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Archives: April 2018

Being arrested for rape related crimes is nothing to take lightly; they have serious consequences if convicted. In the event you have been arrested for such a crime in the Central Valley, you need to bail yourself out quickly with Ajua Bail Bonds. Today we would like to discuss the general rape laws in California.

California Penal Code 262

Without the consent of at least one of the participants rape laws criminalize sexual intercourse that occurs. The broader category of sexual assault, which includes such as groping and other unwanted sexual contact is what rape falls under as well. Described under California Law, in the event an individual has sexual intercourse with someone, the crime of rape may happen under the following scenarios:
1) Physical force, intimidation, duress, or threats were used by the defendant.
2) Due to fear of immediate bodily injury or injury to another person, the victim reacted.
3) Developmental delay, physical disability, intoxication or other inabilities to give consent by the victim.
4) The victim was unaware that sexual intercourse was occurring because they were unconscious, asleep, or otherwise unaware.
5) Fraudulent representation was induced by the defendant.

Statutory Rape in California

When an adult engages in sexual intercourse with a minor, 18 and younger in California, State law also defines if of the rape of minors. Depending on the age of the victim and the age difference between the defendant and the victim dictates the severity of the charges. The act itself may be enough for a prosecution when sexual intercourse happens between an adult and a minor, by law, as the minor is not able to provide lawful consent. Prosecutors, in these situations, do not show evidence the defendant used any threatening or violent or unlawful conduct that can sometimes describe rape between adults.

Penal Code 262 Punishment

California state laws punish a rape conviction, generally, with a sentence of state prison time or of 3, 6, or 8 years, the sentence can increase if:
– Rape victim is a minor over the age of 14 years (7-11 years in state prison.)
– Rape victim of a child under the age of 14 years (9-13 years in state prison.)
– Defendant acted with another person to rape a victim.
When an adult engages in sexual intercourse with a minor, California state laws also set fines from $2,000 to $25,000 as civil penalties. When less than three years separate the ages of the defendant and the victim, State law establishes an alternate punishment for rape. The prosecutor may pursue either a misdemeanor charge or a felony charge for this crime. Consequences can range from 1-3 years in county jail. The state also considers the defendants prior and current criminal records and details of the case when deciding on what sentencing to pursue.

Consent as a Defense to Rape

Consent is the most common defense to rape. The prosecutor may be unable to establish the elements of rape due to the other person’s consent or permission in the event the defendant can prove that sexual intercourse did not violate the victim’s will.

Bail Bond Services & More in Selma & Fresno County, Atwater & Merced, Visalia & Tulare, Hanford & Kings, Madera County and the Central Valley of California

Should you find that you were arrested for rape, whether you were guilty or not, call Ajua Bail Bonds to get bailed out quickly. You will want to get your defense started and your personal life in order before your trial. Contact us today.

When a loved one, roommate, friend or family member doesn’t come home, and you haven’t heard from them, you begin playing out scenarios as to where they might be. Their last known location can help aid you in searching for them. In many cases, you may talk to those who were with them at that last location. If that yields no answers, people will call hospitals as well as city and county jails. Finding out if someone has been arrested can be a little frustrating. However, Ajua Bail Bonds will walk you through a few methods to discover if your missing person was arrested and hasn’t received their phone call or might be incapacitated from intoxication.

How to Track Down a Missing Person

Before contacting the city or county jail, try online resources to gather important information on the missing individual first. Make sure, if possible, to have the person’s full name, age, gender, race, and other identifying features, such as hair and eye color. Distinguishing marks such as tattoos or birthmarks are also helpful. The more information the better, especially if the person has a common name.

How to Find Someone in Police Custody

If you have a suspicion the person for whom you’re searching might have been arrested, they will be held at the jail of where the arrest took place. Whether you’re local or worried about a loved who is a long distance away, make sure to look in the county they live or were visiting. However, if the person had a warrant out for their arrest or committed a serious crime they may be relocated to where the warrant was served. As stated above, search online first before you call every jail in the county. Go to the county website of where the person was arrested. Check the county’s sheriff, police department, or municipal court websites. Most will have a database of offenders that have been processed and are being held there. In most cases, all you need is the person’s full name. However, each county website varies. Keep in mind that it can take time to update a database so check back or call the jail house directly. Additionally, investigate neighboring counties in the event the person was arrested one county over from where they live. If online research fails, it’s time to pick up the phone. Be prepared for a time-consuming process of calling all the jails in the missing person’s home locality and places they frequently visit or the last known place they visited. If you know for sure that the person was arrested, such as they were able to contact you, or a record of the arrest was made but you can’t find where they are being held, request to speak to the arresting officer and ask where they were taken.

