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Published June 15, 2017

When Should the Party End?

Have you heard of the proposed bill by Senator Scott Weiner from San Francisco that would allow bars to stay open later? State Bill 384, which is referred to as “Let Our Communities Adjust Late Night” or LOCAL Act for short, will allow communities to adjust how late restaurants and bars can serve alcohol.

Under this new law, city governments would be able to adjust the time from 2am, to anywhere up to 4am. This gives the city more control over the serving of alcohol, which can greatly affect nightlife in the city. Many cities across the state of California rely on having a busy night life to help support the local economy.

The law will not force cities to change the cut off call for serving alcohol. What it does is let cities extend the last call time from 2am to 4am.

This is not the first proposed bill to do this. A similar bill was proposed back in 2013. However, this bill did not gain enough votes to pass through committee.

The LOCAL Act recently passed through the California state senate last week. However, this does not mean it will become a law. It has a few more hurdles to pass before becoming a full-fledged California law.

What do you think? Should California cities be able to extend the last call time for alcohol service?

Published June 8, 2017

The Differences between Jail and Prison

Jail and prison are two places you would never want yourself, or a loved one, to end up. It is a common mistake to believe jail and prison refer to the same institutions. It is true that they are quite similar, but at the same time, there are a number of differences that separate them from each other.

The main difference, first and foremost, is the purpose they serve, and who they serve. Jails house two types of people:

• Defendants who are unable to post bail but have yet to be convicted because they are still waiting for trial,
• Convicted individuals who are serving a sentence of 1 year or less.

Prisons, house criminals who are serving sentences longer than 1 year.

Local governments or sheriff departments run and operate jails whereas prisons are operated by state and federal governments.

In jail, inmates have access to programs such as work release, boot camp, and other services that address educational and vocational needs. Prisons also offer work release programs, as well as halfway houses and other programs. These are designed to offer inmates a chance to transfer a little more easily from prison back into society as they near the end of their sentence.

In California, there are 33 prisons; less than a handful of these prisons are women-only prisons. California prisons are pretty much maxed out when it comes to the inmate count. In fact, the state’s prisons are overcrowded. This is why the courts are constantly reviewing the inmates and their charges. Any inmates who are serving long sentences for misdemeanor crimes possibly get the chance to be released from prison early. However, even doing this takes some time to get through.

If your loved one is being accused of a crime and has the opportunity to post bail, help them do it. You would not want your loved one to remain in jail, would you? Bring them home. Mariana Ranchos Bail Bond Store can help with this by offering an affordable bail bond.

Contact Mariana Ranchos Bail Bond Store, or at 760-247-4444.

Published June 1, 2017

When Can You Turn the Police Away?

Not enough people in the United States know their rights when it comes to police searches and seizures, and this is a problem. Some people get so intimidated around the police, even if they did nothing wrong. Others just do not know if and when police are overstepping their authority. There are certain rights people have that protect them, even against the police, such as when they can say “no” to a police search.

Law enforcement officers do not always have the right to conduct a search. First, the police must have reasonable suspicion that a crime has occurred or will occur. If they ask to search a person, his or her belongings, and/ or his or her home or vehicle, the person can deny the police. Then, the police must get a search warrant from a judge in order to move forward. They cannot conduct the search without this warrant.

A search warrant will specifically list persons, items, and locations. Whatever is listed on the warrant is allowed to be searched. If, for example, a bedroom is not listed on the search warrant, but the bathroom is, then the police cannot search in the bedroom. However, if an officer finds guns, for example, while conducting their legal search, and guns are not listed on the warrant, the officer is allowed to seize these items.

In recent years, the discussion of needing a search warrant has come up frequently when it comes to social media profiles and digital devices like cell phones and laptops. Since these are personal items that hold personal and private information, the police do need a warrant to search and seize these items, unless the original owner grants the officers a search without one. Officers also need a search warrant to look through someone’s social media profile. Like with other searches, they still need reasonable suspicion in order to even begin the search and seizure process.

Having the right to deny a search is a right that protects a person. Though a person cannot deny a search if the police come back with a search warrant, they continue to have rights down the line if matters get worse for them. For example, if they are arrested, they have the right to remain silent, the right to a lawyer, and the right to post bail. Even if it seems like the odds are stacked against a person, it is always important and beneficial to exercise rights as much as possible.

Published May 25, 2017

Can I Request to Change My Court Date?

Right on our heels is Summer, a favorite time of year for people to travel. The children are on break from school and the weather cannot be beat. Travel has been planned for months and there are probably going to be some unplanned, short weekend trips ahead for relaxing at the beach or going hiking. Travel and vacations are a metaphor for freedom, but it is earned freedom. In some cases, that freedom can be taken away, by a judge’s order.

If a person is ever arrested, a judge will dictate whether or not a person can proceed with their planned vacation. In this kind of situation, the judge will first determine if the person is eligible to post bail. If the judge denies bail, the person must stay in police custody during their trial. This means that the person is unable to make their summer vacation.

If the judge grants bail, they may also outline additional travel restrictions. For example, the person may be allowed to travel domestically, but not internationally. The judge may say that the person cannot travel at all, and their passport must be surrendered. In the best scenario, the judge will not impose any travel restrictions for the defendant while out on bail.

In any case where the judge grants bail, one condition remains clear: the defendant must show up for their scheduled court dates. If the court dates interfere with the vacation they had planned long before this arrest, the defendant can request to have their court date changed to another day, but it is very unlikely the judge will be understanding of this. Truth be told, it is not exactly a good look for a defendant, someone who is accused of violating the law, to ask the court to accommodate their schedule. It is not really worth asking.

If a defendant misses their court date, they jeopardize their bail and freedom. They will be taken back into custody and face the possibility of being held without bail, or having their bail increased.

Something like this can really dampen a summer vacation. If you, or a travel mate of yours, falls into some type of situation like this, hope for the best but prepare for otherwise. You may need to adjust your travel plans. Plus, if it is not you, but your friend or family member who is in trouble, they could really use you to stick around and offer support.