to find out the preset bail amount provided in any given county’s bail schedule

San Diego County’s bail schedule, for example, sets a bail amount of $10,000 for those accused of this crime. Los Angeles County, on the other hand, sets bail at $50,000, while Santa Clara County only sets it at five thousand dollars. All of these bail schedules have specific instances where a person can be given a higher bail amount depending on circumstances related to the false imprisonment charge.

Consequences and Penalties

False imprisonment is known as a ‘wobbler,’ meaning it can be charged either as a misdemeanor or a felony. A misdemeanor charge will only bring a maximum fine of $1,000 and up to a year in jail. False imprisonment is considered a felony if menace, violence, fraud or deceit was used, in which case a person faces sixteen months, two years or three years respectively in a state prison. If these methods were used against an elderly person or dependent, then the punishment jumps up to two, three or four more years. In any case, these penalties are severe and not to be taken casually.

False imprisonment, especially certain forms of the crime, is a serious offense in California that can lead to very damaging consequences. Anyone accused of this crime is in for quite a legal battle if they want the charges set aside or significantly reduced. Taking the charge lightly will likely incur the severest punishment possible in the state of California, so obtaining your release from jail as quickly as possible to begin preparing your defense is ideal.

 

Not many crimes against elders are committed within California, and the United States in general, generate such an emotional response as those against the elderly. Elderly people are very susceptible due to the fact that they might be confused, mentally incompetent, physically impaired or just generally unable to protect themselves.

Crimes against elders encompass several different statutes and can make the punishments for certain crimes far worse than they would’ve been had they been committed against, say a thirty-five year old citizen. Anyone charged with a crime against an elderly person will definitely need legal representation, because the State of California does not look kindly upon those who are so convicted.

Laws to Protect the Elderly

there are several crimes against elders that can land a person in jail, or even increase the charges for what some may see as minor crimes. California Penal Code 368 states that it is illegal to knowingly cause or put an elderly person in a situation, whether that situation is likely to produce great bodily harm or not, where the elder person would be subject to mental or physical suffering, unjustifiable pain, injury or danger in general. It also states that crimes such as theft, embezzlement and false imprisonment will be charged more severely if they are committed against an elderly person. This applies to the general public and caretakers equally.

Bail Amounts Can Vary

Each county in California is able to set their own bail amounts, so they can differ drastically. General crimes against elders, for example, will warrant a twenty-five thousand dollar bail amount on the bail schedules of San Diego and Santa Clara Counties – while the same crime in Los Angeles County will incur a fifty thousand dollar bail. Some counties apply more similar bail for these crimes; Santa Clara and San Diego Counties, for instance, have set bail amounts of ten thousand dollars to those who steal from the elderly. Because the preset bail amount varies depending on the charge and the county, it is best to contact your closest Bail Hotline if you find yourself bailing out a friend or loved one charged with these crimes.

Consequences and Penalties

Penalties for those convicted can change, once circumstances are considered, but the penalties are usually similar. Most of these crimes can be charged as misdemeanors or felonies. Any misdemeanor charge will only warrant a maximum of one year in jail and a fine.

A person that knowingly puts an elderly person in a dangerous situation that could likely cause great bodily harm, or who commits theft or embezzlement against them, faces 2-4 years in prison if the crime is charged as a felony. This will likely be in addition to the punishments involved with the actual crime itself. False imprisonment of an elderly person by use of menace, violence, deceit or fraud also brings a minimum of two years in prison, assuming no other charges are tacked on.

Crimes against elders are treated with the utmost importance by the California criminal justice system. Due to their general inability to protect themselves, crimes committed against them are treated more severely by the courts. Anyone charged with a crime against an elderly person will need competent legal representation if they hope to escape the harsh penalties related to these crimes. Though our legal system says you are considered innocent until proven guilty, without an attorney most people accused of crimes against the elderly will end up on the wrong end of the law.

 Not many crimes catch the public’s interest the way that money laundering does. The simple mention of this crime summons thoughts of mob bosses passing their illegally gained money through a restaurant or dry cleaning front to ensure that the source of their ill-gotten gains is never discovered.

Unfortunately, many people in California have discovered that the legal definition in the state is far broader than most would believe. A person could commit the crime of money laundering without even knowing it. Understanding the law is the best way for people to protect themselves from prosecution for this offense.

