Chapter 20 / “But Officer I Blew Under .08%? Why are you Arresting Me?”

So you thought if your BAC (Blood Alcohol Concentration) is under .08% the nice police officer is going to say “thanks for blowing and have a nice day.”    Ah……….nope.   My clients have told me that they were allegedly pulled over by the police for some other vehicular issue like speeding, swerving, driving too slow, stopped over the white line of the crosswalk or a tail light was out.   Once the officer made contact with them the question of drinking came up.   The officer finds a way to ask within the first few seconds….. “have you been drinking?”   If the answer is yes the officer will request that you get out of the vehicle and undergo a sobriety test.   The officer will ask you to blow in the Breathalyzer.   No matter what you blow in the Breathalzyer it appears you’re going to jail.   Recently I had a client that blew .06% and was arrested and went to jail.   It doesn’t seem to matter what you blow.   When law enforcement determines you’ve been drinking and driving you’re going to jail.    You’re thinking….but I didn’t break the law?  Why am I going to jail?   Tell it to the judge.   Refusing to blow and allowing law enforcement to draw your blood is also a free trip to the jail since the BAC results won’t be back until your arraignment in 6 weeks.    What if you refuse to blow and refuse to have your blood drawn?   Kiss your drivers license goodbye for a year.   Wow.  Not what you expected?  Most people think they can drink a beer or a glass of wine with a meal and then get into their vehicles and drive.   Not anymore in California.   We’ve had so many victims injured or killed by drunk drivers that it appears that the State of California has mandated that if you’re stopped for drinking and driving you’re going to jail.  Just that simple.   I “assume” the reasoning for making the arrest is to get you off the road and hopefully teach you a lesson.   When you get to the court the case may or may not be filed if your BAC was below the legal limit of .08%.    By this point you’ve spent anywhere from 4 hours to 5 or more days in jail if you were unable to make bail.   In San Diego County everyone arrested for a DUI  goes to jail and has to make bail or wait for their arraignment.   Posting bail for a DUI is $2,500. for a 1st offense.   23152(a)VC is a misdemeanor and the arraignment will be in about 6 weeks if you bail out of jail prior to the arraignment.    If you’re unable to make bail the arraignment is within 3 court days which could be longer if there’s a court holiday.   For example, you’re arrested on a Friday night.   The arraignment will be either Monday, Tuesday or Wednesday.   With a court holiday the arraignmnet could be a day later.   So you could be in jail until Thursday if Monday was a court holiday.   About 6 days.   Look on the bright side….you’ll get credit for “time served.”

What’s the lesson you’re supposed to learn from Chapter 20?   The same lesson you’ve heard over and over and over again.   Don’t drink and drive because your judgment is impaired.   Have a Designated Driver with you or call a taxi cab to take you home.   In San Diego County if you’re pulled over by law enforcement and the officer determines that you’ve been drinking and driving you’re going to jail.   Plan on it.    To prevent being arrested for a DUI in San Diego County don’t drink and drive.   I know it sounds like a broken record but its true.    Before you go out to party for the evening establish a plan of how you’re going to get home safely.    Memorize a few phone numbers or write down a few phone numbers on your hand if you still think you can drink and drive home yourself.   When you’re arrested the phone numbers will come in handy so you can bail out of jail.   Its not “if” you’re arrested…………….its “when” you’re arrested.    Be safe.   Please don’t drink and drive.

Related You Tube Video’s:

http://youtu.be/DB9WxnfBILU  Emily’s Story.  Arrested for 2 DUI’s.

http://youtu.be/cgfCBeVctuA  Judge Jackie Glass of Swift Justice on Drinking and Driving.

http://youtu.be/se2tfB1nvFg  In jail and you don’t know any phone numbers?

Chapter 19 / What? The Public Defender isn’t Free?

Contrary to what you’ve seen on TV the Public Defender is not free.   What happens if you don’t retain your own attorney before your arraignment?  When you arrive to the assigned courtroom the Public Defender will meet with you and briefly go over your charges and what deal the District Attorney or ( City Attorney in San Diego Superior Court for misdemeanors) are willing to make in exchange for your plea of guilty.   The Public Defender handling your arraignment has been assigned to that courtroom and will only represent you for this appearance.   If you decide to plead not guilty at your arraignment another Public Defender will be assigned to your case.

So how much will it cost for the services of a Public Defender?  The fee for the Public Defender is determined by the information you provide on the Financial Declaration.   You must sign this declaration under penalty of perjury.   The Financial Declaration form is available thru the San Diego Superior Court website and can be filled in online and then printed.  By using the PDF fillable form provided by the San Diego Superior Court website the finished product will be neat and easily read by the court.   The key is to make sure the court can read your form.    Every penny counts when it comes to determining your “disposable income.”

http://tinyurl.com/Financial-Declaration  

It is strongly suggested that you complete this form prior to your arraignment.   If you have access to a computer and printer complete the Financial Declaration form online and print out the form.   Don’t forget to bring the completed Financial Declaration with you to court.   Otherwise you will be given a blank Financial Declaration form and be expected to do the best you can to complete the document.   Going to court can be nerve racking and the thought of completing a Financial Declaration at this moment is just frightening to me.  I can’t remember how much I paid for my utilities last month.   Can you?   Take advantage of your time prior to your arraignment and complete the Financial Declaration.  You will benefit from having done your homework.  The amount you pay for the Public Defender is based on the income and expenses listed on your Financial Declaration.   The  fee is part of the “court costs”  determined on the last court appearance on your case and listed on your court document.

What happens if you have your own attorney?   You won’t need to complete the Financial Declaration if you have your own attorney. However, if you end up having to pay fines that need to be paid in monthly installments the court uses this form to determine your monthly payment amount.   Again, take your time.   Make sure every number on the page can be verified with statements and receipts.   The court will verify your information.   If you decide to make monthly installment payments be advised the court has several options for making payments and when the payments are due.   San Diego Superior Court does not have a COLLECTIONS DEPT.    There is no such thing as “oops, I’m sorry I was late on a payment to the San Diego Superior Court.”    Remove this from your consciousness.    By calling the court and making excuses it won’t help.   While the clerk is telling you “its ok, do the best you can”……..the BIG RED BUTTON is pushed.   Warrant for your arrest.    If you’re late on a payment start checking the Sheriff’s website for your name.   Give it a week…….you’ll be on the website.

http://apps.sdsheriff.net/warrant/waar.aspx

Oh my!  Warrant for my arrest.  OMG!  Now what do you do?   You have a few choices.  See Chapter 8 “The Cure for Warrants.”    You can call me and I can clear your warrant and get you back on court calendar.   Or you can call your attorney or Public Defender to request another court appearance to clear your warrant.   Bottom line on making mistakes with payments for fines to the court………don’t be late on a payment or you get to tell the judge why you were late.    Clerks can’t clear warrants.   Once you miss a payment its back to court.   So don’t be late on a payment.  You could end up hearing the doorbell ring at 7am on a Sunday morning and a Deputy Sheriff will be standing there with handcuffs waiting to take you back to jail.   And you’re going to jail in whatever you’re wearing at the time.   I’ve bailed people out in their pajama’s many times.    Don’t let this happen to you.

If you have appeared in court and the judge/commissioner has ordered you to pay a fine you may choose to pay the fine using one of the following options:

  • Online: (click Pay Fineto begin now). https://tops.sdcourt.ca.gov/TrafficMainMenu.htm
  • Automated Telephone System To Pay Fine:(619-906-5888)
  • Mail: Send a check or money order payable to “San Diego Superior Court” along with your Notice of Payment Due to the court address on the notice.
  • Fax: Fax completed Notice of Payment Due to the appropriate office location.
  • Express Drop Box: Most locations provide an Express Drop Box where you may submit your payment with the notice.
  • In Person: Appear at the appropriate office locationduring normal business hours.
  • Phone: Call the appropriate office location during normal business hours.

You may use a credit card for all of the methods of payment above.

Chapter 18 / To Blow or Not To Blow?