Consider Person May Be Using Fake Name

If you still can’t find your missing person, don’t leave out the possibility that they gave a false name to avoid detection. For those avoiding the law, or don’t want an angry parent finding they were arrested, this step isn’t unusual. Search for false names they might be likely to use. Often during processing, photos are taken and uploaded to the database.

Bail Bond Services & More in Selma & Fresno County, Atwater & Merced, Visalia & Tulare, Hanford & Kings, Madera County and the Central Valley of California

If or when you find your missing person, and they are in fact sitting in a jail somewhere, contact Ajua Bail Bonds. We can help you get your friend, loved one, of family member out of jail fast.

If you talk to officers about what are some of the most common arrests that they make, domestic violence is one of the top. It may surprise you to know that domestic violence is a problem is all facets of life. It can happen at any time of year and can be between any age couple. There are many reasons that domestic violence is a problem and it happens to lead to arrest of one or both parties. Knowing what some of the reasons and triggers of domestic violence are can help you to know what to stay away from.

Ajua Bail Bonds Outlines What You Need to Know About Arrests from Domestic Violence

Domestic Violence Guilt & Shame: If you and your partner have an argument you don’t go and tell the world about it the next day. Same if you can’t pay a bill on time or flunk a test. These are all things that you most people don’t want to share. That is why domestic violence is such a hard thing to see coming from the outside in. The violence does not always start big and the smaller acts usually go unnoticed by those around you. That is mostly because they are too ashamed to tell anyone that an argument reached that level.
Types of Domestic Violence: When it comes to domestic violence most people assume that it is physical. Although being physically abusive is a huge part of domestic violence and is what will often lead to an arrest it is not the only part. It also includes a lot of verbal abuse as well as power over the other person. They will use tactics to find a way to dominate the relationship and control what happens in everyday life. They use emotion, sexual and economics to induce the amount of abuse they inflict on their partner. Many times they will excuse the behavior by telling them that they were the reasons for the abuse.
Domestic Violence Causes & Triggers: The triggers are different from one relationship to another but there are some that are common among them all. If you are in an abusive relationship it is best to get out but if you know what causes the problem you can avoid these triggers while getting away. The triggers will include, jealousy, anger, disagreement, trouble with finances, employment troubles and desperation. When these start to develop you want to get away from the situation until your partner has had time to cool down.
What Happens When You Press Charges for Domestic Violence?: If the police are called out for a domestic violence situation often times one party will be arrested. Usually the instigator which can be determined by injuries to the other party. If you are arrested for domestic violence you will be booked into the jail and will need to wait for bail to be set before you can be released.

Bail Bond Services & More in Selma & Fresno County, Atwater & Merced, Visalia & Tulare, Hanford & Kings, Madera County and the Central Valley of California

Ajua Bail Bonds offers bail services to get you bailed out after a domestic violence or other arrest. Call us today to meet with an agent.

It is extremely prudent that you appear before the judge, in court, at your designated, court appointed time and date as a criminal defendant that has posted bail with the professionals of Ajua Bail Bonds. This appointment is mandatory and it is nothing like blowing off the dentist appointment. If you miss this crucial court day, whether you have a temporary lapse in judgment, or you feel making a wedding or a funeral is more important, there are serious consequences you will face and the first is that the judge will issue a warrant for your immediate arrest. Today, we at Ajua Bail Bonds would like to discuss the potential consequences for not appearing in court on your assigned date and time.

Issue of the Bench Warrant for Failure to Appear in Court

The likelihood of being arrested is high for misdemeanor offenses, but thankfully, you won’t have to worry about a SWAT team knocking down your door and dragging you back to jail kicking and screaming. Most the time, driving down the street or committing any driving infractions where a police officer scans your license plate can be enough. It doesn’t matter the specifics, what matters is that your name is on the hot sheets and the justice system is more difficult to those who are dragged in for being arrested for a warrant.

