A Judge does not always have to grant bail in the case of Murder. Does he have to grant bail? Is it the law? Who has the descrection of bail?
It is the decristion of the Superior Court Judge to decide each cases by case weather bail should be granted. In many cases the bail is set so high for murder in California, that it is impossible for the defendant to bail out. When people call Access Bail Bonds for bail, regarding murder it is a very serious crime. Access Bail Bonds already know that the bail will be very high and the case may be high risk. Access Bail Bonds will elvaluate every case differently, based on priors, citizen of the state, does the defendant have family and long standing in the State of California.
There are many penal code sections that a judge will not allow for bail. Each penal code violation is treated differently, for example. Has the defendant ever tried to escape from jail or prision or how many times has the defendant been arrested and what were the charges? In California the bail is set no lower than $1 million dollars and the rate will go up from there.
There are other criminal offenses that involve taking a person’s life, listed below is an overview of each”
⦁ Gross Vehicular Homicide – which is usually a DUI with gross negligence – is a felony that has an assumptive bail of $50,000. It is penal code violation 191.5
⦁ Voluntary manslaughter is a felony and a violation of penal code 192a. The assumptive bail is $60,000.
⦁ Involuntary manslaughter is a violation of penal code 192b and has an assumptive bail of $25,000.
⦁ Manslaughter caused by driving a vehicle with gross negligence (but not a DUI) is a violation of penal code 192c1 and has an assumptive bail of $50,000.
⦁ Vehicular homicide – which is a DUI without gross negligence – has an assumptive bail of $50,000 and is a violation of penal code 192c3.
⦁ Manslaughter with a vessel is violation of penal code 1922.5 and can be either a felony or a misdemeanor. Assumptive bail is $50,000.
In many cases where a lifte is taken either by voluntarily or involuntarily, the judge will grant a bail. However, when it comes to murder, the judge will either deny bail or set it at a very high level.
Call Access Bail Bonds toll free at 888-592-6637 for free bail information. We are open 24 hours a day, 7 days a week.
Every person who and will be forced,by any other person or means of
Forcing fear, steals or takes, or holds, detains, or arrests any
person in this state of California, and carries the person into another country, state, or county, or into another part of the same county, is guilty of kidnapping. "Kidnapping" is moving a victim a substantial distance, using force or fear to do or detaining a person against their own will.
There are several ways you can violate the California Laws of Kidnapping, under Penal Code 207, 208, 209. Below are a list of some of the ways in violating the kidnapping laws.
Move another person from one place to another.
A substantial distance without that person's consentby using force or fear.
That you physically and intentionally inflict some physical force upon the victim.
That you actually threaten to hurt or inflict serious physical harm.
By moving forcefully and unwillingly:
Use force, fear or fraud upon a victim who is a child under 14 years of age,
accompany the kidnapping with a demand for ransom, that can cause the victim to suffer serious bodily harm or death, kidnap another person while you are violating Penal Code 215 PC California's carjacking law, or
Violate a number of other laws that relate to kidnapping, by force, fear and intentionally harm ,the offense elevates to aggravated kidnapping.2 Aggravated kidnapping is a more serious charge, a conviction for which carries life in prison.
Examples of kidnapping:
Tying someone up without consent, moving him or her to a desolate location, then calling her family and demanding that they pay ransom for the release of him or her release.
By holding a gun to someone's head without knowledge, and demanding that he drives you away from the store you just robbed without consent, by force.
Ordering a woman out of a busy store by force, out onto the street without consent, into a back alley of the store where nobody is around and then into your car to rape her without consent, all under the threat of killing her daughter if she doesn't go with you to an unknown destination.
Telling your girlfriend's 8-year-old son that you are taking him to the movies when you have no intention of doing so, in fact, you have no such intention and are simply "hiding" him from his mother after finding out that she cheated on you and you intentiontly force the child to go with you and away from him mother in fear.
