Found Out the Penalties of a DUI Conviction in California.
In the state of California, if you are arrested for a DUI, the penalties you will receive for a DUI conviction will depend on several factors: how many prior DUI’s, who the offender is, as well as evidence. While the actual penalties are set by California law, those factors can play a part in what type of penalty you or someone you love will receive. Below are penalties of DUI conviction in the state of California.
If it’s your first conviction, it will be considered a misdemeanor. Your fine will be between $390 to $1,000. In terms of jail time, the judge can sentence someone for 48 hours or up to six months in jail. However, if someone is granted probation, they don’t have to serve jail time. First offenders will receive a six-month suspension on their driver’s license and they will have three years of probation.
Like the first DUI conviction, people who have a second DUI will be charged with a misdemeanor. The fines are about the same as first-time offenders, but you can face up to 96 hours or 1 year in jail for a second offense. Also, the offender will have their driver’s licensed suspended for two years and they will have three years of probation.
The fines for the third conviction are the same as the first and second conviction. The jail time is higher, with it being 120 days to 1 year in jail. If this is your third conviction and you have already had your license suspended with your second conviction, the suspension will be concurrent. In terms of probation, offenders face three to five years.
California has had medical cannabis available ever since becoming the first state to legalize medical cannabis with the passage of the Compassionate Use Act of 1996 . Beginning January 1, 2018 California will allow the sale and use of recreational marijuana. With the application of Proposition 64, new laws will mean big changes. Here is what you need to know about what is and isn’t allowed for recreational use.
Q: What changes when it comes to cannabis in California?
Starting January 2018 California Has Legalized Recreational Cannabis For Personal Use
A: California is now the 6th state to allow the sale of cannabis to anyone over the age of 21 with an ID. This means it is no longer required to have a doctor’s prescription to obtain marijuana in a licensed shop.
Q: So, can I smoke a joint in public now?
A: Short answer, No you cannot. California law says that no one can consume or partake of marijuana in public venues. That means no smoking in parks, bars, the street, etc. If you are caught smoking in public you may face a fine up to 250$
Q: Where will I be able to buy marijuana ? Will dispensaries become available to anyone?
A: Medical dispensaries will require a separate license to sell recreational marijuana in addition to medical cannabis. This means that many dispensaries will still only be licensed to sell cannabis to you if you have a doctor’s prescription. Check the Californian’s map of legal recreational marijuana shops, to find a licensed dispensary in your area.
Q: What do I need to have in order to purchase marijuana?
A: Be 21 or older, and posses a valid ID. You will be allowed to buy up to an ounce (28 grams) from a licensed retailer. Out-of-state licenses are also accepted.
Q: Can I posses marijuana while I am driving?
A: You may posses marijuana in the car with you. However, you cannot smoke or ingest marijuana while you are driving. The rules are similar to that of alcohol. You cannot posses an open container, which means you must leave anything you bought at the store in its sealed package or container. Obviously, with this being said you also can not be under the influence of marijuana while you are driving.
Q: What about if I want to grow cannabis in my home?
A: As long as your plants are kept out of public view, any Californian 21 and older may cultivate up to 6 cannabis plants per household.
Q: Can jobs still test for marijuana now that it’s legal?
A: Yes, they can. Employers can test current or potential workers for marijuana and may choose to fire anyone who tests positive. Some federal and transportation employers, are required to test for marijuana.
Q: Wait I thought weed was still illegal on a federal level?
A: Yes that is true, however an amendment to the federal budget restricts using federal resources to go after businesses or individuals that are in compliance with their state’s cannabis programs.
Q: What do I do if I an arrested for cannabis?
A: If you or a loved one has been arrested for cannabis in , [nw_data field=sta, you may need a bail bond and we would like to help you. Contact Alvarado Bail Bonds at __PHONE__ to speak with one of our experienced bondsman for more information.
What You Need To Know About Cannabis Laws In California was last modified: April 27th, 2018 by Alvarado Bail Bonds
People get pulled over all the time, usually for speeding or running a stop sign, but these stories are a little different. Here are a few times that people have been arrested things very odd reasons.
In Texas in 1997, a woman named Gail Atwater was pulled over. When the police officer noticed that Atwater’s’ two children were not wearing seatbelts, he decided to give her a different kind of punishment. He ended up arresting her, and sending her behind bars, where she stayed for 1 hour before making bail. In the end she pled no contest and ended up paying a $50 fine.
A man by the name of Wesley Force was arrested in North Carolina after he said the “F word” in public. He was put in jail but ended up being released. He went back to court a month later where the judge sentenced him to 10 days in jail. He was allowed to do his time in his home, wearing an ankle monitor instead.