Every client I bail out of jail for a DUI asks me the same question.  “Should I have blown or not?”   I’m not a lawyer and I cannot give legal advice.  The choice to blow is a subjective question that only you can answer.  Making the decision to drive after drinking is an impaired decision.   The thought process to blow or not to blow is also impaired.   Let’s make up a scenario and try to walk through it together.    You go out to dinner with friends and have a few drinks.  You ate some food and its been a few hours since your last drink.   You’re thinking driving shouldn’t be a problem since you’re only a few miles from your home.    The clock starts ticking when you enter your vehicle, place the keys in the ignition, turn on the vehicle and then start driving.    You’re fair game for a police officer to pull you over and conduct a sobriety test which may include blowing in a Breathalyzer to determine your BAC (Blood  Alcohol Concentration).   If you’ve never taken a sobriety test or seen it conducted on TV or in a movie it’s very difficult when you’re impaired.    The police officer will ask you to touch your nose, walk in a straight line or maybe say the alphabet backwards.   The Breathalyzer test has been added to help law enforcement in making a determination of what your BAC is at the time of your arrest.   In California it is illegal to drive with a BAC of .08% or more, .04% for commercial vehicle drivers and .01% if the driver is under 21.

What are your choices in California when you’re pulled over by law enforcement?   Each time a Californian renews their driver’s license with the DMV (Dept of Motor Vehicles) a driver is required to confirm and agree to the following disclosure:

I agree to submit to a chemical test of my blood, breath, or urine for the purpose of determining the alcohol or drug content of my blood when testing is requested by a peace officer acting in accordance with Vehicle Code 23137 or 23157.

I understand that if I’m under 21 years of age, I cannot legally drive with a BAC of .01% or more.  Driving with a BAC of .01% or more, refusing to take, or failing to complete an alcohol screening or drug test, results in a one-year suspension of my driving privilege.

I understand that the DMV will add convictions reported by other states/ licensing authorities to my driving record, which may result in sanctions against my California driving privilege pursuant to the applicable sections of the California Vehicle Code.

If you refuse to blow and have your blood drawn you’re going to jail because the blood test results won’t be available until the date of the arraignment several weeks later.   If you blow in the Breathalyzer and your BAC is .08% or more you’re going to jail.   When you’re pulled over for a DUI plan on going to jail.  It’s just that simple.

As I Googled the reliability of Breathalyzer tests I noticed that many of the articles stated body temperature, environmental agents and body chemistry can effect the outcome of the test.

http://www.ehow.com/facts_6804751_reliability-breathalyzer-test.html

According to Lawrence Taylor, California DUI Attorney and Author,  he wrote on his blog, “Why Do Police Always Destroy Breathalyzer Evidence?”   Taylor’s website is packed with information, links to useful websites and a DUI video library.  Check it out.

http://www.duiblog.com/2011/12/19/why-do-police-always-destroy-breathalyzer-evidence/

Back to the original question.  Should I blow or not if I’m pulled over for a DUI?   Do your homework and read about the Breathalyzer test and then make the decision based on your interpretation of the equipment.

We don’t live in a perfect world and people make mistakes.  Drinking and driving is a mistake that will change your life forever.    When you see the red lights flashing in your rear view mirror there’s little time to think clearly how you’re going to handle this police officer.    By the time you’re pulled over and stepping out of your car for a sobriety test it’s too late to find a designated driver or take a taxi home.   The police officer will give you an opportunity to blow in the breathalyzer.   The decision to blow or not to blow is in your hands.   Only you know how much you had to drink.   The best way to avoid a DUI is don’t drink and drive.

When someone just can’t stop drinking and driving the next step is the Ignition Interlock Device.  A voluntary step to prevent a driver from operating their vehicle if their BAC is over the legal limit.  An impaired driver is a threat to themselves and public safety.   If you can’t stop drinking this might be your last chance before you lose your driving privileges.   Perhaps in the very near future the courts will mandate the installation of an Ignition Interlock Device after the first DUI conviction to make sure you can’t drive impaired again.

http://www.ignitioninterlockdevice.org

Judge Jackie Glass and her Swift Justice “Final Thoughts” on drinking and driving.  Thank you Judge Glass.

Chapter 17 / Are Bail Bond Payment Plans a Good Idea?

Do you think bail bond payment plans are a good idea?  Back in the stone age when I got my Bail Agent license everyone charged the same amount and the premium was collected in full before we posted the bond.  This was the intent of bail in the first place to make sure the defendant would return to court for all the appearances.  That’s the way things used to work. Not anymore.  A handful of greedy bail bond agencies decided they were going to shake things up in hope of squeezing out all the little bail bond agencies.   The big bail bond agencies decided to offer payment plans.  Like buying furniture or a car on credit.   The only difference is the penalty for missing your payments.  Some of these bail bond agencies started sending out thugs in the dark of the night to show up at the homes of people who owed money on their bail bonds.  Dressed in combat clothing and armed with weapons.  Collection people harassing you with daily phone calls is nothing compared to armed thugs in combat gear at your door.  Imagine opening your front door and thugs demand that you pay for your bail bond or the defendant is going back to jail?  That’s right.  Going back to jail.  In some cases the thugs took the defendants back to their offices and held them there until someone paid the premium owed to the agency. 
 
           
Criminal Complaint filed on September 14, 2011 against AJ’s Bail Bonds in Modesto, CA.    http://tinyurl.com/7zdzorl    3 Bail Agents were being held on $2 Million bail for holding clients against their will for hours to extort additional payments from them according to the prosecutor in Stanislaus County Superior Court. 
 
 
In August, 2006 Steven Petrilli was charged with  murdering police officer Nick Birco.   Petrilli was out on 2 financed bail bonds.          http://tinyurl.com/cy8beuk
 
First Degree Murder suspect Robert Dean Hall was able to bail out on a financed bail bond.   http://tinyurl.com/7j9rcz4
 
Selami Ozdemir was able to post a no-money down $25,000. bail bond and within a few hours shot his wife to death and then killed himself.    http://tinyurl.com/7c877vo
 
Still think payment plans are a good idea?  Many bail bond agencies charge excessive interest rates for bail bonds on payment plans.  I’ve heard of interest rates higher than credit card interest rates.  These bail bond agencies figure if you don’t have a credit card they can charge whatever interest they want because you have no choice.   If you want your loved one out of jail you’ll agree to just about anything.   All you want is to get your loved one out of jail and before you know it you’ve agreed to a payment schedule of 1-4 years or more for a bail bond.  I’m willing to bet the case against your loved one will be over long before you ever finish making the payments on the bail bond premium.  The threat of returning your loved one back to jail is over once the bond is exonerated. Did you know a bail bond agency cannot return a defendant back to jail if the reason is unpaid premium.  This is a civil matter.  Therefore, any bail bond agency that threatens to return your loved one back to jail for failure to make payments on the premium is being dishonest.  So what happens if you stop making the payments once the case is over?  If the premium owed is $5,000 or less (in California) the bail bond agency can sue you in Small Claims Court or a TV court like @SwiftJusticeTV  http://swiftjustice.com .  A judge will more than likely rule in favor of the bail bond agency as long as they have documentation proving there was a contract for the full amount owed signed by both parties.  At this point you can expect a judgment against you for the money owed on the bail bond plus court costs which will affect your credit.  What a nightmare! 

What about public safety?   When a person charged with a violent felony charge or charges is released from jail on a bail bond where they paid next to nothing down…..how safe do you feel?   There have been several cases in the news where a defendant bailed out of jail with a small amount down and offended again.  Case in point Maurice Clemmons and 4 police officers are dead.   http://tinyurl.com/2ufrwsu

 Pierce County Sheriff's Department mugshot of ...

How do you get your loved one out of jail if you can’t afford the premium on the bond?  If the bail amount is $25,000. the premium is $2,500.   Most bail bond agencies will require at least 50% down and allow you to make payments on the other half over a set time as long as the indemnitor owns a house.  The house will be used as collateral to insure the premium is paid and secure the bond.    Many bail bond agencies like Bail Bond Woman don’t charge interest on the premium owed on a bail bond.   Shop around until you find an agency that doesn’t charge interest.   The amount of money you save is worth your time.  What agencies should you avoid?

