Los Angeles Bail Bond Store & Bail Bond Storeman News & Articles

Published August 6, 2020

California’s Act to Save Lives

Nearly a year ago, California’s governor, Gavin Newsom, officially signed a bill into law that dealt with the police and the use of force while dealing with a suspected criminal. The goal was to create clear guidelines about when force was and wasn’t necessary.

The law is called the California Act to Save Lives or Assembly Bill 392.

Shortly after signing the bill into Law, Newsom issued a statement that explained why he’d decided to pass the law.“The bill goes to the heart of some of our most sacred principles, in which force should be exercised judiciously, with respect for human life and dignity.”

The Act to Save Lives primarily focuses on when officers should use deadly force when apprehending a suspect. Instead of being able to say that they felt that they had a reasonable belief that the suspect was a threat, the law requires that officers prove that they or a third party was in imminent danger before they’re allowed to use deadly force to subdue the suspect.

Several different fatal police-shooting cases, including that of Willie McCoy and Stephon Clark, triggered the Act to Save Lives.

The Act to Save Lives not only looks at the actual moment when the officer used deadly force but also takes a long look at the actions leading up to that moment. Everyone involved in the case will talk to witnesses and look at recorded footage to determine if the officer made an honest effort to use de-escalation tactics in an effort to diffuse the situation.

The Act to Save Lives is rather vague when it comes to punishment for officers when it’s determined that they didn’t take appropriate actions to prevent a fatality. Possible repercussions include everyone from criminal prosecution, getting fired from their job, and being sued in civil courtt by the victim’s family. It’s likely that the officer would probably experience all three things.

While many believe that the Act to Save Lives is a good first step to making police officers accountable for their actions, several civil rights organizations aren’t happy with the law. Many organizations feel that the law isn’t clear enough to really address the issue of whether police should use deadly force. Another sticking point many affirmative action groups have with the Act to Save Lives is that it doesn’t address the issue of racial profiling.

While many affirmative action groups feel the act doesn’t do enough, law enforcement groups worry that the act puts officers lives at risk.

Published August 6, 2020

Invasion of Privacy Laws in California

Everyone has the right to expect some privacy. No one wants to spend their time wondering if someone is peeking into windows, spying on them through their laptop’s webcam, or using electronic gadgets to listen to private phone calls. California’s lawmakers understand your desired to keep your private life private which is why they have created detailed invasion of privacy laws.

What is Invasion of Privacy

Most of us assume that invasion of privacy is something that happens whenever someone inserts themselves into some aspect of our lives that we would prefer they not be involved with. The problem is that proving you didn’t want a person involved in that portion of your life isn’t always easy so California’s lawmakers tried to create a list of actions that constitute an invasion of privacy.

Appropriation of Name or Likeness

If you’re image, name, or a caricature of you is used without your permission by a business as part of an advertising campaign, you’re a victim of appropriation of name or likeness. This is considered an invasion of privacy. The challenge most people have is proving that the business knowingly appropriated your image/likeness for economic gain. In this situation, proving your invasion of privacy case involves:

✦ Proving that your image/likeness was knowingly used
✦ That the business experienced financial gain from using your image/likeness
✦ That the business didn’t have your consent

False Light

Invasion of privacy cases involving false light have increased since the internet and social media became a routine part of life. Legally, false light is basically a smear campaign. Proving this type of invasion of privacy case means showing the court that the defendant deliberately set out to ruin your reputation by spreading damaging and misleading information about you. This can include talking to journalists, spreading damaging rumors on Facebook, calling employers/friends/co-workers, and telling them lies about you in a blatant attempt to hurt you. Most states require that you prove the defendant acted with deliberate malice.

Intrusion Upon Seclusion

Intrusion upon seclusion is what the average person thinks about when their thoughts turn to an invasion of privacy. This particular tort deals with issues such as the defendant tapping phone conversations without your permission, hiding hidden cameras in your home, or peeping through windows.

