Codes

Theft is a crime that the state of California takes very seriously. Most people do not realize that the difference of only a few dollars can make a theft charge more serious in this state. Statutes regarding the theft of another person’s property are not as simple as a person may imagine. There are several different charges and penalties, dependent on what was stolen and the value of property taken. Grand theft is one of the more serious theft charges of which a person can be accused; though laws usually vary from county to county, this crime carries with it steep consequences in most cases.

What is Grand Theft?

California considers a crime to be grand theft when the value of the stolen property exceeds $950. There are several exceptions to this law that can turn many instances of theft into a grand theft charge. Stealing certain crops or seafood from the places that produce them, for instance, can garner a grand theft charge if the amount of goods stolen exceeds $250. There are also several instances when a person can be charged with grand theft regardless of the value of the stolen property – stealing a firearm, car or any of a number of farm animals will lead to a grand theft charge, even if the object isn’t especially valuable.

Bail Amounts

There is no specified bail amount for grand theft that encompasses all of California. Each county produces its own bail schedule to decide what a person must pay to get out of jail after being arrested for any type of grand theft, and these amounts vary widely between counties. For instance, Los Angeles County requires a person to pay $1,000 dollars and have a court appearance, while San Luis Obispo County has bail amounts ranging from $5,000 to $30,000 dollars, depending on the circumstances. Bail amounts will also within one county, based upon whether the grand theft is charged as a misdemeanor or a felony. This decision will general correspond to the circumstances of a particular case, as well as the criminal history of the person being charged.

Charges and Punishments

There are several types of grand theft, and they all carry different punishments. Any grand theft that is charged as a misdemeanor will have a maximum jail term of one year. Felony charges are always punishable by over a year in prison. There are several types of grand theft that can be charged as felonies. Grand theft charges that have their own sections in the penal code include grand theft auto and grand theft person. Grand theft person is the theft of something that was actually being carried by a person when it was stolen.

If a person is convicted of felony grand theft, they are usually sentenced to sixteen months, two years or three years in prison. The choice of these three sentences is again at the discretion of the judge. Sentence enhancements can also be applied depending on the specific circumstances of a case. Stealing something worth over $200,000 will actually bring a sentence enhancement of two years. Punishments for grand theft can vary as much as the bail amounts between counties.

Grand theft is a serious charge that brings with it serious consequences. Anyone accused of any type of grand theft should work to get out of jail as quickly as possible to prepare their defense. It is usually possible to get released from jail in only a few hours after you contact Bail Hotline Bail Bonds®. This is due to the fact that grand theft is listed on all of California county bail schedules, so it usually isn’t necessary to see a judge before being released. Knowing the many nuances of grand theft law in California is certainly a good reason to seek the proper legal counsel once you are free on bail.

Criminal justice systems vary greatly from county to county in the state of California. A criminal conviction in one county may bring harsher penalties than the same conviction in another. There are even variations within the same county as to the way some criminal prosecutions are handled, even when dealing with one charge. There is no overarching penalty for any specific crime that covers all of California. The state does, however, set forth the definitions and general guidelines of many crimes.

Burglary is one crime that can cause a great deal of confusion for those incurring this charge. Even when only one county is considered, a person charged with a burglary can be charged with a felony, while another person charged with the same crime may only receive a misdemeanor. Knowing all of the nuances of the crime of burglary will help a person if they find themselves facing this type of charge.

What is Burglary?

California Penal Code 459 defines burglary as the entering of a dwelling with the intent to commit any type of theft, or any other felony. The law provides a nearly exhaustive list of structures that fall under the first-degree burglary umbrella: including homes, rooms, apartments, tents, vessels, cars, trailers and several other types of structures that may be used as dwellings.

Second-degree burglary is basically the same as first-degree, but it covers commercial structures instead of dwellings. It is not even necessary to break into a dwelling for a person to be charged with burglary. Simply entering a dwelling that they do not belong in, with the intent to commit the aforementioned crimes, is enough for a person to be charged.

