Thursday, December 1, 2016

How to Bail Someone out of Jail in California 909.913.3138 Criminal Defense Attorneys

How to Bail Someone Out of Jail in California (Also visit Bailing Out of Jail)
A person who has been arrested and charged with a crime may be required to post bail before being released from jail or custody. The process of posting bail is also known as posting bond.
Note: In some cases, the sheriff's department releases the defendant from jail without having the defendant post bond only to have bail ordered by a judge at a later court date. These are known as PC 825 release cases. See bottom right of this page for information on PC 825 release.
bond is insurance that guarantees the defendant will appear in court. If the defendant fails to appear in court, the bond money is forfeited (more on forfeiture below).
Anyone can post bond for another person. There are two ways to post bail or bond. The most common way to post bail is to use a bail bond company; the second way is to stake the entire amount of the bail with the court.
Most people use a bail bond company because bail companies can secure a defendant's release from custody for a small fraction of the actual bail amount required.
When using a bail bond company the bondsman does all the work for the defendant but the bond company keeps a percentage of the bail amount as a fee; this percentage fee is also called the premium. The premium for bail bond companies is usually between five and ten percent (5-10%).
Note: Most bond companies offer discounts to defendants who have retained a private criminal defense attorney.
The good thing about bail bond companies is that the defendant does not have to come up with the entire bail amount. The defendant only needs to come up with the premium, with the balance of the bond being secured by promises or property.
In many cases, the bail bond agency will take payments towards the premium. Also, bail bond companies can accept credit cards or other forms of payment, whereas staking money with the court requires cash, cashier's check or money order.
The drawback to using a bail bond agency is that even if the defendant is found not guilty, or the criminal case is dismissed, the bail bond company keeps the premium.
For example: If the defendant's bail is $100,000, the defendant might find a bail bond agency willing to accept a five percent premium ($5,000). Furthermore, some bail bond companies will take as little as $1,000 down towards that five thousand dollar premium. Thus, in some cases, for $1,000 dollars the defendant can be released on a $100,000 bond. Of course, several factors will need to come together for this to occur, such as having a criminal defense attorney already retained and using the right bail bond agency.
The benefits of staking the entire amount of the bail with the court is that the defendant may be entitled to a return of the entire amount staked if he or she does everything the court orders him or her to do, namely appear in court at every hearing. The drawback to staking the entire bail amount with the court is obvious: you need a lot of money.
Most crimes are bondable offenses, except crimes for which the death penalty may be sought, I.C.E. hold immigration cases, and cases where the defendant has an active warrant or is otherwise in violation of probation.
Note: Immigration cases may require a separate federal bail bond. The Department of Immigration & Customs Enforcement (ICE) is a division of the Department of Homeland Security. ICE agents can hold a non-U.S. citizen in local jail even if the defendant has otherwise secured a bail bond. The ICE hold is lifted for inmates only after they obtain a separate immigration bail bond. Thus, sometimes, immigrants accused of crimes who intend to bail out of custody before their court date must secure bail...twice.   
The amount of a bail bond that is required is first set by the arresting officer. The bail amount is predetermined by an established bail schedule.
For example, in San Bernardino County, the established bail amount for the crime of criminal threats [PC 422] is $50,000; for prostitution [PC 647(b)] is $5,000, and so on. Possible Enhancements to a criminal charge do not affect the bail schedule setting by the arresting officer. However, later, at court, the District Attorney may request an increase in bail based on an enhancement to a criminal charge. To learn how a crime might be enhanced, please contact the criminal defense attorneys at Dorado & Dorado at 909.913.3138.
The bail process takes a few hours at a minimum. Once the defendant's friend or family has hired a bail bond company the bondsman will deliver the bond to the jail. If the defendant has not yet been booked into the jail he or she will be separated from other inmates and then held separately until the bail bond process is completed. Booking the prisoner is the process of collecting statistical data about the inmate and assessing his or her risk level.
Note: If a defendant bails out of jail before his or her first court appearance (arraignment), the defendant's right to a speedy arraignment is waived and the defendant's original arraignment date is usually changed. The new court date is usually listed in the defendant's bail bond paperwork.
Modifying the Bail Amount:
