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Money Laundering | California PC 186.9

 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.

San Bernardino County’s Bail Schedule

Any crime that ends in the arrest of a person is serious in one way or another. A few of these crimes require the state to hold a person in jail while awaiting trial in the interest of public safety, but the vast majority of crime does not fall into this category. San Bernardino County, just like every other county in California, has a way to weed through these differences in offenses. It would cost the county far too much to house every defendant for the two days it usually takes to stand before a judge for a bail hearing.

Each county has a bail schedule that allows most offenders to get out of jail before ever seeing a judge. The bail amounts for this offense can be very high, but all defendants can contact one of three San Bernardino County Bail Hotline locations to determine whether or not they are eligible to be released – and for how much less their bond can be achieved.

Definition of a Bail Schedule

Bail schedules are legal documents put forth by the Superior Court in each California county, that list almost every crime that could be committed and a corresponding preset bail amount. This means the accused can either pay the full amount or have a bail bond agency get them out for a fraction of that fee. Many people choose to wait for their bail hearing, either out of ignorance of the law or in hope that their bail amount will be lowered. It is true that judges have the option to reduce a specific bail amount, but this usually only happens after the accused has been in a county jail’s general population for a few days. Unfortunately, the courts can also increase these bail amounts once the defendant gets in front of a judge, so it is a gamble either way.

Crimes Listed on the Schedule

The list of crimes in San Bernardino County’s bail schedule is nearly exhaustive, and there are even instructions on bail amounts for crimes that aren’t included on the list. A crime that carries a maximum jail time of six months, for example, will require a $5,000 dollar bail. Other crimes carry stiffer penalties. Cultivating or processing peyote, for example, will require a $25,000 dollar bail amount. Doctors in the county can even face stiff penalties – any doctor who writes an unnecessary prescription for a controlled substance will face a bail amount of $25,000. Though these penalties seem stiff, they are not the worst that could happen.

There are charges that have bail amounts intentionally so steep that it is quite obvious the county is making every effort to keep the accused in jail. If a person were to kidnap another for the purpose of ransom they would face a bail amount of one million dollars. Using an explosive device with the intent to kill another also brings with it a one million dollar bail amount. Some crimes, on the other hand, are so intense that the county will not allow bail. Using force to escape from prison is unbailable, as is a murder with special circumstances – both require the accused to wait in jail until their trial.

San Bernardino County takes crime and the safety of its residents very seriously. The most dangerous offenders do not have the option to get out on bail, and even lesser offenses often carry bail amounts high enough to prevent dangerous felons from getting back out onto the street. Fortunately, the county recognizes that not all crimes reach this magnitude and most offenders are allowed to get out of jail before seeing a judge, which lets them return to job and family while the county saves money on their room and board in the meantime.

Click here to download a pdf of San Bernardino’s 2012 Bail Schedule.

Extortion California | California PC 518-527

 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.

Monterey County’s Bail Schedule

Every county in California makes an effort to keep dangerous criminals off of the street. On the other hand, available jail space is a definite issue. And so, there are times in which people accused of certain crimes are allowed to utilize preset bail amounts to secure their freedom while awaiting trial.

In these cases, the accused has the option to get bailed out of jail before ever seeing a judge. Monterey County’s bail schedule allows for this possibility, by providing defendants with presumptive bail amounts that they can post. A simple call to Bail Hotline’s Salinas location in Monterey County will quickly let you know if your charges qualify for a preset bail.

Bail Schedules

A bail schedule is a county’s list of crimes and the preset bail amount that applies to each of those crimes, set forth by their Superior Court. If you do wait for a hearing or arraignment, the judge does have the option to lower the bail amount that is required for your release.  Of course, if a bail agent posts your bond, the ten percent fee that is charged is always going to be lower than any bail the judge imposes.

Keep in mind that the court also has the option to raise a bail amount once the judge has considered any aggravating circumstances to your case. Monterey County’s bail schedule has a nearly exhaustive list of crimes, and most of these will list a bail amount that allows a person to await trial outside of jail.

Specific Crimes

Various listed crimes on a bail schedule carry very different bail amounts. Some offenses actually carry no bail amount, and they require the defendant to await trial inside of jail; such as treason, derailing a train and second-degree murder of a peace officer where there was an intent to kill. The majority of other crimes carry a specified bail amount. If a person carjacks another person, and doesn’t allow the victim to leave the car, it is considered kidnapping during a carjacking – and carries a one million dollar bail amount. Another stiff bail amount is given to those who conspire to commit any type of murder, a charge that will also bring a one million dollar bail.

Not all charges are penalized which such severity. For instance, transporting a BB gun into a local or state public building will require a bail amount of between $7,500-$15,000. The varied amounts are because the crime is considered a “wobbler” – one that can be charged as a felony or misdemeanor at the prosecutor’s discretion. Another example of a lesser bail required is committing a firearm offense with a stolen firearm. The bail amount for committing any offense of this type, with knowledge that the firearm used was stolen, will require a twenty-five thousand dollar bail.