In South Carolina, a man named Pastor (yes you read that right) Johnnie Clark, had had multiple complaints that his warship music during services was too loud. Apparently, the police had come out to his church over 50 times before for these complaints. After so many times of coming out, the police had had enough and arrested Clark for unlawful sound amplification. He was found guilty and sentenced to two weeks in jail.
If you find yourself in a strange arrest situation or any kind of arrest, call Alvarado Bail Bonds at 888-866-8376 and let us help you get out of jail, fast.
Strange Arrest Stories was last modified: March 26th, 2018 by Alvarado Bail Bonds
Drinking and driving is extremely dangerous and illegal. There are so many things that can go wrong and likely will. It doesn’t matter how many times you have done it before, every time you get onto the road while intoxicated, you are risking your life as well as the lives of others. There are many facts about drinking and driving or driving under the influence that many people don’t know about, here they are.
Over 40% of all 10th grade students are already drinking alcohol according to madd. That means that 15 year olds are walking and possibly driving around with alcohol in their system. Always be careful on the roads.
There are more than 300,000 a day, there are people drunk driving and only around 3,000 of them get arrested.
Every single day there are 800 people that have become injured in a drunk driving accident. With those kinds of numbers, it is scary to even get onto the road.
Remember, that if you drink and drive and get pulled over, you will get a DUI and you will go to jail. Driving under the influence is irresponsible and can get you or someone else killed. If you do find yourself in this situation and need a bail bondsman, call Alvarado Bail Bonds at __PHONE__ right away.
Facts about Drinking and Driving was last modified: February 23rd, 2018 by Alvarado Bail Bonds
Skipping out on bail could have serious consequences.
Bail bonds help ensure that the defendant shows up to their court date. Often times, loved ones of the defendants post a lot of money to get them out. However, not all defendants show up to their court date.
What happens to someone who skips bail?
Lose Money – Whoever posted bail for the charge could be losing the bond money. A bail bond works as a sort of collateral that guarantees that the defendant will appear for their court date. If the defendant doesn’t show up to their court date, the family member or loved one who posted bail may lose out on that collateral money they gave.
Bondsman Looks For Them – If the defendant doesn’t show up to court, the court will often notify the the bail bonds man and sets a time period for the defendant to be returned to the court in order to not forfeit the bond money. During this time, a bail bonds office might issue a bounty hunter if the size of bond is significant and the state allows it.
Face Other Charges – The court will generally issue an arrest warrant for a defendant who skipped out on bail. The defendant could be looking at brand new charges for not appearing in court. Skipping out on bail could be its own offense. Even if the person is found innocent in court, they still may have to face the consequences for the charge of jumping bail.
If you or a loved one have recently been arrested, you may need bail bond services. Alvarado Bail Bonds has helped so many stay out of jail in , . We’d like to help you too. Just give us a call at (888) 866-8376.
What Happens When A Defendant Skips Bail? was last modified: January 22nd, 2018 by Alvarado Bail Bonds
A No-Bail Hold Prevents a Defendant From Posting Bail Until They See a Judge.
Generally, when a person gets arrested, they are given the opportunity to post bail. This allows them to stay out of jail while they wait for their trial to commence. There are certain situations when the court system will place a no-bail hold, which prevents the defendant from posting bail. This usually happens because the person arrested is on probation, or because they have committed a capital offense. If you need to lift a no-bail hold in California, Alvarado Bail Bonds is here to help.
Lifting a 1275 No-Bail Hold
In the state of California, section 1275 of the Penal Code states that the option to post bail can be withheld if there is a reasonable suspicion that the money used to pay bail was acquired illegally. These types of holds are placed on defendants arrested for crimes related to drugs, embezzlement, theft or extortion. In order to lift a 1275 no-bail hold, the defendant must go before the judge. This special hearing is designed to give the accused a chance to prove the validity of their income and show that they can post bail with money acquired legally.
Sometimes a PC 1275 hearing is part of the arraignment, but the accused has the option to ask for a special hearing. The defendant’s lawyer and bail bondsmen should be present for this hearing. The only other people allowed in this hearing are those connected with validating the source of the bail money.
If you need someone to represent your interests and post bail for your once the PC 1275 no bail hold has been lifted, contact our office at (888) 866-8376. Let us represent you or a loved one in a 1275 no-bail hold hearing.
What is a PC 1275 No-Bail Hold? was last modified: December 20th, 2017 by Alvarado Bail Bonds
If you’ve been arrested, you are always brought before a judge for a bail hearing. You may have heard in some cases that judges refuse the opportunity for bail. This is true in some cases, though not a common occurrence. Generally speaking, you can expect the judge to set a fair bail amount, however, there are certain circumstances that can render and individual ineligible for bail. Today we will discuss a few of the most common reasons bail can be withheld.