Public Disclosure of Private Facts

Public disclosure of private facts is something many people don’t realize is an invasion of privacy. Examples of public disclosure of private facts include things like:

✦ Revealing medical records
✦ Publicly discussing private sexual conduct
✦ Openly discussing private financial matters

While some public disclosure of private facts cases are cut and dry, others aren’t. If you’re accusing someone of this crime, you need to:

✦ You shared the information with the expectation that it would remain private
✦ The general public didn’t have a genuine need for the information

Penalties for Invasion of Privacy

Getting charged with invasion of privacy in California isn’t a laughing matter. You could be found guilty of a misdemeanor and face up to 6 months in county jail and have to pay a $1,000 fine.

Published August 3, 2020

The Various Legal Aspects of Owning and Carrying a Knife in California

Some states have incredibly strict laws when it comes to carrying knives. California isn’t one of them. The state actually has a surprisingly permissive attitude when it comes to both open carry and concealed knives.

The general rule of thumb is that yes, you’re free to carry a knife while you’re out and about. Things don’t start to get sticky until it comes to the number of knives you own.

California’s Laws Regarding Carrying Knives

It’s common knowledge that California states you can carry a knife either open or concealed. What is less well known is that there are some knives you can carry concealed and others that must be open carry. If you have a dirk or a dagger, you’re allowed to keep the knife on you, but you’ll have to make sure it’s visible. The same is true if you have a pocketknife or utility knife that’s blade is stuck in the open position.

The list of knives you’re allowed to carry either as open carry or concealed includes box cutters, pocket knives, and utility knife. Remember, in order to meet the requirement, the blade must be less than 2” and it can’t be stuck in an open position.

You’re never allowed to carry a misleading or undetectable knife while you’re in California. Misleading knives are knives that are designed to look like something else. Examples of this include knives concealed in a cane, a belt, or built into a lipstick tube. Undetectable knives are knives that are made out material that doesn’t set off metal detectors.

What Happens When you Break one of California’s Knife Laws

The broad nature of California’s knives laws means that few people are arrested for simply having a knife on them. The bulk of knife-related arrests in California stem from using a knife while committing a crime or for carrying a knife into a weapons-free zone. That being said, some people have been arrested for carrying exactly the type of knife California prohibits, such as getting caught with an undetectable knife.

If you’re caught doing something you’re not supposed to, such as carrying a concealed switchblade knife, you will be charged with a misdemeanor. In most cases, the defendant gets charged a fine and assigned community service, though you could face up to 3-years imprisonment.

Something to Keep in Mind

While you are allowed to carry a concealed knife in California, you do have to be mindful of where you are. Certain places are deemed “weapons-free zones.” Both open and concealed knife carrying is prohibited in these areas. Schools are a perfect example of weapons-free areas. The same is true for any building that’s owned/rented by the U.S. government and most state-owned/operated properties.

Published August 3, 2020

Found a Lost Pet? Here’s What you Have to Do

It happens all the time. A dog appears in your yard or you find a cat while your out on a walk. Even though the animal isn’t yours, you invite it into your home. At this point, you find yourself in the crossroads of an ethical decision. Do you keep the lost pet or do you make an effort to track down the owners?

Protocol for Finding Lost Pets

While you might think it’s up to you to decide if you want to keep the pet or find it’s owner, California lawmakers think differently. Many lawmakers are animal lovers who have gone through the agony of having a cherished pet disappear. In an effort to help lost pets reunite with their devastated owners, the lawmakers passed legislation that requires that you report the found animal within 48 hours of finding them.

You can report the lost animal to animal control, the local police, or a local vet clinic. This gives the owner a chance to contact the same organizations as they attempt to track down the missing pet. In most cases, as soon as you contact animal control or the vet clinic, you’ll find the owner has already reported the missing animal. At that point, the only thing left for you to do is arrange for the owner to pick up their missing pet.

Don’t be surprised if you’re told that you have to bring the pet in and have it scanned for a microchip.

What Happens if you Don’t Report a Found Pet

Not reporting that you’ve found a pet within 48 hours means you’re facing a misdemeanor charge. The good news is that if you have reported the found pet and no one claims them, you are free to keep the pet.

Tips for Reuniting Found Pets with their Owners

It’s is always in your best interest to reunite a found pet with its owner. This can be a problem if it doesn’t have a microchip. The good news is that you’re not out of options. In addition to contacting the local shelters, animal control, and vet clinics about the animal, you should also post it in local social media groups. These groups are often the first place devastated owners go when they’re trying to find their missing pet.