  • Avoid bail bond agencies that say  “ZERO DOWN”
  • Avoid bail bond agencies that say “little or nothing down”
  • Avoid bail bond agencies that say they offer “payment plans with low-interest rates”

What if you don’t have the 50% down required for the bond?   Wait until the arraignment and hope for a bail reduction.   If the bail isn’t reduced at the arraignment your attorney will request a Bail Review Hearing.  When the charges are serious the bail amounts are higher.   In some cases the bail is just too high and your loved one will have to stay in jail.  

Final thoughts on bail bond payment plans.  Buyer beware of payment plans that are too good to be true.  If you think the bail bond premium needs to be 10% and no discounts for any reason…. please write to your congressman.    If you think  bail bond agencies offering payment plans should be required to collect at least 50% down and collateral should be mandatory when making payments….. please write to your congressman.  If you think the premium should be collected and a contract signed before a bond is posted….please write to your congressman.  In San Diego we have bail bond agencies that post bail bonds with a simple phone call from the jail inmate.  On a promise to pay when they get out of jail.  I doubt the drafters of the 8th Amendment would be very happy with these bail bond agencies.   If you want to put a stop to this kind of freestyle posting of bail bonds…please write to your congressman.   A bill made its way around Sacramento on bail and payment plans a while back.  The bill was defeated because the lobbyists representing the big bail bond agencies and sureties made sure the law didn’t pass.   Still think payment plans are a good idea?

 

Chapter 16 / When is it Time to Step Up to the Plate?

Stepping up to the plate and admitting guilt before taking the time to speak to an attorney can have unforeseen consequences.   There’s a very fine line of when to take ownership of your actions once you’ve entered the criminal justice system .   When is it time to admit we made a mistake and we’re ready to suffer the consequences of our actions?    I will differ this one directly to your attorney that represents you in your criminal case.   

Growing up we were taught to take responsiblity when we make a mistake.   An example might be in 3rd grade you threw a ball into a neighbors window and broke the glass.   Do you run and hire an attorney before you admit you threw the ball that broke the window?  Probably not.  Would you tell your parents before going over to the neighbor’s house?   Maybe.   Having your parents doing the talking when you’re so young is always a good idea.   Parents always know the right words to say and make it seem like you knew the consequences of your actions.   And of course your parents will offer to pay for the repairs and guarantee you’re going to be punished.    Well, that’s kind of how the criminal justice system works with one huge exception.   As adults when we make a mistake that can result in criminal charges we don’t leave the scene to get our parents or an attorney.    For example, you’re driving under the influence of drugs and/or alcohol and you hit some parked cars.   Leaving the scene to get your parents or attorney will lead to hit and run charges.  A felony.   Once laws are allegedly broken your actions are documented every step of the way by the arresting police officer in their police report.    This same arresting officer will give you an opportunity to give a voluntary statement about the charges you’ve been accused of at this point.   Now what do you do?  Step up to the plate and admit everything??  Think long and hard about everything you say and do from this point forward.    The arresting officer will place handcuffs on your wrists and drive you to the jail no matter what you say in your voluntary statement.    I hear all the time from my clients that police officers say it will help their case if they admit to the charges at the time of the arrest.    Have you ever seen that help in a criminal case you’ve seen on TV?    It’s a natural human response to just start talking when under stress.   Will the arresting officer add more charges if you don’t admit to the charges?  Doubtful.  I have heard from many attorneys they wish their clients had waited to talk about their case in the privacy of their offices.  The problem with hindsight is…. its hindsight.  

No one can tell you what to do when its 3am and you’re standing on the side of the road doing a sobriety test with a police officer.   The key is be prepared for anything that happens in your life.   How can you prepare for getting arrested?   Does that sound absolutely ridiculous?   We didn’t have this class in high school.   Maybe we need this class taught in high school so our young adults understand the consequences of their actions.   I’ve put together a short list of things to have with you when you’re arrested:

  1. You need to memorize at least one phone number of a friend or family member to bail you out.
  2. Write phone numbers on your hand before the arresting officer takes away your cell phone.
  3. Before the arresting officer bags up your property make sure your wallet with your Debit or Credit Card is in the bag going with you to the jail.
  4. Try to remember the name of the arresting officer and the location of the arrest if your car is left at the scene.
  5. When the officer asks you to give a voluntary statement remember its VOLUNTARY
  6. Once in custody stay focused on getting out of custody as soon as possible to properly prepare to defend yourself against the charges brought against you.   
  7. The advice attorneys always give their criminal case clients is don’t discuss your case with anyone except them. 

Back to the original question.  Is there ever a time to admit you broke the law and take ownership of your actions?   Listen to your attorney that represents you in your criminal case.    That’s why you have an attorney.   Their job is to protect you and make sure you understand the charges and the consequences of owning the charges brought against you.

Chapter 15 / How to Select a Bail Bond Agency

A bail bond agency calls to bail out your loved one.    How do you know the caller is really calling from a bail bond agency?  Ask the caller for their first and last name.  Ask them to spell their name.  In California licensed Bail Agents can be found on the California Dept of Insurance website.   http://tinyurl.com/rbkwvn    

If the person calling you is a licensed California Bail Agent their name and license number will be on this website.  You can see the name of their bail bond agency and how long they’ve been in business.    

What if your loved one calls you from jail and requests that you bail them out?  How do you find a bail bond agency?  Go to a website such as (Yellow Pages)  www.yp.com and type in bail bonds for the city and state where you live.  Keep in mind if you do a Google search the bail bond agencies that will be listed on the first page paid thousands of dollars to be there and may not even have an office in the city where you live.    Chances are you’re calling a large agency with an answering service that will forward your call to an agent hundreds or thousands of miles away.    Do you really want this kind of service?    I doubt it.

San Diego County Jails have a card in each jail cell with the names of all the bail bond agencies that belong to the Bail Agents Association of San Diego County.     Each agency has been thoroughly checked and must meet certain criteria to be on this card.   The bail bond agencies on the jail cards must have an office in San Diego County,  the owner of the agency must be a licensed Bail Agent in California and a member of the association in good standing.  The employees of agencies that belong to the association must be licensed Bail Agents in California.   These jail cards are updated each year.     

How do you know if the bail bond agency is a good agency?    When you’re trying to bail someone out of jail every minute counts and you don’t have very much time for a thorough investigation.   Here’s a list of a few things you should look for before making your choice.

1. Do they have a website?   Go to their website.   Is their Insurance License prominently displayed on their website?   

By law in California licensed Bail Agents must have their license number on all advertising.  Including business cards, websites and phone book ads.

2.  Is the agency listed on www.YP.com or www.Yelp.com ?  Customer Reviews on Yelp are filtered by their staff.   Do  the Customer Reviews appear to be written by real customers?    Look at the dates on the reviews.  Read the names of the people that wrote the reviews.   Real customers won’t use their real names for a bail bond.  Many people will make up a nickname.  If they were all written within a few days or weeks they’re probably fake.  Duplicate reviews by the same name usually indicates a fake review.    Don’t be fooled by agencies that try to move up in rankings on search engines with fake customer reviews.    Most people can tell if the customer review is fake and written by the agency.

3.  Look for experience.   A Bail Agent licensed for over 10 years is a good sign. 

4.  Just because a bail bond agency spends thousands of dollars on advertising doesn’t make it a good agency.   Do you think because they have a full-page ad in the Yellow Pages they’re a good agency?    Not necessarily.    What kind of service do you think you’re going to get with a big bail bond agency that has TV commercials, radio commercials,  billboards, bus stop benches, full-page ads in the phone books?     Chances are pretty good their phones are ringing off the hook and they have a minimal number of people working in their office juggling phone calls and bonds.   The person that negotiates a bond must be licensed.   How many licensed agents do you think work between Midnight and 8am?   Whose the loser?   The person in jail getting short-changed because their time in jail is increased while the big bail bond agency is trying to handle their phone calls and people coming into their offices to be processed.       Still think bigger is always better?