Lawyer for Failure to Appear in Court

Hiring an attorney for this serious mistake could pay off in most instances. Do not panic and choose a life on the run if in the even attending Grandpa’s funeral or your sister’s wedding made you forget about your mandatory appearance. The warrant can be potentially lifted and a new court date given with an experienced attorney addressing the judge on your behalf. However, judges typically do not offer more than a second chance so it is imperative you make this court your top priority.

Do Warrants Expire?

Decade old warrants are still in effect and just because you forgot them don’t mean the courts have not and left unresolved means eventual trouble. Evading these old warrants will bring serious legal repercussions with them. Even if the offense is minor, the best thing to do is to turn yourself in. You can get them dismissed or get the best resolution in your favor by turning yourself in with an experienced attorney representing you in court. Getting arrested for a warrant will likely deny you bail and the courts will be harsher.

Penalties for Failure to Appear in Court

Failure to appear in court can have various penalties, depending on your alleged crime and your background. Below you will find the general penalties of failing to appear in court.
Misdemeanor penalties: In addition to charges filed against you will also be charged with a failure to appear in court. There are generally attached fines and the possibility of up to a year in prison and a license suspension. These penalties are in addition to the sentences of the initial crime if found guilty.
Felony penalties: Another felony charge is added to your existing felony charges when you fail to appear in court. Expensive fines, added prison time are assessed after the outcome of your original charges has been in court.

Bail Bond Services in Selma & Fresno County, Atwater & Merced County, Visalia & Tulare County, Hanford & Kings County, Madera County and the Central Valley of California

You will have the opportunity to post bail, following being arrested and going through the booking process. Once you have posted your bail with Ajua Bail Bonds and you have been released, you have the time to get your personal life in order and most importantly hire a defense lawyer. To avoid further penalties, be sure to come to your appointed court date the first time. Call Ajua Bail Bonds for all your bail needs.

When it comes to the legal system there are some aspects that are hard to understand. You never think you will end up in trouble but there are times that this will occur. You might leave a party intoxicated and get arrested for a DUI. You could even get into an altercation which could end up sending you into the local jail. Even though it can be a scary situation you need to know about bail services available. This is something that will come in handy while you address all the other aspects of the legal system. You need to meet with a lawyer, attend court hearing and potentially have to go through a trial. This is always better and easier to handle when you are out of the jail and able to attend these meetings yourself. The way you do that is to get a hold of a bail bond company and get your bond set up for your release. There are several types of bonds that you can use to get out of jail but that determination is usually set by the judge.

Ajua Bail Bonds Outlines Common Bail Bond Options to Get Released From Jail

Cash Bonds: After you have been arrested you need to go through the booking process at the jail in your area. Then you wait to see the judge who will make a determination. The judge will look at the case that has been presented as well as your arrest history and severity of the crime. They will set an amount that will be required if you want to be released from the jail. One type of bond that you can be given is a cash bond. This is exactly what it sounds like and is cash paid to the jail clerk. The amount is paid in full and the person that has paid it wil have the opportunity to get the bond money back. The court will deduct the fees that are needed to run the administration office but the rest will go back after the case has been settled. If your arrestee fails to appear to any mandated court dates and other assignments you lose all the money and they are arrested again.
Property Bond: This is an option that the court may allow if you have property but not the amount of cash that is needed. You can use your home, car and other property to use as collateral for the monies that is owed if you fail to show up. This can be drawn up by a bail company and used to get you out of jail. The property can be seized if the person that you are bailing out fails to appear for the court dates they were given.
Surety Bond: This is the most likely option and is used more commonly than other options. Most people do not have the cash laying around to make a cash bond payment or equity in their home to get released. This is when you call a bail bond company who will work on your behalf to get the person released. All they will require is a percentage of the total and out you go. You are then backed by the bondsman and they will be on the hook if you no show as well as the person that signed for the bond.

Bail Bond Services in Selma & Fresno County, Atwater & Merced County, Visalia & Tulare County, Hanford & Kings County, Madera County and the Central Valley of California

Ajua Bail Bonds is standing by to aid in the release of your loved one from jail. Call us to talk to one of our expert staff today.

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