As stated, the arresting officer sets the bail amount according to the county's bail schedule. Sometimes this amount changes before the defendant gets to court because the district attorney added or subtracted criminal charges or enhancements. Therefore, despite the fact that the arresting officer initially set the bail amount, the correct bail amount will be ordered by the judge at the defendant's arraignment.
If the defendant has already bailed out of jail on the amount set by the arresting officer and the DA adds criminal changes or enhancements, the defendant may need to post additional bail to remain free on bond.
Note: In cases where the defendant's bail is increased after the defendant has already bailed out of jail, the judge might allow the defendant to remain free on bail bond in the amount already paid so as to avoid economic waste. This argument, along with any argument concerning the defendant's danger to the community, risk of flight, and other bail factors, should only be made through a competent criminal defense attorney through noticed motion.
If the DA subtracts criminal charges or the judge allows the defendant to be free without bail or bond (own recognizance release [O.R.]) then the defendant is not entitled to a refund from the bail company for the amount unnecessarily paid.
For example, if the arresting officer set the defendant's bail bond at $100,000, and the judge allows the defendant to be released on his or her own recognizance, which means a release on promise of good behavior and without the need for a bail bond surety, the defendant is not entitled to a return of the premium paid to the bail agency.
It may be possible to lower or reduce the defendant's bail to an amount below the bail schedule. This is accomplished through a bail hearing where the judge considers the defendant's danger to the community and risk of fleeing the court's jurisdiction, among other factors. Of course, the DA may also ask for an increase in bail based on the same factors. The DA may also request an examination of the source of funds used to post bail or bond if the DA believes the money used to secure a bail bond was gained through illegal methods. This happens mostly in drug cases or gang cases.
Exonerated, Forfeiting, & Reassuming Bail Bonds:
When a person appears in court for every court hearing after bailing out of jail the judge may exonerate the bond. To exonerate a bond means that a bond is no longer required and the defendant will remain free on his or her own recognizance. This usually happens when a DA or judge lowers a criminal charge to one that does not require a bond or when the defendant has not violated any terms of bond release and a year has expired without resolution of the defendant's criminal case (bail bonds expire after a year from the date of purchase).
When a person does not appear in court as promised, or has committed a violation of a condition of bond release, such as leave the state of California, the bond may be forfeited. To forfeit a bond means the defendant will be taken into custody, or a warrant for the defendant's arrest will issue, despite the fact that the defendant already paid the bail.
To reassume the bond means that the bail bond was forfeited for some reason but is later reinstated by a judge. This can occur when the defendant's bond is forfeited due to the defedant's failure to appear in court, but later, the defendant appears in court with a very good excuse for why he or she did not appear at the earlier court hearing. 
To learn more about how to bail someone out of jail in San Bernardino or Riverside county, or information on local jails, including phone number, address, and visiting hours, please contact the dedicated criminal defense attorneys at Dorado & Dorado, APLC, or visit any of the following sites listed on the right column of this page. 
There is no fee for an initial consultation with our successful attorneys and we are available 24/7 to answer all of your questions.
PC 825 Release Cases
In misdemeanor cases, a person is usually cited by an officer. The citation indicates that the defendant is ordered to appear in front of a judge at a later date to answer for the criminal charge in the citation. In misdemeanor cases where the defendant is arrested, the defendant is usually released on his or her own recognizance after being booked (or sober in DUI cases). This means that there is no bail bond necessary to insure that the person will appear in court as indicated on a citation. In misdemeanor warrant cases the defendant is usually held without bond until the first appearance in court (arraignment).
In felony cases, the arresting officer sets the amount of bail according to the bail schedule (See left side of this page for more information on bail schedules). 
Despite the fact that the defendant has a bail, he or she may be released by the jail without paying the bail indicated. This happens in a few cases where, after an analysis by jail officials that:
  • the defendant's criminal charge is not severe, and
  • the defendant's personal and criminal history indicate that he or she is not a flight risk or danger to the community, and
  • the jail is impacted or over-crowded with more serious criminal offenders, or
  • the sheriff's department has failed to bring the defendant to jail within 48 hours of arrest (excluding holidays and weekends), or the district has failed to file criminal charges within that time (PC 825). 
909.913.3138
For More Information on How To Bail Someone Out of Jail in California Please Visit Bailing Out