5.  Beware of bail bond agencies that offer to discount or undercut other agencies to get your business.   Each bail bond agency in California has a rate filing and in most cases the premium is 10% of the total bail amount.     If an agency offers to write a bond for 5% or less be careful.   The agent may not be licensed or is willing to lose their license to get your business.   Any bail bond agency that charges less than their rate filing is breaking the law.    If you know the premium is being discounted and you get caught the consequences will be severe for the agent, the agency and you as the client.    The agent could lose their license, be arrested and pay a fine.    The defendant could be taken back into custody and the bail could be enhanced as a result of this criminal act.       The client could be subject to criminal charges of conspiracy to commit fraud.    Trying to save money with a bail bond is a big mistake.     The California Dept of Insurance is actively investigating bail bond agencies advertising “little or nothing down.”     Buyer beware.    

6.  Back to the California Dept of Insurance website.   http://tinyurl.com/rbkwvn     Look carefully at all the information about the agency.   Look at the address of the agency.   Length of time they’ve been in business is important.   Look at the number of Sureties that have appointed this agent or agency.    This is another red flag.    If you see an agent or agency jumping from Surety to Surety that would be a red flag.     Why do they need to keep changing Sureties?  (a Surety is the insurance company that underwrites the bail bonds for the agent or agency).

7.  Make sure the bail bond agency that you call actually has an agent that lives in the city where your loved one is in custody.   And not just a “posting agent.”    Definition of posting agent is a person that merely takes the bond to the jail.  You won’t have any interaction with this person.   Many bail bond agencies claim to have offices all over California.  When in fact they’re in L.A. or even outside of California and using fake phone numbers with area codes for your city.  Another clue about a bail bond agency that operates in one city and claims to be EVERYWHERE is the information they tell you.  Did the agency tell you they were in contact with the jail in San Diego?  Or they need to gather information from the jail?    This is “double talk” for scrambling to find someone to post the bond for them in San Diego.    The San Diego County Jails are set up to be “user friendly” for the general public, attorneys and bail bond agencies.    Everything you need to know can be found on the San Diego Sheriff’s website.     www.sdsheriff.net   Check the Sheriff’s website yourself.  The process is 4-10 hours before an inmate is cleared for a bond and eligible for release in most cases.   No smoke and mirrors in San Diego.     A bail bond agency in Los Angeles has no idea how we operate in San Diego and will keep feeding you misinformation while they scramble to find someone to post your bond.   If that’s the kind of business you’re looking for I wish you luck.   Most people prefer working with a licensed Bail Agent from start to finish.   Not a drive through bail bond agency where you pay your money and hope when you call them again they know you and something about your case.   

 When you call Bail Bond Woman you’re getting a California licensed Bail Agent since 1996.    I physically live in San Diego and when you call Bail Bond Woman you’re speaking to the actual Bail Agent that will go to the San Diego County Jail and meet your loved one.    Not a posting agent that will post the bond and leave.     The relationship starts with a bail bond and doesn’t end until the case is closed.    Visit my website  www.bailbondwoman.net   you will see my license number is prominently displayed.     If you click on this link    http://tinyurl.com/4y3pukz  you can see my name, address, how long I’ve been licensed and the dba Bail Bond Woman was approved in 1998.      I was appointed by Safety National Casualty Corporation in 2002.    Read the Customer Reviews  http://tinyurl.com/5twcudw     The customers that wrote these reviews wanted others to know the type of service you can expect when you call Bail Bond Woman.   

The trauma of learning your loved one has been arrested is overwhelming.   Having to deal with an inferior bail bond agency is the last thing you need at this difficult time.    Do your homework before you decide what bail bond agency to use.

Chapter 14 / Immigration Hold Disaster

You just visited the Sheriff’s website and found your loved one in jail.    http://tinyurl.com/sdjail 

When you see the name of your loved one,  click on the name to see a pop up window with the Inmate Detail.    Go down the page to the bail information.   If  you see “Not Eligible for Release” this means the inmate is still being processed.    From the time an inmate arrives to the time they clear could take 4-10 hours on average.     Once the inmate clears the bail information will change to “Eligible for Release” and the bail amount will be displayed.   What happens if the inmate isn’t eligible for release? What if there’s a HOLD placed on the inmate?    What causes a Hold?    Violation of Parole or Probation can cause a Hold on an inmate.  You might see “State Parole Hold” on the inmate detail.   These inmates cannot be bailed out.

What about an Immigration Hold?      If an inmate cannot prove they are in the United States legally the “ICE” or Immigration Customs Enforcement officer assigned to each San Diego County Jail has the authority to place a hold on an inmate until the court either releases the hold or the inmate is taken to a Federal Detention facility and goes through further proceedings to decide if the inmate will be deported, held or released.     During the past year the number of Immigration Holds have increased due to the fact that ICE Agents are placed at each San Diego County Jail 7 days a week and 24 hours per day.   Every inmate is screened for documents which prove they’re in the U.S. legally or haven’t violated the Visa Waiver they signed when they entered the U.S. agreeing not to break any laws while in the U.S. as a guest of this country.   Visit the U.S. Dept. of Homeland Security website for more information about the Visa Waiver Program.     

http://tinyurl.com/3tr64vl 

Most people think that an Immigration Hold is something placed on a person that entered this country illegally.   Times have changed.   A student visiting from a foreign country or someone here for a vacation could find themselves in a San Diego County Jail with an Immigration Hold placed on them by merely getting arrested.     One might think a simple charge for a DUI is no big deal but you’re wrong.    If you’re a U.S. Citizen it’s a $2,500. bail for your first DUI and you’re out of jail.   If you’re here as a visitor in the U.S. it’s a $2,500 bail and an Immigration Hold placed on you because you violated the Visa Waiver you signed upon entering the U.S.    Your vacation just became your worst nightmare.    Getting arrested for a DUI has a domino effect.   If you were driving a rental car it was just towed to a storage facility for about $350 and add about $35+ per day until your rental car company retrieves it since they’re the registered owners.    Your hotel room could be a problem if you fail to return and check out on time.    Your belongings will hopefully be stored and not lost.   You can’t call home unless you know the phone numbers since they take your cell phone away from you and its an International Collect Call which will be very expensive if someone answers your call.   If you’re a student you risk being deported and kicked out of school.   Not to mention if you’re here on vacation you might miss your flight home and incur more expenses.     As you can see this has all the makings of a disaster no one ever anticipates or knows how to handle.

Can you post a bail bond for someone with an Immigration Hold?  Yes, you can post a bail bond for someone with an Immigration Hold but be aware that ICE has 48 court hours (weekends and holidays don’t count) to pick up the inmate.    If ICE doesn’t pick up the inmate (rarely) within that time period the inmate will be released out on bond.     So even though you posted a bail bond the inmate won’t be released directly from the San Diego County Jail unless ICE decides not to pick them up.    If ICE picks up the inmate from a San Diego County Jail the premium was contractually earned by the Surety for the bail bond because they were technically released from the San Diego County Jail.    Once the inmate is at a Federal Detention facility the decision to deport, release or hold the inmate is made through Immigration proceedings.  The bail bond posted for this inmate has future court date(s) for the San Diego Superior Court.   If the inmate is being held in a Federal Detention facility they cannot appear at their Superior Court proceedings.   The bail bond will forfeit and the person responsible for the bond will have to pay for any and all fees agreed to when the bond was written.  Such as court fees for the forfeiture of the bail bond and even the full amount of the bond if it goes to Summary Judgment.   If the inmate is ultimately deported the documentation from Immigration must be obtained in a timely fashion to exonerate the bond upon a motion to the court.     As you can see the situation is a gamble and could end up being very costly for the person taking financial responsibility for a bond with an Immigration Hold.    It would be in your best interest to consult with an attorney who has knowledge about immigration law before you decide to post a bail bond for someone with an Immigration Hold.

So what do you do if you can’t afford the bail bond and your loved one is stuck in a San Diego County Jail with an Immigration Hold placed on them?   Put money on their books via the San Diego Sheriff’s website:    http://tinyurl.com/3wtwbc2

The maximum deposit to an inmate’s account is $500.  Everything can be done online through the above link.  Gift Packs can be sent to inmates through this link as well.   Email the inmate once per day and buy prepaid debit cards so they can make phone calls without calling collect.     If you have someone in San Diego the inmate can have Social Visits which can be scheduled online through the Sheriff’s website.   Track the inmate through the Inmate Detail for court appearances and any changes in their bail amount and hold status.     When you no longer see this inmate in custody on the Sheriff’s website it usually means they’ve either been released or taken by ICE to a Federal Detention facility.      To check the Federal Detention facility for Immigration Inmates you need the number off the Sheriff’s website Inmate Detail at the bottom of the page next to the Immigration Hold.    The number you need starts with the letter “A” which is the immigration case number assigned to this inmate.     Call  800-973-2867 to check on the Immigration status.    Being there supporting your loved one is the best thing you can do until the case can be resolved.