What Activities Are Considered Money Laundering?

In California this law is very broad and complex. If a person conducts, or even attempts to conduct, one or more transactions that exceed $5,000 dollars at a financial institution within a week’s period they are quickly flagged.  If they are also contributing to any type of criminal activity, then they are guilty of money laundering.

They are also guilty of money laundering if they conduct these transactions knowing that the money in some way came from criminal activity, even if they do not participate in that activity themselves. This makes it very easy for a person to be charged with money laundering; a person merely depositing money into a bank that was given to them by a drug dealer or other criminal would be guilty of the crime.

The definition of financial institution is also incredibly broad and can include any institution from a national bank to a pawnbroker. Many people wonder why these laws are so broad, and it turns out it is basically California’s way of convicting major crime bosses. A person at the top of a criminal empire does not usually have a direct hand in the criminal activity going on below him, but often benefits from the proceeds of his crimes. Because of this, California found a way to charge these major criminals, even when they have not physically committed any infraction.

Penalties You May Be Facing

The base penalty for money laundering is a jail term not exceeding one year and/or a fine of up to $250,000, or twice the value of the money laundered. This is not, however the only punishment a person usually receives. Each transaction of $5,000 in a week or $25,000 in a month is treated as a separate offense and can be penalized as such. Penalties continue to increase as certain thresholds of money are reached as well. If the illegal transactions exceed $150,000, then an additional year will be added to the overall sentence. This continues all of the way up to 2.5 million dollars, which will garner a person an additional four years – and also, each five thousand dollar transaction can be charged and sentenced separately.

How Much Can You Expect the Bail To Be?

The preset bail schedule amounts for money laundering vary between all California counties. In Monterey, San Benito and Santa Barbara counties, for instance, the bail amount for money laundering is $10,000. In Santa Barbara though, this bail amount can increase to $40,000 dollars, dependent on the amount of money involved in the crime. These bail amounts may seem very steep, but they are worth it to have additional time to confer with a lawyer. Unfortunately, California PC 1275 states that illegally gained money cannot be used for bail. This usually means that a person accused of money laundering will have to prove their bail money did not come from illegal activities, and Bail Hotline can walk you through these steps.

Money laundering is no longer a crime that affects only major crime bosses. Almost anyone could become involved with money laundering without realizing they are being so used. A lack of knowledge of the law is never an excuse to break it, so many people walk in front of a judge completely unprepared with how they will handle the situation. If charged with this crime, there are serious and complicated aspects to be dealt with.  Calling Bail Hotline as soon as you are booked, can get the ball rolling toward a more rapid release.

 Extortion is considered a serious crime in the state of California. All counties within the state can choose the specific bail amount related to this crime, and even have a small say over the sentence that is handed down to one so convicted. The State of California, however, gives the guidelines to sentencing. Most California crimes give three specific penalties that may be handed down to the convicted, and it is up to the county court to decide which of these punishments is adequate.

What is Extortion?

Extortion is defined as obtaining property from another person with their consent, or getting a public officer to grant an official act, through the use of wrongful fear or force. Public officials can also be charged with extortion if they use their authority for these purposes. The use of force is self-explanatory, but the California law specifically explains the types of extortion and why they cause fear.

If a person threatens injury to another, that person’s property, or a third person, then it is considered extortion if they are trying to gain something. Threatening an unwarranted accusation against a person or any member of their family of a crime also falls under the extortion law. The third type of extortion would be a threat to impute or expose a person or their family to disgrace, crime or deformity. The final type mentioned is threatening to expose any secret that will affect the victim or their family. Any of these actions performed with the intention of obtaining property or official acts constitutes extortion.

Bail for Extortion

Though California counties have some say over how to handle their extortion sentencing, they have complete control, over bail amounts. That said, most counties differ between one another as to the bail allowed within their jurisdiction. Los Angeles and San Bernardino Counties, for instance, require a $35,000 bail amount on their schedule for sending a threatening letter to extort someone. Monterey County, on the other hand, only requires $30,000. Los Angeles and San Bernardino Counties also require a $50,000 bail for extorting a signature by threat, while Monterey County only requires a $30,000 bail. Each county differs, yet each amount is significant.