Sunday, November 15, 2015

Prostitution Defense 909.913.3138 Free Consultations

California Prostitution Attorneys

Serving Los Angeles, Riverside, Orange, & San Bernardino Counties

All California prostitution crimes, including Pimping, Pandering, Prostitution, Keeping a House of Prostitution, Loitering with intent to commit Prostitution, Prostituting Wife, Prostituting a Minor, and More!

All California penal code crimes, including prostitution PC 647(b), PC 315, PC 653.22(a), PC 266i, PC 266h, PC 266g, and more!!

We will review your prostitution case and find the best possible defenses. We are experienced in prostitution cases and very aggressive. We have a winning and provable trial record. Our office offers private consultations and all information is confidential at all times. 

Free consultations, 100% criminal defense attorneys and criminal defense trial attorneys. 

909.913.3138 Call today!!! To learn more about prostitution defense in California please visit ProstitutionDefenseAttorney.com Thank you. 

Thursday, November 12, 2015

Driving on a suspended license 14601 Law & Defense

California Vehicle Code 14601(a), 14601.1(a), & 14601.2
The laws on the crimes of driving while license is suspended are found at California Vehicle Code sections 14601-14601.5.
By far the two most common driving with a suspended license crimes are found at VC 14601.1(a), and VC 14601.2(a), which is driving on a suspended license while that license is suspended due to a DUI conviction.
Because VC 14601.1 and 14601.2 are the most common driving on a suspended license crimes charged in California this article is dedicated to the law and defense on those two criminal vehicles code charges.
For more information on other driving with a suspended license criminal charges contact one of our qualified criminal defense attorneys today for a free consultation. 909.913.3138.
Vehicle Code 14601.1(a) driving while license suspended:  
VC 14601(a) & 14601.1(a) are virtually the same criminal charge. It is charged where the district attorney can prove that the defendant drove a motor vehicle while his or her driving privilege was suspended or revoked, and, when the defendant drove a vehicle he or she knew that their driving privilege was suspended or revoked.
It must be proved by the prosecutor that the Department of Motor Vehicles (DMV) mailed a notice to the defendant informing him or her that his or her driving privilege was suspended or revoked and that notice was not returned to the DMV for wrong address.
If the defendant can show that he or she changed his or her address but that the notice was sent to the defendant's prior address that may serve as a defense to a VC 14601(a) or 14601.1(a) charge.
If the district attorney can prove that the DMV sent a notice to the defendant informing the defendant that his or her driving privilege had been suspended or revoked then the jury may presume that the defendant had notice of his suspension or revocation; however, the jury does not have to follow this presumption.
Note: a motor vehicle for purposes of VC 14601(a) and 14601.1(a) criminal charges may include a car, truck, commercial vehicle, motor cycle, scooter, bus, tractor, or motor home. 
Punishment for driving on a suspended license:
Driving on a suspended license charged as VC 14601(a) or 14601.1(a) is classified as a misdemeanor. If found guilty of driving on a suspended license the defendant may face up to 180 days in jail. For defendant's who have previously suffered a conviction for driving on a suspended license he or she may face up to one year in the county jail.
Actual jail time is rare, even for repeat offenders of VC 14601(a) or 14601.1(a) convictions; however, for convictions of driving while license is suspended, whether by plea agreement or by jury, it is very common to be sentenced to work release or electronic monitoring. This is in addition to fines and harsh probation terms that the defendant may suffer for any VC 14601 conviction.
In addition to any work release/electronic monitoring and fines that the defendant may suffer if convicted of driving with a suspended license under VC 14601(a) or VC 14601.1(a) the defendant may also suffer U.S. immigration consequences (for immigrants), loss or revocation of professional license, increased insurance rates, probation terms, and increase in punishment for future violations.
