Archive for the ‘Bail Bonds Crime’ 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 »

George Zimmerman Bail Bonds Hearing This Friday

Tuesday, June 26th, 2012

Back in the early 90s, Rodney King plaintively asked “ can’t we all just get along?”   Rodney King who recently passed away, you’ll recall, was the black man beaten by white cops in Los Angeles whose acquittals  in the court system touched off devastating race riots in that city. Once again, it seems, our country is  polarized along sides of racial divide in the Trayvon Martin murder case. The shooter in the case, George  Zimmerman (portrayed variously as White, Hispanic, or White/Hispanic), used the court hearing for his bail on April 20, to  apologize to the family of his victim, which has set off even more controversy.

Bail was set in Orange County court at $150,000 after Mr. Zimmerman was formally charged with  second degree murder for the shooting death of Martin nearly two months ago. On opposing sides of  the controversy are racial profiling (Martin was Black) and the “Stand Your Ground” law that permits lethal force if there is  a threat of injury or death. The family of Trayvon Martin claim that Zimmerman staged his apology to  them as an attempt to influence his bail being set, as it  was almost two months after the shooting.

Supporters of Zimmerman claim that he was merely responding to the questions posed publicly by  Martin’s mother, Sybrina Fulton, ( “are you sorry? did you know he was unarmed? did you know how  young he was?”).    Publicly is where the case is already being tried, with opposing views being expressed and aired on  countless blogs, talk shows, and panels around the country. The judge in the case is not making a  statement regarding Zimmerman’s guilt or innocence; rather, by granting a bail bond, he’s expressing  his confidence that the defendant will show up for court, that he doesn’t pose a threat to the  community at large.

Mark O’Mara, Zimmerman’s lawyer,  filed a motion for this Friday’s bail hearing , when O’Mara will again try to secure his client’s release pending trial.  A trial date has not yet been set.   In a Motion to Set Reasonable Bond, O’Mara argues Florida’s state Constitution practically requires Zimmerman’s pretrial release.

Twenty years later, as another racially divisive incident has galvanized our country, the late Rodney King  summed up his feeling at a recent panel in Los Angeles: “and remember one thing- yes we all can get  along” .

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Japan’s Earthquake Doesn’t Need Bail Bondsmans

Wednesday, March 23rd, 2011

After Japan was hit with a severe magnitude 9 earthquake and tsunami, many of its people experienced a shortage of food and drinking water, but there is no panic or looting going on. In most places gas and water have been turned off along with electricity, yet there is no widespread panic or crime in the streets or shops.  This is in contrast to disasters in other parts of the world that often lead to a period of crime and looting that keep local bail bondsman busy until life returns to normal.

Granted, shops are operating somewhat differently. Customers must wait  outside the shops to purchase things to avoid people hoarding food and water, so that these basic necessities may be distributed evenly among people in need.

There are long lines, but no panic or looting. There are shops with every  window  broken, even the front doors, but nobody enters and nothing has been looted.

Contrast that with the riots and chaos in Port Au Prince after the Haitian Earthquake, or the panic in the streets of New Orleans after Katrina, where
looting and rioting kept the local bail bondsmen busy for a long while after wards.

A bail bondsman would probably starve in Japan, where the people have respect for the law instilled in them. Their collective national identity
places more importance on society as a whole than on individual freedoms.

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