Extortion also brings harsh penalties, which is why it is smart for anyone accused of the crime to get a lawyer. Extortion is usually charged as a felony, and those convicted could face a $10,000 dollar fine. The prison time, however, is far more serious. A person convicted of extortion faces either a two, three or four year sentence in state prison. The choice of these three sentences is at the discretion of the court, but all of the sentences can certainly wreak havoc on your life.

Extortion is a serious crime that can threaten the good name or safety of another person. Because of this, California and all of its counties take the crime very seriously. Anyone accused of extortion, guilty or not, should contact their local office of Bail Hotline to get them out of jail as quickly as possible. As soon as a person is released from jail, they can start working with their attorney on what will have to be a stellar defense. There is no doubt that there are legitimate defenses to the charge of extortion, so it is better to be out of jail and conferring with a lawyer to ensure the best possible chance of lessening the chance of a conviction.

There are not many things in the world that are more looked down upon than child abandonment. There is a continuing rumor that anyone in jail for harming a child will receive ill treatment from other inmates. Even if this is not true, the legal penalties for such a crime can be severe.

California Penal Code 270 encompasses the definition and penalties of a charge of child abandonment. The code actually sets forth a particular punishment for those convicted of the crime, but individual counties are able to set their own bail amounts related to the offense. Regardless of why a person is charged with child abandonment, it is imperative that they find a lawyer, because judges usually don’t smile kindly upon those who are convicted of these types of crimes.

What is Child Abandonment?

California law is very specific as to what constitutes child abandonment. PC 270 defines this crime as willfully and unlawfully withholding food, necessary clothing, shelter, medical attendance or other forms of remedial care. Many people are confused about the definition of ‘remedial care,’ and some people are upset once they realize what it means. Parents who are part of religions that use only prayer to try to heal disease, are considered to be providing remedial care. If a child is sick and only prayer is used to heal him, it is considered legal.

This law applies to the legal parent, whether or not they are the biological parent of the child in this situation. Many people are surprised to learn that a man is also responsible for a child even if the child was artificially inseminated, but this only applies in cases where the man signed off on the insemination. In all cases, if courts see proof of child abandonment, the law says that this is enough to prove “willful abandonment.” When this proof exists, judges and juries must consider all income that a parent receives, in deciding whether or not the defendant had a lawful excuse.

What Bail is Charged?

Child abandonment bail will usually be different in each California County, due to the fact that all counties can choose their own preset amounts on a bail schedule. Many counties, however, stay within a certain range of bail; Los Angeles, Santa Clara and Monterey counties all set bail at $5,000 for those accused of child abandonment. Monterey County, however, treats child abandonment of a child under fourteen as a “wobbler.” This means it may also be charged as a felony, and in this case the bail amount in Monterey County is $10,000.

What are The Consequences?

California Penal Code 270 actually specifies the punishment involved with child abandonment. If convicted, a person faces jail time of up to one year, or a fine of $2,000. In some cases, the judge may choose to impose both of these penalties. In the case of a non-biological parent who is adjudicated as the legal parent of the abandoned child, that person faces the same penalty, but he may be confined to a state prison for one year and one day as opposed to a county jail. Either way, a child abandonment conviction will lead to serious penalties for the accused.

The laws of our land say it is important for a person to take care of their child to the best of their ability, and even if the care is mediocre, it may be considered legal if it is all that the parent can afford. Several child abandonment cases are brought forth by scorned lovers or overbearing neighbors, and if these charges are frivolous there is a very good chance that they will be dropped. That said, when it comes to children, reporting what you think may be a crime against them is never a bad idea; if ultimately unfounded, it is certainly less damaging then it would be for a neglected child to not be dealt with. 

Fire is undoubtedly one of humankind’s greatest discoveries. It has allowed people to stay warm since the dawn of time, and without it, most of what is familiar to us would not be possible. Unfortunately, fire can also be more than deadly – taking with it not only lives but also dwellings – when used with bad intention or when a simple disregard for prevention gets out of control.

Is it Arson or Reckless Burning?

According to Penal Code 451, arson is a malicious or willful act, with intent to harm persons or property.  It is an extremely serious charge and, if convicted, you must register as a convicted arsonist and report your whereabouts to the local police; failing to register can incur up to one year in jail.