"Simple" kidnapping is a felony in the state of California and is a very serious charge. It is subjecting you to up to 8 years in the California state prison which are very serious and very over crowded. Many prisoners are very dangerous and are there for life or very long sentences.. Aggravated kidnapping...also a felony...carries a sentence of five years to life, however every case and situtation is different. It really depends on the facts of the case. And because kidnapping is a strike under California's three strikes law, you must serve at least 85% of your sentence before you are eligible for release. California takes this crime very serious and will try to get the maximum sentence. Also the bail is very high in California, and requires much collateral. Depending on your priors, most bail bonds company will require ankle bracelets. Depending on your priors, if you are a repeat offender with more than 2 strikes, the court could impose a no bail due to the serious of the case. Because it is such a serious crime, some bail companies will not even want the risk.
In the United States people have the right to freedom of speech and is guaranteed by the first Amendment of the Constitution. The First Amendment States “ Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
What are Civil Rights Violations in California?
Civil Rights defined in California are, violations against people that are commitede based solely on their aftual race, ethnicity, sexual orientation, religion, nationality, gender or a disability. When a Civil Right Violation is perceived against a person because it’s believed that they’re gay, black or another status, even if they are not.
Kinds of Civil Rights that are Forbidden by the Law
Threats, verbal or written
Physical assault or attempted assult
Vandalism or property damage
How These Laws Help
Penal Code Sections are written to punish people who have violated the rights of others. There are many Civil remedies that provide protection for persons who have been threatened with violence and momney damage to persons who have been harmed by violence or threats. These Civil re;medies are available under the Ralph and Bane Acts , and include:
A person may obtain a restraing order from a court, it must be served upon the person who is threating to harm you and your family, and or property
Includes the cost of medical, lost wages, repairing property and emotional stress and suffering
A court can order an additional payment ot punish the wrongdoer
A fine can be issued in the amout of $25,000.00, which is paid to the victim
Can be ordered that the person you are suing pay the victim’s attorney’s fees
Bail Amounts Associated with the Civil Rights Violations
Each State had different bail amounts and will vary depending on the Civil Rights Crime. If a person commits a misdemeanor or felony, other than the restriction of civil rights, they can be charged with a hate crime. This will constitute a misdemeanor unless the crime committed caused an injury, resulted in property damage of more than $950.00 or if the person accused was previously convicted of a hate crime.
In California, if a person who is interfering with someone’s civil rights, without violence for example, it constitutes a $10,000.00 bail amount in Los Angeles County. However, in Los Angeles County, if a hate crime has been violated this will add an additional @25,000.00 bail to whatever bail was set under the underlying crime. Santa Barbara and Sonoma Counties have the same $25,000.00 bail amounts. When this bail amount is set, you should call Access Bail Bonds; we can address the bail amount set and post the bail immediately. Every situation is different, and every bail amount depends on the crime.
What happens if you Violate Someone’s Civil Rights?
When a civil right violation occurs, when no other crime committed. It can result in one year in jail; fines can reach as high as $5,000.00, plus additional 400 hours of community service. When committing a civil rights felony, the fine can be as high as $10,000.00 and three years in prison.
Murder California Penal Code 187
The Penal Code 187, California law defines
Murder as “The unlawful killing of a human Being or a fetus with malice aforethought”
Posted on July 27th, 2013
Starting with the basic murder, a homicide refers to the killing of another person, whether it was lawful or unlawful. A homicide includes murder, manslaughter, as well as a justifiable killing. Unlawful Killing: Murder is the most aggravated type of homicide. It is always unlawful. The difference between murder from manslaughter in California is the law, the fact that malice is necessarily involved in a murder.
Under the California murder law, Penal Code 187, malice may be expressed or implied. The mental state constituting malice aforethought does not presuppose or require any ill will or hatred of the victim. When a person with wanton disregard for human life, does an act that involves a high degree of probability that it will result in death, he acts with malice aforethought.
Express malice means that you specifically intend to kill the victim. Malice is implied when (a) The killing resulted from an intentional act: (b) The natural consequences fo the act are dangerous to human life: (c) The act was deliberately performed with knowledge of the danger to, and with conscious disregard for , human life. Both first and second degree murder require malice.
