Archive for the ‘Arrested Orange County’ Category

Die Bill, Die!

Sunday, September 10th, 2017

Die Bill, Die! No silly, I’m not proposing to murder someone named William. I’m referring to California Senate Bill 10, affectionately known as SB10, which is attempting to eliminate bail and bondsman as an industry throughout the state.

Last we checked it was sent to Appropriations for further study. As of September 6, 2017, several amendments to the original bill were added and it was sent back to Appropriations. Sheesh, can’t they just let this thing die?

We’ve talked about this in past blog posts here. You only have to look at New Jersey’s current state of affairs regarding repeat criminal offenders to see the results of eliminating bail.
A New Jersey Assemblyman Bob Andrzejczak wrote an impassion letter to the members of the California assembly public safety Committee before their hearing on July 11, 2017 on SB10. It was sent to every member, describing the failure of the elimination of bail in his state. Senator Robert Hertzberg, one of the authors of SB10 advised the members of the committee to ignore the letter and that New Jersey was actually saving money under the bail elimination process (talk about fake news!).

New Jersey Judge Glenn Grant was quoted as saying “[the new system]does not eliminate the risk that
defendants will fail to appear in court or commit new crimes while out on release.

One of the supposed reasons for the bill is that bail bonds as they exist in their current form are discriminatory toward minorities. Let’s listen to the words of Rev. Jesse Lee Petersen, an African American who testified in front of the Assembly Public Safety Commission regarding the consequences of passing SB10:

“In the Assembly Public Safety Committee, the authors of Senate Bill 10 – State Senator Bob Hertzberg (D-Van Nuys) and Rob Bonta (D-Oakland) – spoke about the need to eliminate a paid bail system. While I couldn’t believe what was coming out of their mouths, I was even more disturbed by what wasn’t said.
In the “People’s House,” Hertzberg and Bonta described the arrested, charged, bailed and those sitting in jail as the victims of our society, and the rest of us law-abiding citizens as the oppressors. In their version of the world, the authors infer that the police, prosecutors and judges are intentionally limiting the freedoms of our poor minority communities. Given this faulty premise, they hold up SB 10 as some sort of heaven-sent solution, which in reality will automatically release the vast majority of those arrested for crimes back into our communities.
In “my house” we don’t have gated communities. Our windows have bars on them – not for decoration, but protection. In “my house,” crime is rampant. It is a place where people are afraid to report crimes, even when they know the perpetrator, because of the reprisal from the local gangs. In “my house,” it is a struggle just to survive.
In “my house” there are over 450 active gangs, with a combined membership of 45,000 individuals. In “my house” there are 900 rapes, 40,000 thefts, 8,200 burglaries, and 140 yearly homicide cases. “
Rev. Petersen lives in Los Angeles, but the numbers ( more about skewed/inflated numbers in a bit) are the same for many counties and cities throughout California: since the passage of Prop. 47, crime is on the rise. ” (something else we’ve talked about here) As he further points out:
“It was very clear to me that the chair and members of the committee have lost touch with the gritty reality of our communities. You can’t just read a book, article, or statistics and understand what is happening on the streets of our black and Hispanic neighborhoods. You need to live it and be around it to know the struggles are real.
Missing from Hertzberg and Bonta’s speeches were the voices of the rape victims, the burglarized, the bullied and the intimidated. They ignore the concerns of the good and decent Hispanics and black folk trying to stay safe in high-crime neighborhoods. The people being released from jail won’t be going back into Hertzberg and Bonta’s neighborhoods, they will be returning to “my house.”

SB 10 was approved by the committee, because in the “People’s House,” our jails are filled with poor people who are only victims. Yet in “my house,” the communities are filled with people who commit crimes, who then get out of incarceration and then threaten the already frayed fabric of our inner cities.

SB 10 may make our detached legislators feel good. But rather than addressing true racial inequalities, including the disproportionate criminal victimization of innocent people, this misguided and simplistic measure only perpetuates hopelessness and the deterioration of minority neighborhoods in urban California.”