Bail Amounts

Every county in California has its own bail schedule that specifies a preset bail amount for burglary and other crimes. The state of California has virtually no say on the bail amount that a certain county settles on, so these bail amounts vary wildly. San Luis Obispo and San Diego counties both set a bail amount of $50,000 in their bail schedules for 1^st degree burglary, while a person is required to go to court before getting bail in Los Angeles County. Bail amounts can significantly differ between counties, so it is always a good idea for a person to contact a bail bond agency as soon as they can. Bail Hotline will know if burglary is listed on a particular county’s bail schedule and can usually have a person so charged out of jail within a few hours.

Penalties

Penalties for burglary convictions will vary as well, even though California has set forth the rules of incarceration. Second-degree burglary will be charged as a misdemeanor, which will bring less than one year in jail. First-degree burglary will bring a penalty of twenty-four to seventy-two months in prison, mostly at the discretion of the presiding judge.

California law states that probation should only be given in extreme circumstances, when the judge feels justice would better be served by doing so. Since this is not often the case, it is important for anyone accused of burglary to have an adequate legal defense for their best shot at escaping these harsh consequences.

Burglary is a serious crime with fairly dire consequences. Each county handles burglary charges in their own way, but it is the state of California that sets forth the overlying rules. Any person charged with a burglary should contact a Bail Hotline to have bail posted before seeing a judge. Judges can raise or lower bail schedule amounts, but the fact that bail bond agencies can only charge ten percent of a given bail amount makes it advisable to not wait around. Getting out of jail quickly and contacting a good lawyer are the best ways to fight a burglary charge.

 

The United States Constitution grants a person accused of non-capital crimes that they are entitled to bail, and that it will not be unreasonably excessive. However, this right is not a guarantee – there are a few circumstances that might exempt you from bail (such as risk of flight) and others which may temporarily prevent your release.

The Law

For California residents, Penal Code 1275.1 (PC 1275) which is a “bail hearing”, allows a judge to withhold bail even for minor offenses. This law specifically prevents defendants from being released if there is any suspicion that the bail funds may have been illegally obtained. It states that bail will not be accepted if a judge or magistrate believes that the funds were obtained through felonious methods.

In this case, a hold is placed on the inmate until funds that were not obtained through criminal methods are available for bail. A prosecutor or peace officer can file a declaration stating that they believe any money that will be used for bail was obtained through criminal means. A judge can also make the call himself without a declaration being filed, if he believes there is probable cause that a person would secure his or her own release with illegitimate funds.

Type of Crimes Affected

There are several crimes that may lead a judge, peace officer or prosecutor to request or invoke a PC 1275. Drug dealers can easily be affected by this penal code, due to the very nature of their crime. If an officer of the court has probable cause to believe that selling drugs is that person’s main source of income, then they will also assume that the money used for bail could have been illegally obtained. Other charges apt to invoke a PC 1275 hold are robbery, embezzlement or fraud.

Lifting the Hold

A PC 1275, or Bail Hearing, is not necessarily permanent nor is it irreversible. The accused can have the hold lifted by proving that the funds they are using for their release were obtained through legal and traceable means. This may be as easy as providing a pay stub from a legitimate job. Often, however, the process of lifting a PC 1275 is an arduous one that may be difficult for the accused to prove.

Bail bond agents can assist with all of the necessary paperwork needed to lift the hold and allow the defendant’s release. These documents can include signer backgrounds, bank account information and verification of traceable funds. Since most people will have to talk to a bail bond agent to secure release anyway, it is prudent to inform the bail agency of the potentiality of this kind of hold immediately, so they can get to work on having it lifted.

PC 1275 can cause an undue hardship on anyone who is charged with certain crimes; without release, the accused may miss work or even lose their job altogether. Unfortunately, the law allows judges to hold an accused person for crimes that would otherwise bring a quick bail amount and release. It is important for a defendant to know their rights under this penal code, and it’s always best to secure the help of a professional bond agency and a defense attorney if necessary.