Penal Code 452, is considered the “second arson” law, is generally referred to as the “reckless burning law” and it involves burning of a structure, forest or open land.  If you toss a cigarette into dry brush and it ends up burning property or harming another person, this is considered reckless and can also incur a felony charge.  In this case you were not just being negligent or careless, you were aware there was a risk involved and chose to ignore that possibility.

What are the Penalties for Arson?

Depending upon the circumstances of the incident and the subsequent amount of property damage, the penalties for arson can be wide ranging. For instance, arson that causes great bodily harm – including death – can incur a felony charge. Additionally, recklessly setting a fire that causes millions of dollars in damage to property can also bring about a felony arson charge – even if the intent of the fire was not malicious in nature.

With felony arson, convicted individuals may be facing many years in prison and fines that range into the tens of thousands of dollars or higher. In cases of misdemeanor arson, fines typically do not exceed $2,000 and jail time is usually less than one year in a county jail.

What is the Bail for Arson?

In California, individuals charged with felony arson can expect to qualify for bail amounts that range between $20,000 and $500,000, depending on the specific charges and circumstances.

For instance, arson committed against an uninhabited structure may incur a bail amount of $75,000, while arson committed during an officially declared state of emergency hike the bail amounts closer to $350,000.

Arson requires an intelligent defense, best served by the freedom to meet with a specialized attorney on your own terms.  Of course, getting back to your job and your family as soon as possible will also keep you on track and more financially capable of handling necessary expenses.

In California, a criminal charge of battery is serious, but when the charge is battery upon an officer of the law, the consequences of a conviction can be dire. From fines to penalties, including jail time, people convicted of battery upon an officer may face very stiff sentences, and these sentences can be magnified depending upon the circumstances of the battery charge.

Definition of Battery

In many cases, people confuse the words “assault” and “battery.” An assault is simply the threat of force with the reasonable ability to carry it out. An example of an assault may be when someone threatens to hit another person while holding baseball bat. Battery, on the other hand, is the actual use of force, even if no threats have been made. Essentially, one can be charged with assault, battery or both.

Definition of an Officer

While it’s quite obvious that a sworn police officer is considered an officer under the law, there are also other definitions according to California law. For instance, a police dog or other law enforcement service animal is considered to be an officer, and some security officers are also covered under the label. Traffic officers and code enforcement officers are also considered to be officers under the law, meaning the penalties for battery upon such individuals are just as strong as if they were police officers in uniform.

Fines and Penalties

The typical fine for battery upon an officer in California is $2,000, but the amount can be lower. Additionally, individuals convicted of battery upon an officer may face as much as one year in a county jail for their actions, and this jail sentence may be combined with a fine. There are also unseen costs associated with a battery upon an officer conviction, including a criminal record and lessened job opportunities in the future.

What You Can Do If Charged

In most cases, a bail amount will be set for you once you are arraigned. At this point, you will want to seek out the nearest Bail Hotline office. The average bail amount for battery upon an officer is $3,000, but this amount can change dramatically depending on the circumstances of your arrest. In addition, if you are charged with other crimes in addition to battery upon an officer, your bail amount may be substantially higher.

If you ever find yourself in a situation where you are tempted to strike an officer of the law, it would be wise to resist. Even if you feel that they are treating you unfairly, it is almost always better to bring that information out in a court of law on your own terms, not the officer’s. If an officer is physically abusing you, do not resist and always try to reasonably comply with any orders you are given. Once your arrest is complete, you will have the opportunity to present your case before a judge, and this is always a better option when compared with being charged with battery upon an officer. 

Every state has stiff penalties for failure to appear when the court has required you to do so. The logic behind this is obvious – without stiff penalties, many people would interfere with their cases going forward by failing to appear. This is especially true for persons who are facing severe penalties and who are on trial for significant crimes.

Legal Ramifications

California Penal Codes 853.7 and 853.8 both cover the failure to appear, by setting the minimum charges. If you fail to appear for a registered court date, you are guilty of a misdemeanor. As your court is already in session and your guilt or innocence is physically apparent to the presiding judge, you will not have a trial to determine your guilt – the judge simply declares you guilty of this crime by virtue of the fact that he does not see you at the scheduled hearing.