Past Criminal History
Depending on the previous crimes the defendant has been convicted for, a judge may withhold bail. It is more likely, however, that the judge will simply make the price of bail much higher.
History Of Skipping Out On Bail
If you’ve skipped out on bail before, you are less likely to be given the opportunity for bail in the future. This is because you will be considered a flight risk.
The judge considers anyone who may try to leave town before their court date, a flight risk. A variety of factors can lead the judge to believe you’re a flight risk, from missing previous court dates, to being from out of town, or being belligerent at your bail hearing.
The most common cause of bail withholding, is when the judge believes that the defendant is a danger to society. For allegations concerning murder or particularly violent crimes, it is likely that bail will be withheld.
Oftentimes, people have the same few questions about the hows, whens, and whys of a bail bond. When posting a bond for the first time, you can feel uneasy and unsure. But don’t worry. The process is fairly simple, and typically, your bondsman is there to help.
Why Did My Bondsman Charge a Fee?
In order for a bond company to provide bonding services, they must charge a fee just like any other business. Bail bond companies are privately owned enterprises and are not government funded. Therefore they operate like a standard business and have for their services.
How Long Does My Bond Last?
Your bond lasts until your repay your bondsman the entire amount owed. When your bondsman got you released, they paid they bond set for you in the faith that you will pay it back. Once you pay back the entirety of your bond, you are no longer liable to the bondsman.
Are There Any Specific Rules to Follow?
With your bond, your bondsman will most likely require that you come in weekly or biweekly to pay on your bond and to check in. This simply means to come in and let your bondsman know that you’re still around. You will also typically be required to call your bondsman and get approval for leaving the county or state. Read your bail bond contract carefully, and follow the rules that are laid out.
Bonding out of jail is a scary process. There are many questions circling your head and many thoughts on getting yourself back together. When you have questions, call the trusted bonding professionals at Alvarado Bail Bonds at (888) 866-8376. We’re here to help you make this experience as painless as possible.
Bail Bond 101 was last modified: October 13th, 2017 by Alvarado Bail Bonds
When a defendant is in front of a judge awaiting bail, the judge has a few things to consider. Will this defendant break the law or skip town while on bail? Are they a risk to others? These types of decisions can be difficult to make, so the judge is forced to consider whatever information can be gleaned about the defendant, such as age, standing in the community, and other similar factors. Of course, the judge will also consider any past allegations or convictions. Unfortunately, many people see this as a difficult area to be impartial in, which is why the bail algorithms have been introduced in some areas.
What Is A Bail Algorithm?
A bail algorithm is made up of formulas that utilize statistics in order to asses risk levels in defendants. Using specific information about the defendant, such as age, criminal history, and things of that nature, the algorithm compares the risk level to individuals with similar attributes. After sifting through the available information, the program produces a score that the judge can then use to determine the amount of bail to be set. However, a judge can also disregard the algorithm, if he or she feels so inclined.
While there is still much work to be done in the fine tuning of these algorithms, they are an interesting look into the future of arbitrary judgement. If you find yourself in need of bail in Santa Ana, CA, give our team a call today at (888) 866-8376 to learn more.We’re here to help!
Algorithms Used To Set Bail was last modified: September 12th, 2017 by Alvarado Bail Bonds
If you have received a DUI in Southern California, Alvarado Bail Bonds is here to help. Still, we highly recommend avoiding this predicament in the future. If you were not aware, DUIs can actually be avoided with some fundamental principles. Below are 4 ways to avoid a DUI in Southern California:
Alcohol can cause drivers to take more chances and feel invincible on the roads. While you may not be drunk to the point of swerving in and out of lanes, reckless driving is what will alert police officers to your vehicle. Follow standard driving procedure, abide by the speed limit, and drive defensively. If you are right on the line of the legal limit, driving smart can prevent you from ever getting stopped.
Monitor Your Drinks
It seems simple, but the easiest way to get a DUI is to lose track of your alcohol consumption. Remember, you might “feel” well enough to drive, but the only way to ensure that you aren’t stopped and charged, is to keep track of your drinks. The legal limit for California residents who are 21 and older is 0.08. If you operate a commercial vehicle, that number goes down to 0.04.
Maintain Your Vehicle
In some cases, DUI arrests stem from unrelated traffic violations. For example, a broken tail light can get you pulled over by police officers, if they determine you to be intoxicated at that point, they can charge you with a DUI. For this reason, it is important to keep your vehicle well serviced, to avoid any unrelated violations. Call (888) 866-8376 for DUI bail bonds in Santa Ana, CA.
3 Ways to Avoid a DUI was last modified: August 7th, 2017 by Alvarado Bail Bonds