Common defenses to a criminal charge of driving while license is suspended under VC 14601(a) or 14601.1(a) include insufficiency of the evidence to prove the defendant knew he or she was driving with knowledge that his or her license was suspended or revoked, insufficient evidence to prove the defendant was actually driving a vehicle, necessity, statue of limitations, jury nullification, or jurisdiction defenses.
Most driving with a suspended or revoked license charges are negotiated to a lesser included offense or negotiated to reduce the punishment that is usually associated with VC 14601(a) or 14601.1(a).
In most cases VC 14601(a) and 14601.1(a) cases a criminal defense attorney familiar with traffic court and misdemeanor crimes can handle the criminal case without the defendant needing to appear in court with the attorney. 
Punishment for VC 14601.2 driving on a suspended license with a prior conviction for DUI:
Driving on a suspended license, when that license was suspended due to a DUI conviction, will generally lead to a criminal charge of VC 14601.2(a) or 14601.2(b). 
Usually, it does not matter why the defendant's driving privilege is suspended or revoked and when a defendant is caught driving on a suspended or revoked license he or she is charged with a violation of California vehicle code section 14601(a) or 14601.1(a) (See above); however, when the license is suspended or revoked because the driver was convicted of driving under the influence of drugs or alcohol (DUI) the criminal charge is filed as a violation of VC 14601.2(a) or 14601.2(b).
To prove that the defendant is guilty of driving while license is suspended due to a prior DUI conviction the prosecutor will have to prove everything listed in the section underpunishments for VC 14601(a) or 14601.1(a) plus prove that the defendant suffered the DUI conviction within the last ten (10) years. 
If found guilty of driving while license is suspended under VC 14601.2(a) or VC 14601.2(b) the defendant may face up to one year in the county jail. VC 14601.2 is also classified as a misdemeanor but the penalties are generally harsher than the penalties associated with a driving with a suspended license but without a prior DUI conviction.
The same defenses, same plea negotiations, and same consequences apply to both VC 14601.1 and VC 14601.2 criminal charges, with the exception that VC 14601.2 charges (w/DUI conviction) generally carry harsher penalties because the offers from the prosecutors are generally less attractive at the outset.
If you or a loved one has been cited or charged with driving while your license is suspended or revoked contact criminal defense attorney Christopher Dorado today for free consultation. Attorney Dorado has successfully negotiated all VC 14601(a), 14601.1(a), 14601.2(a), and 14601.2(b) criminal charges, including dismissal of these traffic offenses.
There is no charge to speak with one our qualified criminal defense attorneys and our criminal defense lawyers dedicate 100% of their practice to criminal defense.
Call today!! 909.913.3138

Sunday, November 1, 2015

Felony DUI Law & Defense in California VC 23153 & 191.5 Criminal Defense Attorney

California VC 23153(a), 23153(b), 23153(d), 23153(e), and PC 191.5 Felony DUI in California

The law office of Christopher Dorado is dedicated to defending those accused of felony DUI in California. Our office has successfully defended hundreds of DUI cases and our lawyers are available 24/7 to answer all of your DUI questions.

A felony DUI filed under VC 23153(a), 23153(b) (the most common felony DUIs) are filed where an injury is caused by DUI to another person besides the defendant. If found guilty the defendant may face up to three years in prison and an additional year for each victim injured beyond the first victim. In cases of severe injury caused by DUI there may additional and enhanced penalties up to six year (in addition to the three year prison penalty). These enhancements are filed under PC 12022.7.