If you’re a pet owner, it’s in your best interest to get your pet microchipped. It drastically increases the chances of you enjoying a happy reunion if the worst happens and your pet somehow escapes

Published July 30, 2020

California’s Video Taping Laws

T
here was a time when no one worried about what would happen if they videotaped someone. Prior to cell phone cameras, it was nearly impossible for the average person to videotape someone without the person being taped knowing about it. Now that everyone has a video camera on their cell phone, many people have accidentally broken California’s laws regarding videotaping people without their consent.

Cell phone cameras made it possible to videotape people without that person’s consent. Social media makes it possible for us to share these tapes. The combination has created legal problems for many people.

According to the current laws, you are allowed to record a video of people without their consent, but only if you don’t pick up any bits of their conversation. The state doesn’t have a problem with you capturing their image, just their words. If you want to record the conversation, you’ll have to get their consent. This consent should be written so that if the person does decide to sue, you can prove your case.

The one exception to this is if you’re in a busy place, such as a coffee shop. If you’re recording something and accidentally pick up bits of a conversation, you aren’t breaking any laws. The idea is that the person involved in the conversation was in a public area and therefore shouldn’t have expected complete privacy. The trick is proving that you weren’t deliberately trying to capture the snippet of conversation.

You do not want to be accused of recording someone’s conversation in California. The state is very serious when it comes to punishing people who don’t first get consent. The issue is addressed in California Penal Code § 632(a).

The worse thing about taking an audio recording of someone without their consent is that you can’t use it as part of your defense. For example, if you recorded the person because you wanted to prove to your boss that they were bullying you, not only can you not use the recording, but you’ll also find yourself in the middle of a legal battle that you likely won’t win.

The penalty for violating the recording an audio recording of a conversation can include a year in jail and a $2,500.
It is important to note that using your camera to take a quick video of someone in a public setting is completely different than conducting video surveillance on them.

Published July 30, 2020

California’s Peeping Tom Laws

T
he problem with California’s “Peeping Tom” laws is that they aren’t written as clearly as they should be. There is a great deal of room for interpretation which makes the case difficult for both sides to prove.

Peeping Tom laws are covered in California Penal Code Section 647(i) PC. The code states that a peeping Tom is anyone who;

(i) Who, while loitering, prowling, or wandering upon the private property of another, at any time, peeks in the door or window of any inhabited building or structure, without visible or lawful business with the owner or occupant.

(j) (1) A person who looks through a hole or opening, into, or otherwise views, by means of any instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera, motion picture camera, camcorder, mobile phone, electronic device, or unmanned aircraft system, the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside. This subdivision does not apply to those areas of a private business used to count currency or other negotiable instruments.

(2) A person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another identifiable person under or through the clothing being worn by that other person, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, with the intent to arouse, appeal to, or gratify the lust, passions, or sexual desires of that person and invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy. For the purposes of this paragraph, “identifiable” means capable of identification, or capable of being recognized, meaning that someone, including the victim, could identify or recognize the victim. It does not require the victim’s identity to actually be established.

(3) (A) A person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another identifiable person who may be in a state of full or partial undress, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, in the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which that other person has a reasonable expectation of privacy, with the intent to invade the privacy of that other person. For the purposes of this paragraph, “identifiable” means capable of identification, or capable of being recognized, meaning that someone, including the victim, could identify or recognize the victim. It does not require the victim’s identity to actually be established.”

While the law is pretty clear when it comes to cameras and surveillance, things get murky when peeping without a camera is discussed.
The problem with the way the code is written is that if someone notices a bill collector, family member, friend hanging around their house, or the house of a neighbor, they can assume that the frequency the person stops in means they’re up to no good. On more than one occasion this has resulted in someone being arrested and charged as a Peeping Tom.

If you have to go to someone’s house with any frequency and are worried about someone considering the way you’re behaving to be in the same manner as a Peeping Tom, it is in your best interest to bring a friend. They’ll serve as your witness. You should also document your visits and be ready and able to explain why you’re on the property with such frequency.