Related Article:  Immigration Detainment Policy   http://tinyurl.com/3l7wf47

Chapter 13 / To Bail or Not To Bail?

So comfortable in your bed.   Sound asleep dreaming about winning Mega Millions.    And then…the annoying sound of your phone awakens you at 3am.   Who could be calling me at 3am?   You answer the phone and I tell you that your son or daughter is in jail and they need your help.     Your first response is shock.   No parent ever wants to get “that call” and be told their child is in jail.  I’m referring to a child that’s at least 18 years old.   A child arrested under 18 years old would be at Juvenile Hall.  I receive calls from San Diego County Jails where the inmates are a minimum of 18 years old and considered adults.   In the big scheme of things I’d rather be telling a parent their child is in jail versus the County Medical Examiner calling to have them identity their child’s dead body.     Once the first shock is over most parents want to get their child out of jail.   If the bail is too high read Chapter 12 about Bail Reduction.    Perhaps the bail amount is affordable but you believe the “jail experience” will be good for your child as a valuable lesson.  Tough love.   Think long and hard about this decision…..”to bail or not to bail?”

A defendant only gets one shot at a first impression.    When a defendant comes into the court wearing a jail suit with handcuffs with a reasonable bail amount set this generally communicates to the court this person has no support.   No means for bailing out of jail.   Possibly no friends or family in San Diego.  Maybe this man or woman is homeless and has no job.    Or they’re a flight risk and friends and family believe they won’t return for future court appearances and that’s why no one bailed them out.   We can story this one all day long.   When I see a defendant standing before the judge with a bail amount which is reasonably affordable and still in custody I see a red flag.    When a defendant walks into the courtroom in their own clothes with their family and friends in tow,  the message is strong that this person has support.  Being able to appear in court out on bail sets a totally different tone to the judge and District Attorney.    I’ve learned over the years from listening to attorneys that they would rather represent a client out of jail versus one in jail.    A defendant presents themselves better out of jail.

Back to the original question.   Your child is in jail and you can’t decide if you should bail them out of jail.    Your child knew better but still made an “error in judgment” and got arrested.  Do you really want your child in jail with real criminals?   People arrested for serious crimes and that would love to take your child under their wing and teach them some new tricks.   Getting arrested is very serious no matter what the charges and given an opportunity to bail out of jail is a gift that shouldn’t be overlooked.   Leaving your child in jail to teach them a lesson may sound good in theory but the risk is on the table for the bail amount to be increased, decreased or stay the same if the case is filed at the arraignment.     A defendant must stay in custody throughout their case if there’s a bail amount set.    Depending on the charges the case could take several weeks to several months.   Which creates another problem for communicating with your loved one.    The telephone calls are expensive from the jails and the calls are recorded.    See Chapter 11.

So when you get that call at 3am and you can’t decide if you should leave your child in jail or bail them out, think about the ramifications of leaving them in jail.    It’s about how you present yourself in court.  Dressed in your own clothes or in a jail suit?   May sound like no big deal but wearing your own clothes and out on bail versus Smurf suit and handcuffs sends a powerful message to the court.     A defendant must demonstrate credibility and trustworthiness with their deeds and actions.      Bailing out of jail and returning to court for each court appearance on time is the first step in demonstrating trustworthiness.  Actions speak louder than words when it comes to criminal justice.

Chapter 12 / Bail Reduction

What happens when the bail is too high and you simply cannot afford to bail out of jail?    Most charges involving child endangerment, threat of great bodily injury or death will carry very high bail amounts.   High bail amounts are usually upwards from $100,000. to $1 million.   In cases involving death the court may order a $0 bail until the defendant makes the first court appearance.     The intent being to make sure the defendant will return to court and face the charges brought against them.       

Let’s use the example of a DUI with bodily injury which is a felony.   The bail is $100,000.    In order to bail out of jail prior to the arraignment the defendant would need to come up with the 10% of the bail amount which is $10,000.     What if you don’t have $10,000.?    Without the ability to post bail a defendant must stay in jail until the case comes to some closure.   What if the bail amount was lowered to something the defendant could afford?    The terminology is BAIL REDUCTION.     How do you get a bail reduction?    First you need an attorney to appear before the court on your behalf.     The attorney is either your own attorney or the public defender.   The request for a Bail Review Hearing is usually discussed at the arraignment or the first appearance by a defendant before the court.     In some cases the subject of the bail amount is discussed during the arraignment and there’s a possibility the bail will be reduced prior to a Bail Review Hearing.    Here’s a list of factors the court considers when discussing a reduction of bail:

  • Has the defendant lived in San Diego County for a substantial amount of time?
  • Is the defendant a “flight risk?”
  • Criminal record for prior convictions?
  • Has the defendant ever been out on bail and failed to appear?
  • Does the defendant have a job?
  • Does the defendant have family ties to San Diego County?
  • Will this defendant be a threat or pose danger to the community if released on bail?

Family members are encouraged to be present in the courtroom during court appearances which demonstrates support.      The judge will take everything into consideration before making a ruling on the bail amount.      

How do you find an attorney experienced in criminal law and bail reductions?  Your favorite search engine or website for listings of criminal defense attorneys.     If you cannot afford your own attorney the public defender will represent a defendant in custody.     A Bail Review Hearing is scheduled upon request for every criminal case where the defendant is in custody and cannot afford to bail out of jail.    

When the bail amount is just too high and the defendant must stay in custody the best thing a family can do to help their loved one is continue to communicate with them and offer support.

  • Attend your loved ones court appearances
  • Send an email once a day
  • Schedule Social Visits
  • Purchase Prepaid Calling Cards to save on collect calls
  • Put money on the books so they can purchase items in the commissary

Useful links:

San Diego County Sheriff Website:    www.sdsheriff.net

Bail Bond Woman Website:  www.bailbondwoman.net      Click on USEFUL LINKS and click on “Who’s in Jail“   Type in the last name and first name of your loved one and their name will appear.  Click on their name and an Inmate Detail will appear.  In the middle of the page you will see links to the Email, schedule social visits, add money to their books for purchases in the commissary and  other useful information.    At the bottom of the page you will see the bail information, charges and court information.

Chapter 11 / Collect Calls From Jails

Inside most  jail cells at San Diego County Jails are 2 phones.   One phone is for calls in the 619 area code.   An inmate can call any phone number with a 619 area code as long as the phone is working.    Free phones break all the time.   Wonder why?  Inmates break the free phones for whatever reason.    The only other phone is for collect calls.    The collect call phone is for any calls outside the 619 area code.   Even though 858 and 760 are area codes in San Diego County the calls are outside the 619 area code and are therefore collect.   Why?  I don’t understand why inmates can’t call area codes inside San Diego County without calling collect.    Cell phones cannot receive collect calls unless you set up an account with PCS.    At  888-288-9879.   Have your credit or debit card ready.     The process takes a short time and once the PCS account is set up collect calls from the jails can be received on your cell phone.      If you would like to set up an account for the inmate using the PCS DailyDebit calling plan click on this link:   

  http://tinyurl.com/6j54l5l   

Additional funds can be added thru the commissary to the inmates account so they can make prepaid calls to you rather than the more expensive collect calls.

Now that you understand how these phones work let me tell you a little more information about these phones.   Each time you receive a call from the PCS Collect Call phone a recording comes on telling you the call is being recorded.   Let me repeat myself.   THE CALLS ARE RECORDED.    Each time an inmate makes a call using this phone they must enter their booking number.    The booking number is attached to each call.    Let’s put the puzzle together.    The collect calls are recorded.   The booking number of the inmate will be attached to the collect call.   The recordings of all calls are accessible by the Sheriff and the District Attorney’s office.     San Diego Criminal Defense Attorneys have complained about the calls being recorded even when they’re speaking with their clients in custody at San Diego County Jails.     When someone is in jail most of their rights are taken away.  You want privacy?  Don’t get arrested.   Avoid discussing your case while in custody.  