There are many defenses that may apply to DUI w/injury charges, including an attack of the scientific evidence, police procedure, and insufficient evidence. To learn much more about DUI criminal charges, and DUI with injury charges filed under VC 23153(a), 23153(b), 23153(d), 23153(e), or PC 191.5 (vehicular manslaughter) please visit our DUI w/injury page or felony DUI today.

There is no charge to speak with one our qualified DUI criminal defense attorney today. Call today 909.913.3138

Monday, October 5, 2015

Illegal gambling laws in California by Criminal Defense Attorney

California Penal Code Sections 330 & 337 PC
Illegal Gambling & Gaming crimes are found at California Penal Code Sections 330-337. There is a wide variety of crimes that may be considered illegal gambling or gaming, including permitting a poker game for money in your home, engaging in a home card game (or game of chance) for money, illegal lotteries, bookmaking, illegal fund raising with games of chance, doping horses used for legal racing, bribing players or judges in sporting events, and even accepting a wager can all be considered illegal gambling or gaming under PC 330-337.
Permits the most popular gambling or gaming charge is found at PC 337a, Pool selling, bookmaking, or wagering. In order for the District Attorney to prove that the defendant is guilty of this charge he must prove that:
1) The defendant received, or held, money, or something of value,
AND
2) The defendant knew that is was given to him as a bet.
A "bet" is an agreement between two or more people that if an uncertain future event happens, the loser will pay something of value (usually money) to the winner. If the agreement is made on the outcome of a sporting event it is not necessary that the sporting event actually take place. The crime is complete upon the act of wagering or betting.
Of course, different gambling and gaming charges will require different elements which must be proved by the District Attorney. For example, PC 337a(a)(2) Keeping a place for recording bets will require elements that are different than the elements needed to prove 337f(a) Dope a race horse.
Most gambling and gaming charges can be charged as either a misdemeanor or a felony in California. For most misdemeanor convictions of illegal gambling or gaming the defendant could face up to year in county jail. For all felony convictions of illegal gambling or gaming the defendant could face up to three years in prison.
Whether or not the District Attorney charges misdemeanor or felony gambling or gaming charges depends on many factors, such as the amount of money and sophistication involved in the gambling or gaming, the criminal history of the defendant, and more.
In many cases, it may be possible to have the illegal gambling or gaming  charges dismissed. In other cases, it may be possible to have the illegal gambling or gaming charges reduced to lesser offenses so as to avoid the harsh penalties associated with illegal gambling or gaming.
In addition to any possible jail/prison sentence, possible consequences of a conviction for illegal gambling or gaming include possible probation, U.S. immigration consequences (for non-U.S. citizens only), professional license or occupational permit restrictions, denials, or revocations, monetary fines, stay-away orders (orders to stay away from certain persons or places), and more.
If you have been charged with illegal gambling or gaming under PC 330-337, contact criminal defense attorney Christopher Dorado today.
Criminal defense attorney Christopher Dorado will patiently review your charges, competently and aggressively represent you through the stressful and complicated criminal court procedures, and advise and apprise you of your rights, defenses, and options. There is no fee for initial consultations.
Call today! 909.913.3138