Published July 27, 2020

Falling Asleep Behind the Wheel in California

We’ve all done it. Gotten behind the wheel and driven when we were tired. Most of the time rolling down the window, cranking up the radio, and indulging in a massive amount of caffeine is enough to get us safely where we need to be. The problem is that some people don’t make it to their destination. Some people fall asleep while they’re behind the wheel and find themselves in serious legal trouble.

The Dangers of Falling Asleep While Driving

People constantly warn us about driving while intoxicated. We know it’s dangerous and know that it’s a serious traffic offense. People rarely discuss the fact that driving while fatigued is equally dangerous. In most cases driving is monotonous. It’s so easy to let your eyes close for a second. That’s all it takes for us to fall asleep and get into a bad accident.

If you’ve ever driven while drowsy you’re not alone. The National Highway Traffic Safety Administration (NHTSA) reports that approximately 100,000 police-reported car accidents involved drowsy driving. It’s estimated that 72,000 of those accidents led to severe injuries and that 1,600 involved fatalities.

How California Handles Drowsy Driving Cases

Each time you get behind the wheel of your car, you’re entering into an unspoken, but legally binding contract with everyone that you’re fit for driving. Getting behind the wheel means that you plan on following all posted traffic laws, that you’ll stay alert, and that you’ll drive defensively. This means you won’t be distracted, you’re not intoxicated, and you’re not fatigued.

Failing to keep up your end of the agreement results in traffic tickets and possibly jail time.

If you’re caught driving while drowsy in California, at best, you’ll get a ticket for reckless driving. According to the state, you’re driving recklessly any time you, “drive any vehicle in a manner that exhibits willful or wanton disregard for the well-being of others on the roadway.” The state considers falling asleep and an example of willful or wanton disregard.

If you’re caught driving while drowsy, the best you can hope for is a traffic ticket that will cost you $145. That’s the best-case scenario. If you caused an accident, injured someone, created an intensely dangerous situation, or did a great deal of damage to someone else’s property, the consequences will be much more severe. The state has the option of sentencing you to 90 days in jail and charging you with a $1,000 fine.

Depending on your driving record, the driving while drowsy episode could result in you losing your license. If you injured or killed someone, you could face both manslaughter charges and a civil lawsuit.

The next time you think about driving while exhausted, you should reconsider and take a nap instead.

Published July 27, 2020

California’s Attitude Toward Vandalism

Vandalism is often an act of passion. Most of us are angry or hurt. We want to strike back at the person we believe treated us badly. We might choose to do this by smashing their mailbox, spray painting a crude message on the side of their house, or slashing their tires.

Normally, we feel better about the vandalism… until the police knock on our door.

The problem with vandalism is that the victim almost always has a pretty good idea of who was responsible. If they’ve recently argued with, broken up with, or aggravated someone they usually tell the police about the incident. The personal nature of the crime means that you’re likely to get caught.

What California Considers Vandalism

You might think that smashing someone’s mailbox is an act of just revenge. The state disagrees. They consider an act of property damage that was triggered by malicious intent to be vandalism. That includes:

✦ Keying someone’s car
✦ Smashing a window with a baseball bat
✦ Painting graffiti on a building
✦ Covering someone’s front door with bumper stickers
✦ Etc.

The issue of vandalism is addressed in California’s Penal Code 594. It defines a vandal as, “Every person who maliciously commits any of the following acts with respect to any real or personal property not his or her own, in cases other than those specified by state law, is guilty of vandalism: (1) defacing with graffiti or other inscribed material. (2) damaging (3) destroying.”

While you and your friends might think the vandalism is funny and appropriate, you shouldn’t count on the state having the same attitude.

How California Handles Vandalism

If you’re charged with vandalism in California, you want it to be a misdemeanor and not a felony. The maximum punishment for a misdemeanor vandalism charge in the state is 364 days in county jail and could include a $10,000 fine. In many cases, the judge opts for a smaller fine, restitution, and community service. For the vandalism to be considered a misdemeanor, you can’t have done more than $400 worth of property damage.

If your act of vandalism created more than $400 worth of damage, you’re facing felony charges. Not only will they have a negative impact on your ability to find a job, but you’re also facing a maximum sentence that includes 3 years in a California state prison and a $10,000 fine.