The judge will now issue a bench warrant (so called because it is issued from the bench) for your arrest. This gives the police the right to arrest you if they can find you, and detain you until your next hearing – even if that hearing is weeks or months away. California law also enables the court to assess a penalty of no less than $15 to cover any expenses and inconvenience you have caused by creating this delay.

And It Gets Worse

If you receive a failure to appear without just cause (which was a condition of your bail), then your bail may very well be revoked. This means that the court may opt to keep any money you have posted for bail, in addition to issuing the warrant for your arrest. If you have used a bail agency, then they may hire a bounty hunter to have you brought in order to protect their surety bond. If you are allowed back out on bail, the face amount may be increased to encourage your appearance in the future.

Failure to appear is a serious crime in the eye of the courts and so it generally has severe effects in the future. It is an mark on your criminal record, and while it is only a misdemeanor, it usually guarantees a brief jail sentence in the local house of corrections. Going forward, you will have more difficulty getting bail, and the bail amounts will be higher and more difficult to post. You may also have bail denied when it might otherwise have been granted.

It’s Always Better to Show Up

Your best option then is to appear, despite the potential dangers you may face at a hearing or trial. If you do fail to appear, the court is generally only willing to set aside this new charge if you can prove that there was something that was physically keeping you from appearing. In general, the only two excuses that are accepted are that you are imprisoned for another crime or that you are undergoing emergency medical treatment.

Outside of those exceptions, you are expected to file a “continuance,” prior to your time to appear. This is a legal notice to the court stating that you cannot appear, explaining why, and giving them forewarning. If you have a lawyer, contacting him or her at least 24 hours before your court date should be enough for them to file a continuance on your behalf.

California doesn’t take any crime committed within its borders lightly, but some crimes seem to carry sentences that some may find excessive considering the charge. Forgery is often one of these crimes. Many people think forgery is simply signing another person’s name to a document, but the law is much more in-depth than that.

There are several instances where a person may commit forgery without even knowing it. The crime carries severe punishments, and a forgery charge can even prevent a person from getting out of jail on bail. Knowing the fine distinctions of the law can prepare a person if they’re ever faced with a forgery charge.

What is Forgery?

California Penal Code 470 goes into great depth of what the crime of forgery entails. Whenever a person intends to commit a fraud while signing another person’s name without their authorization, it is obviously a forgery. There are other examples of the crime, though.

Trying to recreate another person’s signature to commit a fraud and altering legal documents are also considered forgery. A person can also be charged with forgery if they alter, falsify or counterfeit documents related to money, property, stocks or other goods. Falsifying notarized documents, wills, court records or any other legal document will also garner the charge.

Penalties

It is important to contact a bail bond agency and a lawyer as soon as possible after being arrested for forgery, because the consequences of a conviction are severe. It is important to get out of jail as quickly as possible to start working on a defense. A very first conviction on a forgery charge can bring with it a three-year prison sentence. On top of this prison time, a person convicted of forgery will usually have to pay restitution to the victim of the crime and up to $10,000 in fines. As with most crimes in California, a person may also have to perform community service before being let off of the hook. These punishments may seem severe due to the fact that even writing a bad check can be considered forgery, but it is important to know that all of these penalties are a possibility.

Held Without Bail

There are not many crimes that a person can commit that will prevent them from getting bail at all. California Penal Code 1275 states that if a peace officer, judge or prosecutor believes that a person may use feloniously obtained money or assets to post bail, then the defendant can be held without bail until they can prove otherwise. Since forgery can be charged as a felony, many people would assume that assets used for bail could’ve been feloniously obtained. An attorney or bail bond agency can help in these situations, but getting bail will usually require proof of some type of income not illegally obtained.

Forgery is a serious crime within the state of California. It is important for a person to contact a bail bond agency as soon as possible to get out of jail. Bail becomes a difficult issue when forgery is involved, but bail bond agents can speak up for a person in court to help secure their release on bail. The range of punishments for forgery varies widely and can be extreme in some cases, so it is also important to secure a good lawyer. Knowing what the law says about forgery and how to handle the charge is the best way to have the indictment dropped.