A study was conducted In 2012 by the ACLU for L.A County’s jail system. (The numbers in 2017 are vastly different). The study showed 87% of the Pre-Trial Arrestees in custody were due to “non-financial holds.” Only 13% are in custody because they cannot afford their bail. L.A. County Sheriff’s Custody Report released in 2016 shows less than 5% are in jail for misdemeanor low level crimes and remain in custody possibly due to inability to purchase a bail bond. As we’ve stated here on our website and in previous blog posts, Orange County Bail Bonds is always willing to work with our clients to offer the best rates available and financing if necessary where appropriate.

New Jersey’s new system determines risk assessment by a computer driven algorithm (wow, really?) which has allowed those committing serious felonies to be released into the community to commit new crimes with no guarantee that they will even show up for their court appearances.

Below is a list of names and phone numbers of committee members. If your public safety is a concern for yourself and your families, we encourage you to call and make your concerns known. They may not want to acknowledge it, but they are your public servants, elected to represent your best interests.
ASSEMBLY APPROPRIATIONS COMMITTEE MEMBERS
Lorena Gonzalez Fletcher (Chair) (916) 319-2080
Frank Bigelow (916) 319-2005
Richard Bloom (916) 319-2050
Raul Bocanegra (916) 319-2039
Rob Bonta (916) 319-2018
William P. Brough (916) 319-2073
Ian C. Calderon (916) 319-2057
Ed Chau (916) 319-2049
Susan Talamantes Eggman (916) 319-2013
Vince Fong (916) 319-2034
Laura Friedman (916) 319-2043
James Gallagher (916) 319-2003
Eduardo Garcia (916) 319-2056
Adam C. Gray (916) 319-2021
Al Muratsuchi (916) 319-2066
Jay Obernolte (916) 319-2033
Eloise Gomez Reyes (916) 319-2047

Posted in Arrested Orange County, Bail Bonds Crime, Bail Bonds News, California Bail Bonds, Financing, Orange County, Pre-Trial Release | No Comments »

Criminal Sexual Conduct Charges and the Law

Monday, December 28th, 2015

We frequently hear in the news that a certain politician, entertainer or business executive is being accused or charged with some type of sexual impropriety, misconduct or sex crime.  What are the consequences of being charged with a sex crime and what can you do?   Being charged with a Criminal Sexual Conduct (CSC) crime or lawsuit can result in serious consequences and legal penalties. The penalties are even more extreme if minors are involved.  The defendant can face life imprisonment and even the burden of being registered as a sex offender.

Sex crimes can range from rape and pedophilia to viewing pornography and solicitation or patronizing of prostitution.  The results of CSC cases are greatly affected by factors such as false allegations, lack of proper legal representation and witness manipulation. You will need an experienced sexual crimes attorney to understand the truth behind those allegations and prevent the sexual charges from affecting your life. An experienced lawyer will analyze the physical evidence and cross examine key witnesses in order to help you fight a CSC case.

Some sex crime charges are prosecuted by Federal Courts while others are considered cases for the state or municipal courts. A criminal sexual conduct-first degree involves a sexual assault that includes some form of penetration. This is a very serious capital offense. If convicted for a first degree criminal sexual conduct, the judge may sentence the defendant to life imprisonment or give a sentence that lasts for decades. First degree CSC cases usually involve minors (under the age of 13) or when the accused is a close relative, teacher or someone with a position of authority over the victim.

If an adult is above 17 years old when convicted of CSC 1, and the victim is under 13 years of age at the time of the alleged conduct, he/she faces a minimum of 25 years in prison. If convicted of a CSC 1, you will have to meet electronic monitoring requirements and regularly register as a sex offender in your state for the rest of your life.

If charged with a CSC 2- second degree criminal sexual conduct, a defendant faces up to 15 years in prison. For one to be convicted of CSC-2, the prosecutor needs to show evidence of sexual contact. If this sexual conduct was achieved by force, threat or coercion, then it further qualifies to be a CSC 2. Other than a prison sentence, there are more serious ramifications when found guilty of second degree criminal sexual conduct. If the victim is under 13 and you are over 17, if convicted you will have to wear electronic monitoring devices for the rest of your life.

You can only be convicted of third degree criminal sexual conduct if there is some kind of penetration. A CSC 3 charge can sentence you to up to 15 years in prison. Other than facing prison sentence, a CSC 3 charge also comes with electronic monitoring requirements. The CSC 4 conviction will attract up to 2 years in prison. Like the CSC 2. The CSC 4 doesn’t require any form of penetration.