The cost of collect calls from San Diego County Jails is a pet peeve of mine.    Recently I noticed on my own monthly bill a charge of $2.49 for a Billing Statement Fee.     ILD Services handles the collect calls thru PCS in San Diego County Jails.    Each month if you take ONE collect call from a San Diego County Jail you will see a charge on your phone bill for $2.49 for the luxury of having it on your phone bill.    Then the usual taxes and regulatory fees plus the charge for the calls.    A collect call from San Diego County Jail is $1.00 per minute.      A DOLLAR PER MINUTE!!!     This is insane.     First its insane to make an inmate call collect to a bail bond agency to arrange bail.  Since when does a retail store pay to talk to a customer that may or may not use their services?    Many bail bond agencies cannot afford to take these calls which leaves the inmate using the big agencies that seem to have a monopoly on the bail bond business in San Diego.     The smaller bail bond agencies like myself offer a better service for the clients because we’re not juggling 50 calls at the same time and making people sit on hold or forget to call them back because we’re too busy.     Mom and Pop bail bond agencies serve a purpose and the collect calls from the San Diego County Jails are going to run them into the ground.     Now that I’ve talked about the collect calls to bail bond agencies……how about the families and friends?     A mother and father that want to speak to their child in jail must endure these excessively high charges from PCS.    A dollar a minute.    The average call to negotiate a bail bond is about 20 to 30 minutes.   That translates into $25-$30 for one phone call.    How about relatives and friends of people in jail?     The charges can go into the thousands of dollars if they can’t afford to bail them out of jail.    We’re all penalized for the arrest.     We didn’t commit a crime but we’re being penalized.  

The Eighth Amendment of the U.S. Constitution reads:  “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” 

Requiring an inmate to arrange a bail bond while the calls are recorded is unusual punishment in my opinion.   When you go to the bank to apply for a loan are your conversations recorded?     I doubt it.    This is a very personal matter and I don’t believe the District Attorney or the Sheriff should be allowed to hear your confidential conversation with your Bail Agent.    Furthermore, I do not believe an inmate should have to pay to speak to a Bail Agent.   The bail bond agencies are allowed to pass on the cost of the collect calls to the client.     The extra charges can be in excess of $30 to $50 depending how many times inmates call the bail bond agency while they’re confused why they’re still in jail after 14 hours or more.     The booking and release process at Central Jail can exceed 20+ hours in some cases and inmates become very paranoid about whether they’re going to bail out or not.    So inmates call over and over to find out what’s taking so long.     More calls and more dollars wasted.    PCS is enjoying high profits from all the calls coming from our jails.    Back in 1996 when I started working as a Bail Agent all the calls in 619 area code were FREE until the inmate moved into General Population.    This gave inmates plenty of time to use the phone and arrange bail.    Part of the problem is the number of inmates inside a jail cell trying to use the single free phone.   If an inmate takes too long all the rest of the inmates suffer.      When the free phones break this is a huge problem for everyone.    

Do you have any phone numbers memorized?   Most people have become so attached to their Smart Phones and everything is on speed dial.    People don’t dial their phones anymore.     Merely touching the name dials the call.    See if you can write down the phone number of 3 people you would call if you got arrested?  I bet most people can’t complete this task.    The jails take your cell phone and the rest of your personal property and bag it up when you’re booked in.    No phone.   No numbers memorized.    Oh what to do….what to do???    So you look at the list of bail bond agencies.    Oh….the FREE phone is broken in your cell.    Now you must use the collect call phone.    The phone is very confusing.   You must enter your booking number and then say your name.    If you don’t say your name clearly most bail bond agencies won’t take your call.    So you call another bail bond agency and another.    You finally get through to a bail bond agency and you say “I don’t know any phone numbers of anyone that can bail me out of jail.”   CLICK.      Many bail bond agencies will hang up on you.    Cell phone numbers are not listed like landline numbers.   Most people don’t have landlines anymore.    Looks like you’re going to stay at the jail for a while if you don’t know any phone numbers or have enough money for the bond to bail yourself out.   

Here’s my personal recommendations for how we can fix this problem.    

1.  Allow inmates to write down at least 3 phone numbers from their cell phone before the arresting officer bags up the property.       

2.  Allow inmates usage of the free phones until they’re moved into General Population.     Allow the bail bond agencies the ability to negotiate bail bonds without having the calls recorded or be forced to pay the excessively high cost of collect calls.    The transaction is confidential and should not be recorded for any reason.  Calls to Clergy are not recorded.    ???

3. Many jails and prisons in California have a set fee for calls.    Like a 15 minute call is a flat fee of $3.50.   This is far more reasonable than $1 per minute plus the Monthly Statement Fee of $2.49 and the taxes and regulatory fees.

Chapter 10 / Don’t Mess With Judges

The judge.   The person in the black robe.   The person with the power to make your life a living Hell if you break the rules of the court.    The judge has the power to make your life miserable with the stroke of his/her pen.    If you think you can get through the court system without following the rules plan on going back to jail.  

Here’s a true story of what happened to a defendant who was late for court.     The defendant was out on bail and was scheduled for court.   The charge was a misdemeanor.   The court appearance was for a Jury Trial which made it even more important to be at the court on time.   A panel of jurors were scheduled to be at this courtroom.   These people are taking time away from their jobs and daily routines to do their jury duty.    When it was determined the defendant was a no show the judge forfeited the bail bond, issued a Bench Warrant and tripled the bail amount.    The defendant arrived 45 minutes late.   By this time the judge wasn’t going to reverse his order.   The judge remanded the defendant back into custody.   In other words back to jail.    The judge was confident the defendant would be on time the next day.   He was correct.   The defendant assumed the court appearance would be made the next day and then be released that evening.   Unfortunately the situation didn’t play out that way.    This defendant remained in custody for over a week.   The moral of the story is be on time or you could go back to jail and remain in custody until your case comes to some closure if you cannot afford to bail out again.   The judge had the ability to reverse the order but decided he needed to teach this defendant a lesson.    This could happen to you if you’re late for court.

Here’s a list of things you need to know about courtroom rules:

  1. Be on time to the assigned courtroom
  2. Cell phones must be turned off 
  3. No food, drinks or chewing gum
  4. No hats
  5. No weapons
  6. No tank tops or t-shirts (wear a shirt over your t-shirt or tank)
  7. You must wear shoes

One more thing……never leave the court without your documents.   This is your only proof you were at the court.   The court document has your name, case number, charges and future court appearance information.    You need this piece of paper.   If you leave the court without this document you were never there in the eyes of the court.

The judges in San Diego County do their very best to be consistent with each person that comes before them.    By following the simple rules of the court you should be able to get thru this chapter in your life.    Break the rules and you will find yourself back in jail.     Don’t mess with San Diego Judges.

Chapter 9 / Busted for Drugs

The last words anyone ever wants to hear from a police officer is “you’re under arrest for possession of a narcotic or controlled substance.”   This is more than a “game changer” because this will change your life forever.    A FELONY conviction on your record is going to affect every job application you complete.   Your DNA will be in the Criminal Justice records.   You will be assigned a CII number  (Criminal Investigation Identification number) for the rest of your life.    If that isn’t scary enough you might end up doing time in jail.   In hindsight did you really think you could purchase controlled substances in San Diego and stay under the radar screen?    San Diego has some of the best undercover police officers in the country.    They blend in with the people who like to hang out in some of the most popular places in San Diego…..like the Gas Lamp and Pacific Beach bars.   If someone offers to sell you drugs……JUST SAY NO!      Buying drugs from an undercover police officer will be a guaranteed free trip to San Diego County Jail.    Don’t be tempted by the Dark Side young Skywalker.    Darth Vader lives in San Diego and is masquerading as an undercover cop just waiting to ruin your life.    Don’t be tempted to buy anything from someone you don’t know.   Especially something illegal.   San Diego has a problem with people using illegal drugs and  Sheriff Gore has made illegal use of prescription drugs and DUI‘s a top priority.    The jail lobby’s in San Diego have drop boxes for prescription drugs no longer being used or needed.    What more do you need to know?     We have a serious problem with illegal prescription drug use in our little town.     Let’s see…..what are the top 5 drugs of choice for those unable to get them the old fashion way….by going to the doctor and needing them prescribed for a medical condition.   Hmmmmm….what could they be??