First Degree Murder in California:
Under the California Law, there are three ways to be convicted of first degree murder:
By committing the murder
Using a destructive device or explosive, weapon of mass destruction, ammunition primarily designed to penetrate metal or armor, or poison or
By lying in wait or by inflicting torture pursuant to Penal Code 206, California’s torture law
By killing in a way that is willful, deliberate, and premeditated, or
By way of the felony murder rule (that is, by committing a specifically enumerated felony that automatically turns any logically related death into first degree murder.
Examples of first degree murder include:
Going to someone’s house intending to kill him or her
Lying in wait for someone to return to his or her car in order to kill that individual
Any murder that is perpetrated using a destructive device or explosive
Under California law, capital murder and also first degree murder with special circumstances where first degree murder applies, murder charges are punishable by either:
Capital punishment (The Death Penalty) in California or
A State Prison sentence for life without the possibility of parole
California Felony Murder Rule:
California felony murder rule applies to both first and second murder. It essentially creates murder liability for individuals or their accomplices who kill another person during the commission of a dangerous felony.
Unforturnely there is no bail for Penal Code Section 187, murder in California. California takes this crime very seriously and it is a high risk crime. Therefore a no bail is set.
Human Trafficking California Penal Code 236.1
Human Trafficking is a $32 billion global industry that remains to be one of California’s most difficult crimes to monitor. California General Attorney 2012 report state that Human Trafficking estimates that there are 20.9 million victims worldwide.
Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, in which the person has not attained 18years of age: or
Labor or services, thought the use of force, fraud or coercion for the purpose of involuntary services, peonage, debt bondage or slavery
Different types of Human Trafficking:
Sex Trafficking or slavery is forcing human beings into any form of commercial sexual exploitation. Commercial sexual exploitation includes pornography, prostitution and the sex trafficking of women and girls, and can be an exchange for goods or money. Seventy nine percent of human trafficking victims are women and girls and most end up in sex slavery.
Punishment and Sentencing Guidelines:
PC 236.1 (a) Any person who deprives or violates the personal liberty
of another with the intent to obtain forced labor or services, is
guilty of human trafficking and shall be punished by imprisonment in
the state prison for 5, 8, or 12 years and a fine of not more than
five hundred thousand dollars ($500,000).
(b) Any person who deprives or violates the personal liberty of
another with the intent to effect or maintain a violation of Section
266, 266h, 266i, 266j, 267, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6,
or 518 is guilty of human trafficking and shall be punished by
imprisonment in the state prison for 8, 14, or 20 years and a fine of
not more than five hundred thousand dollars ($500,000).
(c) Any person who causes, induces, or persuades, or attempts to
cause, induce, or persuade, a person who is a minor at the time of
commission of the offense to engage in a commercial sex act, with the
intent to effect or maintain a violation of Section 266, 266h, 266i,
266j, 267, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6, or 518 is
guilty of human trafficking. A violation of this subdivision is
punishable by imprisonment in the state prison.
Both at the state and local level include case management, victim advocacy, housing, food, medical and dental care, health management treatment, substance abuse treatment, counseling, immigration and legal assistance and employment training services. The Obama Administration recently outlined four year plan to strengthen their efforts to combat human trafficking.
Difference between Human Trafficking and Smuggling:
Though they are often confused, human trafficking and smuggling are separate and fundamentally different crimes. Human trafficking is a crime against the person whereas smuggling is a crime against the state. Smuggling occurs when a person voluntarily requests or hires a person, known as a smuggler, to transport him or her across a border for a fee.
At least theoretically, a person who is smuggled into the United States is free to leave upon payment of a prearranged fee, while a victim of human trafficking is enslaved to supply labor or services. Unlike smuggling, the crime of human trafficking does not require travel or transportation of the victim across borders. Thus, human trafficking can (and does) occur domestically, with victims who are born and raised in California and other states.