Monterey County takes crime just as seriously as any other California county, but they understand that not every criminal needs to be housed and fed at their expense – when the accused is merely waiting for a judge to set their bail amount. The county ends up saving money because of the bail schedule – while at the same time, defendants are able to return to their jobs and families with the freedom to assist in preparing their defense.

Child Abandonment | California PC 270

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. 

Kern County’s Bail Schedule

Many people do not really comprehend how the justice system works in California. Failure to understand these rules can land people in jail when they shouldn’t necessarily be there. Many people don’t realize that it is perfectly legal in, when they are charged with most crimes, to be released from jail without ever seeing a judge for a bail hearing.

What are Bail Schedules?
Bail schedules are basically a long list of possible crimes that a person might commit within a jurisdiction. These schedules list the crime and the preset bail amount for each, and are set forth by the superior court of the specific county. Using these schedules, a person can secure their own release by paying the full preset bail amount or by contacting a bail bond agent.

All counties in California have their own specific bail schedule, which can be a shortcut to securing a defendant’s release. Once the bail amount has been determined, a bail agent can arrange a person’s release for a fee of only ten percent of the face amount of bail.

Advantages of Using Bail Schedules

Once a person is standing before a judge, the court can raise the “preset” bail amount, after considering prior convictions or aggravating circumstances to the case. Bail schedules keep the jails from overcrowding, and so are supported by law enforcement.  Also a proper defense argument will be difficult to construct while a person is held within the confines of a jail cell. Getting released as quickly as possible always goes a long way in helping a person prepare their defense. Returning home to one’s family and job is a stabilizing factor, both emotionally and financially.

Kern County Unbailable Offenses

The bail schedule in Kern County is different than many other schedules, in the fact that it lists several offenses that are unbailable. In fact, the schedule says that any felony offense, which is punishable by death or life imprisonment without parole, is not bailable. Most other counties only list one offense – murder with special circumstances – as unbailable.

Bailable Crimes

Not all crimes are treated as seriously as capital offenses when it comes to bail, but the high bail amounts for other crimes go a long way in showing that Kern County is tough on crime. If a person merely threatens the life of a judge or official, without any actual attempt to hurt them, the bail amount is $100,000. Kidnapping a victim under the age of fourteen brings a bail amount of $250,000.

Other crimes are not nearly as serious. A battery charge, for instance, requires only a seventy-five hundred dollar bail amount. Contributing to the delinquency of a minor brings even a smaller amount, requiring only a $2500 bail.

Bail schedules effectively allow a person to get out of jail more rapidly, and agencies like Bail Hotline make it possible for them to afford to do so. Though the bail schedule in Kern County may have been intended to save the county money from housing prisoners, it also provides a great benefit to those who have been arrested.  

Arson California | California PC 451

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.

Solano County’s Bail Schedule

As in virtually any other county in the state of California, Solano County has its own bail schedule, and this schedule is used to give a reference for bail amounts issued to individuals who are arrested and charged with certain crimes. The bail schedule for Solano County lists what an arrested individual may face when trying to be released from custody pending a trial. If you or a loved one has been arrested in Solano County, contact our Bail Hotline Fairfield office for immediate help.

 

Bail Amounts Increase with Multiple Charges

When you look over the bail schedule of Solano County, you will see the average amount of bail for certain crimes. The figures displayed do not necessarily represent what the actual amount of bail will be, especially when multiple charges are pending. It will give you a basic idea of all the various crimes and potential face amounts of bail that are stipulated for crimes allowing bail in this manner.  You bail agent will be familiar with all the possible variations as soon as you give them the facts of your arrest and the charges.
Circumstances Matter

Bail amounts can differ based on the circumstances of a criminal accusation and subsequent arrest. For instance, a person who kills another person with a vehicle may be charged with vehicular manslaughter, resulting in a bail amount averaging around $10,000.  However, if there was intent to use the vehicle to kill someone, the charge can then become vehicular homicide – for which there is no bail amount.   Other crimes with no bail amount include murder and capital murder. In these situations, neither a bail bonding agency nor any amount of money will get you released from jail while awaiting trial.

Correlation Between Jail Time and Bail

Some crimes carry a minimum sentence in California, and as such, you may be able to use the Solano County bail schedule to have a better idea of bail amounts based on the number of years in jail or prison the defendant is facing. For instance, someone looking at a potential of three years in prison may have their bail amount set at $15,000, while an individual who is facing a sentence of 16 years may be required to post up to $180,000 in order to be released from custody while awaiting their trial.

In most cases a bail agent will be able to work with you to post a bond on your behalf, allowing your freedom until a verdict is pronounced. Not only will you be able to return to your home, job and family, but also your release will give you the time and access to assist in building a proper defense.  Sitting in jail is never something you want to do if there is any choice, and with the many options available – from zero down financing to collateral loans – in most cases you are only one phone call away from securing your release.

Battery | California PC 243

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. 

Failure to Appear | California PC 853.7

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.

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