  1. Vicodin
  2. Xanax
  3. Soma
  4. Adderall
  5. Oxycontin

Ok.   I’m not going to lecture you on the pro’s and con’s of doing recreational drugs.   I’m going to tell you recreational drugs will ruin your life.   Especially if you get arrested for possession of a controlled substance.    Even worse if the quantity is more than “personal use” the charge will be possession of a controlled substance for sale.    Now you’re in real trouble.   Don’t do drugs or sell them.    Just because your friends are doing drugs doesn’t mean you need to do them too.   The mature adult is the person that knows doing recreational drugs is dangerous and stupid.   How many celebrities are in rehab right now for doing illegal drugs?   How many have died?   Don’t be a statistic. 

Did you know the charge 23152(a)VC is for a DUI which stands for under the influence of alcohol or DRUGS.   If you’re taking a controlled substance without a prescription and driving a vehicle the result will be the same if you were drinking and driving.    You can be pulled over by a police officer and given a sobriety test and possibly searched for possession of an illegal drug.    When the officer finds a controlled substance or narcotic in your possession without a prescription the arrest and trip to San Diego County Jail is a sure thing.  

If you’re reading this chapter it’s probably because you got arrested for possession of a controlled substance.    So now what do you do?     A criminal defense attorney in San Diego told me a long time ago the best thing a person can do when they’re arrested is keep your mouth shut.    Talk to your attorney and the two of you will figure out a plan of action.     Depending on the amount of the drug you had in your possession or under the influence of this drug will determine how the District Attorney will proceed.     We’ve been very blessed to have Bonnie Dumanis as our District Attorney for the past 7 years.    Dumanis was an attorney and a judge before she was elected to District Attorney.   Due to some tragic personal issues Dumanis has personal knowledge of the dangers of using drugs and the need for rehabilitation.    When she became a judge she started the Drug Court in San Diego.   Giving our community an opportunity to get rehabilitation instead of going straight to jail to do time.   The Drug Court has been successful in helping our citizens turn their lives around for the better.     The moral of the story is if you’re using drugs and you’re addicted to drugs get help.    The right thing to do is look in the mirror and say to yourself…”I have a problem with drugs and I need help.”     Once you reach this point help will be on its way.

What about the person arrested for possession of a controlled substance or narcotic and it wasn’t their drugs?    I’ve had clients that were riding in a vehicle and pulled over by a police officer.     When the officer couldn’t determine ownership of the drugs everyone in the vehicle was arrested and the mystery was resolved in court.     Let your attorney advise you on how to handle this situation.     The best thing you can do is refrain from discussing the case with anyone except your attorney.    

The best way to avoid being arrested for possession or under the influence of a controlled substance or narcotic is never do them or buy them.     Before you make that purchase or swallow a pill think about the consequences of your actions.    Do you really want to spend the next few years urinating in a cup to see if you’re clean?   Do you want your 4th Amendment rights taken away from you?   (Law enforcement can search you anytime without the need for a Search Warrant)  Are you prepared to go to jail for a very long time?    Every time you complete a job application that question will be there…..HAVE YOU EVER BEEN CONVICTED OF A FELONY?    Don’t let this happen to you.

Avoid the people in your life that do illegal drugs.    When you change your circle of friends the ability to stay clean is much easier.    It’s not cool to do drugs.   Take it one day at a time.

Chapter 8 / The Cure for Warrants

What causes warrants?    The best way to answer this question is something went wrong with your criminal case.     If your case was filed as a felony you are required to be at each court appearance.    Failing to appear in court will trigger a  BENCH WARRANT  for your arrest.    The judge can set a higher bail for you or a NO BAIL WARRANT can be issued for your arrest.   The severity of the warrant will depend on your charges, the case and input from the District Attorney.    For active warrants issued in San Diego County check the San Diego Sheriff’s website: 

http://apps.sdsheriff.net/warrant/waar.aspx

Other types of warrants can be issued for failure to complete something in your plea agreement at sentencing of your case.    Such as taking classes for a DUI or drug case conviction.    Failing to do your community service.    Failure to show the court in the time period alloted completion of classes.     Contrary to what you may have thought about the County of San Diego we do not have a Collections Dept.     Making payments for fines is a very serious matter.    Failing to pay your monthly payment on time will trigger a warrant for your arrest.    This will give you an opportunity to see the judge again and explain why you didn’t make your monthly payment on time.    If you know you won’t be able to make a monthly payment on time the best thing you can do is contact the court rather than waiting for the Sheriff’s Deputy to show up at your door to arrest you on a warrant.

What’s a Fugitive Warrant?   A warrant issued outside of San Diego County for a case filed somewhere else and they want you to return to court to face the charges brought against you.      An example would be a felony case out of Oregon and they put the warrant into the NCIC system.    NCIC stands for National Crime Information Center which is a computerized index of criminal justice information.       When you’re arrested and the jail runs your fingerprints they’re running them through this computer system.    If a warrant pops up while in custody that information will be communicated to the county or agency that filed the warrant.     A HOLD can be placed on you while in custody giving them an opportunity to extradite you back to where the warrant was issued.  In this case back to Oregon.

What if your case wasn’t filed when you went to your arraignment?    The District Attorney for felonies and City Attorney in San Diego for misdemeanors has 12 months from the date of your arrest to file the case.    If the case isn’t filed within that 12 months it goes away.    At any time during the 12 months a letter may be sent to you if they changed their minds since your arraignment.     The Superior Courts in San Diego County will not forward mail to you if you’ve moved since your arrest.     The job of keeping the court notified of any change of address during the 12 months after your arrest is your responsibility.     Many times I’ve had clients that were arrested and went to court only to find out their case wasn’t filed.     Thinking they’re home free they move on with their lives.   Literally move on and forget to notify the court of a change of address.      A decision to file your case will generate a letter sent to you requiring you to appear in court on a certain date.     A letter returned to the court because you no longer live at the address will cause a warrant for your arrest.     Remember its your job to keep the court informed of your address for 12 months from the date of your arrest.     

An active warrant is like a hand grenade with the pin pulled.    Any time law enforcement stops you and requests to see your driver’s license you can pretty much guarantee you’re going to jail for an active warrant.     Getting stopped for a tail light out or speeding could trigger an officer running your driver’s license for active warrants.    The most common place people get caught for active warrants is at the DMV when renewing a driver’s license.     Believe it or not I’ve had a number of clients arrested on cruise ships coming into the Port of  San Diego.    The manifest or passenger list is given to ICE ( Immigration Customs Enforcement) and they’re checking out every passenger for active warrants.      Getting handcuffed and removed from a cruise ship as it pulls into port is embarrassing to say the least.    Not to mention all of your luggage is taken to the police station and held in storage until arrangements can be made to pick up the luggage.       Any time you leave the United States and return you’re going to be checked for active warrants including the airport.      DUI Checkpoints are another busy place for law enforcement to run your license to see if you have an active warrant.        

The question you need to ask yourself is “do you really want to be living in fear that one day when you least expect it you’re going to jail for an active warrant?”      No one should live with the fear of being arrested.     So what can you do to make this warrant go away?    

Plan A – Call Me

If you have a warrant in San Diego County I can get it cleared for you and get you back on calendar to see the judge.     Clearing a warrant is just like posting bail when you’re in jail without going to jail.    The rules are the same as bailing out of  jail.   You’re out on bond.      The worry of having an active warrant is over.      A sense of relief will come over you because you know this headache is almost over once you face the judge and resolve the problem that caused the warrant.      You’ve made the right decision to take responsibility for the warrant.

Plan B – Call Your Attorney

Call the attorney that represented you on your case.   The case number is on the Sheriff’s website with your warrant and on the letter from the court notifying you of the warrant.    Your attorney will handle the warrant and get the case back on calendar at the court.    