Saturday, June 13, 2015

Entrapment as a defense to crime in California 909.913.3138 Free Consultations

California Entrapment Law & Defense
To entrap another person means to induce another person to commit a crime that they would not ordinarily be inclined to commit.
Entrapment by police is a defense to many California crimes. If the defendant is found to have been entrapped by the police a criminal defense attorney may have his or her client acquitted of the criminal charges. 
Entrapment occurs when law enforcement overreaches in their efforts to catch criminals. For example, if law enforcement places scantily clad undercover officers posing as prostitutes on a street corner  and the prostitutes (undercover officers) flag down an unsuspecting passerby for the purpose of catching defendants who are lured in to propositioning the undercover officers this could amount to entrapment if the unsuspecting passerby is not ordinarily predisposed to picking up prostitutes.
For entrapment defense to work the defendant must not be predisposed to commit the alleged criminal act. For example, even if law enforcement set up a prostitution sting operation as described above, the defendant may not use the defense of entrapment if the defendant has a criminal history for picking up prostitutes because the defendant will be found to be predisposed to picking up prostitutes and it would not have mattered if the police overreached in the efforts to catch criminals.
Procedurally, the way entrapment defense works is that the defendant admits that he or she committed the underlying crime. Thereafter, the defense puts on evidence that the police over-reached in their efforts to catch criminals to the point that the police actually caused or encouraged the crime itself. If the defendant successfully proves that the police entrapped the defendant then the district attorney may rebut the entrapment evidence by demonstrating that the defendant was predisposed to commit the crime.
The defendant has the burden of proving entrapment by a preponderance of the evidence. This means that the defendant must show more likely than not that he or she was entrapped. Ordinarily, the defendant has the right to remain silent through every stage of a criminal case, including trial; but, if the defendant claims that he or she is entrapped he or she must put on at least some evidence of the facts that lead to his or her entrapment.
The most common crimes where the defense of entrapment is used include drug crimes, prostitution crimes, conspiracy crimes, traffic offenses, and illegal gaming and gambling. The defense of entrapment may apply to infractions, misdemeanors, and felonies in California.
As stated, if the defendant is found to have been entrapped by the police he or she is entitled to an acquittal of the criminal charges.
If you have been charged with any traffic infraction, misdemeanor, or felony in California and you believe that you may have been entrapped by the police, call criminal defense attorney Christopher Dorado today.
Attorney Dorado represents defendants who are charged with any criminal offense in California, including major complex felonies, and consultations are provided to clients by one of our experienced criminal defense attorneys at no cost to the accused or his or her family.
Attorney Dorado dedicates one hundred percent of his law practice to criminal defense law and procedure and our criminal defense attorneys are available twenty-four hours a day-seven days a week to answers all of your criminal defense questions.
Attorney Dorado or one of our experienced criminal defense attorney will patiently review your case and describe for you your rights and defense options. Call today!
909.913.3138

Assault with a deadly weapon PC 245 Law & Criminal Defense

California Assault with a Deadly Weapon Law & Defense
Information on the crime of assault with a deadly weapon is found at California Penal Code Section 245. To prove that the defendant is guilty of assault with a deadly weapon the prosecutor must prove that the defendant:
1) did an act that by its nature would directly & probably result in the use of force, and
2) used force that was likely to produce injury to another person, and
3) did the act willfully,
It does not matter if the defendant actually succeeded in applying force to another person. The act of trying to apply unlawful force to another person is sufficient for assault with a deadly weapon charges. For example, if a defendant attempts to shoot another person, but the bullet misses the other person, the defendant may be charged with assault with a deadly weapon even though the other person was never it by the bullet.
Assault with deadly weapon, or Penal Code 245, can be charged as a misdemeanor or as a felony. When assault with a deadly weapon is charged as a misdemeanor the defendant could face up to a year in jail. If assault with a deadly weapon is charged as a felony the defendant could face up to four years in prison. In some cases of assault it might be possible to reduce the sentence or reduce the charge.

In addition to any jail sentence, criminal convictions in general can lead to other severe consequences such as: Immigration issues (non-U.S. citizens), probation, fines, lawsuits, employment loss, CPS consequences, mandatory anger management, and more.
Defenses to assault with a deadly weapon charges under PC 245 include insufficient evidence, insanity, self defense, statute of limitations (three years for felony PC 245 charges and one year for misdemeanor PC 245 charges) and more. 
Assault with a deadly charged as a felony under PC 245 is considered a strike under California's Three Strikes Law.
If you have been charged with assault with a deadly weapon under Penal Code 245, contact criminal defense aattorney Christopher Dorado today to learn your rights and defense options without delay. Call today!
909.913.3138.
Closely related crimes to Assault Penal Code 245(a)(1)
Assault penal code 240
Assault with a firearm penal code 245(a)(2)