Considering the potential severity of a vandalism charge, the next time you’re angry with someone, you should simply sit tight until the urge to take out your frustration on their personal property fades.

Published July 23, 2020

The Legal Ramifications of Falsely Reporting a Crime in California

We’ve all been in a situation where someone has done something that deeply hurts us. When that happens, we can’t stop thinking about how we can get revenge. In most cases, the anger fades and you never take action against the other person.

There have been cases of people reporting a false crime in an attempt to get back at something. If this is something you’re considering doing, you should know that the State of California has legal protocols in place that are designed to discourage such malicious behavior.

What Happens When You Falsely Report a Crime in California

The police want to trust everyone that walks into a police station and reports a crime. If you decide to try to get your friend in trouble for… shoplifting. The police will take you seriously. They’ll launch an investigation and might even arrest your friend.

The problem is that there is often evidence that the person who has been falsely accused isn’t guilty. It’s at this point that the police will start looking at you. They’ll want to know how you could have witnessed a crime that either didn’t happen or that involved someone else. They’ll become particularly suspicious if they learn that you have a history with the person you accused of shoplifting.

To Falsely Report a Crime, Do you Have to File Charges

When the average person thinks about falsely reporting a crime, most people think to lie about the fact that someone they knew was involved in a crime. They usually think it’s a malicious act. That’s not always the case. One of the most common falsely reported crimes is someone reporting that something, like a vehicle, has been stolen in an attempt to get insurance money.

Most of the time, the truth comes out when the police start investigating.

The Punishment of Falsely Reporting a Crime in California

The issue of falsely reporting a crime is covered by penal code PC 148.5. When you read the law, you quickly learn that even if you don’t officially report the crime to a police officer but rather to a 911 operator you can still be found guilty of a falsely reporting a crime.

If you’re found guilty of falsely reporting a crime, you’ll be charged with a misdemeanor. The most severe punishment is a $1,000 fine and potentially having to spend six months in jail.

In addition to facing criminal charges, there is also a chance that you could find yourself in the middle of a civil lawsuit.

No matter how angry or desperate you get, you should always resist the impulse to falsely report a crime. The small twinge of satisfaction simply isn’t worthwhile.

Published July 23, 2020

What Exempts you from Wearing a Face Mask in California

Concern about the rising number of COVID-19 cases and a strong desire to avoid shutting down the economy prompted California’s governor to take the drastic measure of making face masks mandatory. In addition to wearing a face mask, you are also expected to keep a minimum of 6 feet between yourself and everyone else and to stay home whenever you aren’t feeling well.

How to Wear a Face Mask

It’s not enough to simply have your face mask in your pocket or to wear it under your chin. You’re supposed to cover both your mouth and your nose. Covering both significantly reduces the chances of you spreading the virus each time you speak or exhale.

In an attempt to make sure frontline healthcare workers have all the protective gear they need to stay safe as they care for patients who are fighting COVID-19, the state recommends that residents wear a cloth mask instead of a surgical mask. The mask should be constructed out of a fabric that has a tight weave and is designed so that it fastens behind the head or ears. The mask should fit snuggly over the face and not gape.

Who has to Wear a Face Mask

Everyone in California is supposed to wear a face mask, however, there are some medical issues that make it difficult to wear the mask. Individuals who are exempt from wearing a facemask include”

✽ People who panic when their face is covered
✽ Anyone with a severe respiratory condition that makes breathing difficult, such as asthma
✽ Children under the age of two
✽ Anyone who lacks the mobility or dexterity to remove the mask by themselves

Most of the people who are exempt from wearing a face mask in California are also in the high-risk category for COVID-19. Instead of going into a store without a mask, it would be a good idea for individuals who are exempt from wearing a mask to take advantage of curb side and delivery services.

Can you be Denied Service if you Don’t Wear a Mask in California

One of the biggest questions people have about masks is if businesses are really allowed to deny service to customers who aren’t wearing a mask. The answer is yes. There is one catch. Stores don’t have the right to determine the type of mask customers can wear. They’re only allowed to deny service if a person is without a mask that covers both their mouth and nose.

It’s likely that the face mask requirement will remain in place for some time to come.