The defense of criminal sexual conduct charges by an attorney will always vary by the circumstances and nature of the case.  This is one crime where the accuser if of legal age must be able to prove that defendant is guilty of inappropriate sexual conduct, such as in the case of date rape or sexual harassment charges where non-consensual sexual contact is alleged.  If you are facing these sorts of allegations, you are well advised to contact an attorney who specializes in this area of criminal law.

If charged with a sex crime, first and foremost, find an experienced bail bondsman in your area that will have the ability to post bail for your release.  Bail for sex crimes will vary by legal jurisdiction. However it is a lot easier to work with your attorney on your defense if you are out of jail versus locked up behind bars. Orange County Bail Bonds has been serving all of Orange County and Southern California for over 50 years. For more info see www.bailall.com

Posted in Arrested Orange County, Bail Bonds Crime | No Comments »

Getting Arrested Can Happen to Anyone So Be Prepared

Monday, January 14th, 2013

Getting arrested is typically something most people don’t plan on happening.   However if it does happen to you, there are some things to keep in mind that may help you deal with the situation.

First off resisting arrest regardless of cause or reason for the arrest may lead to more serious charges and less likely the officer will provide further information on the reasons for the arrest.  Try to remain calm and listen to the officers instructions while trying to gather as much information from the officer as to the reason and cause for the arrest.  Perhaps the only legitimate reason to resist an arrest is if the person making the arrest does not appear to be a police officer providing proper identification which leads you to suspect the person is impersonating an officer.  Make sure to get the name and badge number of the officer making the arrest for that reason.

If ultimately the reasons for your arrest are not justified as determined by a judge or court of law, the actions and information provided by the officer at the time of the arrest may be the basis upon which you can file charges against the officer and/ or police department for false or unlawful arrest.  This happens more often in the case of an arrest by a private security guard where there is insufficient evidence or just cause to physically detain someone, such as in the case of shoplifting.

You have the right to remain silent if you are arrested because what you say can be used against you in a court of law. You have the right to have an attorney present if the officer decides to ask you any questions or conduct an investigation.  The only person you should talk to or give information to is a lawyer. At that time the lawyer will look over information and protect you in any way needed as well as help get you released from custody. Make sure that you have a lawyer in mind that you can contact in case this happens to you or a loved one.

After you are arrested they will get your finger prints and then book you. They will take your pictures and then put you in a holding cell. If you have done nothing wrong, they will release you within 24 hours depending on the situation. If they arrested you for a specific reason, you will be transported to the jail, and then the next business day you will see a judge. At this point you can be held in jail for a few months before a hearing and at that time is when you can post bail to be released until the court date.  Contact a Bail Bond agent to help you sort through the process and get out of jail.

 

Posted in Arrested Orange County, Legal Information | No Comments »

Orange County Bail Bonds Receives 2011 Best of Orange County Award

Monday, June 20th, 2011

For the third consecutive year, Orange County Bail Bonds located in Santa Ana, California has been selected for the 2011 Best of Orange County Award in the Bail Bonds category by the U.S. Commerce Association (USCA).

The USCA “Best of Local Business” Award Program recognizes outstanding local businesses throughout the country. Each year, the USCA identifies companies that they believe have achieved exceptional marketing success in their local community and business category. These are local companies that enhance the positive image of small business through service to their customers and community.

Nationwide, only 1 in 120 (less than 1%) 2011 Award recipients qualified as Three-Time Award Winners. Various sources of information were gathered and analyzed to choose the winners in each category. The 2011 USCA Award Program focuses on quality, not quantity. Winners are determined based on the information gathered both internally by the USCA and data provided by third parties.

U.S. Commerce Association (USCA) is a New York City based organization funded by local businesses operating in towns, large and small, across America. The purpose of USCA is to promote local business through public relations, marketing and advertising.

The USCA was established to recognize the best of local businesses in Orange County. USCA works exclusively with local business owners, trade groups, professional associations, chambers of commerce and other business advertising and marketing groups. Our mission is to be an advocate for small and medium size businesses and business entrepreneurs across America.

Posted in Arrested Orange County, Orange County, Santa Ana | No Comments »