Plan C – Go to Court

This is ”risky business” if you appear at the court to try to clear the warrant yourself.    You can request to be put on calendar for the morning or afternoon session.    Just be aware that once in court the judge has the discretion to have you taken into custody.        When warrants are very old ( issued more than 12 months ago) you can almost bet the judge is pretty upset with you and in some cases decide a little jail time is good for the soul.

What can you do to avoid warrants?    Make sure you go to court every time the court requires you to be present.   In the case of misdemeanors make sure your attorney is making the appearances on your behalf.    Yes, I’ve actually had this happen to my clients.    Attorney’s that forgot to appear for my clients and warrants were issued for their arrest.     A good rule is to stay in contact with your attorney to make sure the court appearances are being made each and every time.     The loser is you if they miss an appearance.        If you’re out on a bail bond the responsibility is yours to make sure court appearances are made.         

What about the warrant issued for a defendant that left the court without their court documents?  This has happened to my clients.     You get to court on time.  Go before the judge.   You’re scheduled for future court dates.    Only problem is that you left the court without getting your court document.    Read this carefully.      NEVER LEAVE THE COURT AFTER AN APPEARANCE WITHOUT WAITING FOR YOUR COURT DOCUMENTS.      A long time ago people used the excuse they didn’t know their next court date and failed to appear.    The court got smart and that excuse won’t work anymore.     After each court appearance the defendant is required to wait until they’re given their court document showing their charges, case number and future court dates.     You must sign for this document which acknowledges receipt of your court document.      Therefore you have no excuse why you didn’t know your next court date.     Leaving without this document is an instant warrant for your arrest.    Basically you were there but you weren’t there.       

After you’ve been sentenced make sure you complete everything on the plea agreement in the time given by the court.     An example would be 30 days to register for a DUI class.      Failure to register and pay for your class in the 30 day time limit will trigger a warrant for your arrest.      Getting through this obstacle course is simple if you’re organized and do exactly what the court orders.     

If you agreed to make payments for any fines and you would like to make your payments online with a credit or debit card click on this link:

https://tops.sdcourt.ca.gov/TrafficMainMenu.htm   

Sign in with your case number and date of birth.   The due date and balance will be shown on the Superior Court website.   Make sure you make your payments on time or you will have a warrant issued for your arrest and an opportunity to explain to the judge why you were late on a payment.      Print out the receipt with the confirmation number when you make payments online and keep in a file with the rest of your court documents.      Give yourself enough time when making payments online.   Don’t wait until the day the payment is due.   This could result in a warrant for your arrest.    The processing time is 2 court days.   

Check the Sheriff’s website if you ever think you may have a warrant for your arrest and take care of it immediately.   Don’t wait to be arrested.    

 

 

 

 

Chapter 7 / Domestic Violence Nightmare

The sun is just coming up and you’re walking out of the jail at last.   You’re free!    Your mind is racing with thoughts of how did this happen to me?   Was this a nightmare?   How could this happen to me?    At this point the focus must be how to get out of this mess.    The first landmine ahead could be at your home.   Did you share this home with your spouse or partner?  Is he/she still there?   This is a problem.    Returning to the scene of the crime and getting into another argument with the alleged victim could lead to a fast trip back to the jail.      Were you served with a Restraining Order or Protective Order while you were in custody at the jail?    If the answer is yes to some sort of Court Order you cannot go to your home if the victim is inside.     This chapter could get very dicey if you step into the landmine waiting for you at home.   Nothing would make the victim happier then you going back to jail.    Depending on the situation that got you arrested in the first place the victim may not want to see you for a while unless you’re in a Smurf Suit and handcuff’s.    Avoiding the victim is very important right now.    In other words it’s not safe to communicate with the victim and stir things up again.    

Step 1:  GETTING YOUR STUFF

Let’s say you share an apartment with your partner.   Both of your names are on the lease agreement.  Which means you cannot legally evict your partner out of the home.     All of your belongings are inside the apartment and you need to get some things out without getting yourself re-arrested for domestic violence if the situation escalates again.     Do you have a mutual friend that’s willing to get some things for you?    Can that friend call your partner and request that these things be left outside the front door at a designated time?     If no friend or relative is available for this strategic mission you can always call the police.    The police will send out an officer to “Preserve the Peace” when an arrest has been made for domestic violence.    The last thing they want to do is arrest you again for domestic violence.     An officer will stand by while you gather up some things for about 30 minutes.       So what should you take?      Make a list before you schedule this visit to your home.    Being organized is helpful.  

  1. Clothes for work
  2. Clothes for leisure
  3. Clothes for court
  4. Clothes for sleeping
  5. Toiletries and medications
  6. Checkbook, Cash and Credit / Debit Cards ( in your name only)
  7. Other financial information / Investment Savings Accounts
  8. Laptop computer
  9. Car keys
  10.  Work related items you may need
  11.  Contact information of friends and family
  12.  Your dog or cat
  13.  Dog food, cat food, their medications
  14.  Misc supplies you can fit in a duffel bag
  15.  Personal items you want like family pictures, video’s, DVD’s

You only have about 30 minutes to gather up these important items.    A shopping list is very important.   Forgetting something could be very difficult for you to retrieve later.   Especially if the situation escalates.        Once you have your personal items leave the area.

Step 2:  SHORT-TERM  HOUSING

Try to find a place to live for a short-term basis.    Do you have a close friend that has room for you in a spare bedroom or on the couch?    Can you move home for a while with your parents?      Housing in San Diego County is very expensive and accommodations are usually very small in apartments and condo’s.     A wealthy friend with a large house would be great at this moment in time.    Realistically you might find yourself in a hotel or motel.   A fully furnished apartment would work well for the short-term unless the victim is willing to move out of the home you shared.

Step 3:  COPING WITH THIS TRAUMA

The first few days after being arrested for domestic violence will be a struggle.     I’m not a psychologist but I can tell you that emotions run high after this event.    Being arrested is very traumatic.     In most cases this is the first time many people are arrested.     In my experience there’s no stereo typical person arrested for domestic violence.    Law abiding people with good jobs get arrested for domestic violence.    These people aren’t career criminals in the majority of cases.     Once out of jail on bail for domestic violence you might want to seek some sort of counseling to help you cope with the trauma.         

Step 4:  GOING TO COURT FOR DOMESTIC VIOLENCE

Depending on the domestic violence charge your arraignment will be in about a week if it’s a felony 273.5 PC or in about a month for a misdemeanor battery charge of 243(e)(1) PC.     For felony charges you must appear with your attorney whether you hire your own attorney or use the Public Defender assigned to your courtroom.       The day of your arraignment you will find out if the case is being filed.    The decision might not be made until the day of your arraignment.      Detectives will question the victim and the decision to file the case will be left to the District Attorney‘s office.      Whether you hire your own attorney or use the Public Defender they will explain everything to you along the way until your case is resolved.   We actually have a D.V. Court in San Diego where all the cases in this courtroom are for domestic violence.      Resolution of your case may involve Anger Management classes and Couples Counseling if you decide to remain together.    Many times for married people a domestic violence case can lead to a divorce and child custody issues.    Again all of these things are handled with your attorney.     My job is to get you out of jail and make sure you get to court each time the court requires you to be present.    Once the case is over I hope you’re able to get back onto your path and move on with your life.    

Step 5:  LESSON LEARNED

The valuable lesson learned from domestic violence is that it can happen to anyone involved with another human being.      Should you find yourself in another relationship where you fear things could turn ugly…..get out.    Get out FAST.    From your experiences you’ve learned it doesn’t really matter who calls the police.   When someone calls the police for domestic violence you know that one of you will be going to jail.     Don’t let this happen to you again.      I tell my clients it isn’t a bad idea to do a background check on people before you invite them to move into your home.     We live in a time where this type of information is easily accessible online.    Use your resources.    Don’t you wish you could go to a website like Amazon.com and read the customer reviews before you decide to go out with someone?    I’m sure there’s a dating website out there right now that has this feature.    Finding a “love connection” can be very difficult.   Do your homework to protect yourself.   Treat dating like a job interview.   Would you hire this person if you knew everything about their past?   Same thing for inviting someone to live with you that has prior conviction(s) for domestic violence or any violent crime involving an assault.   This is a  RED FLAG.     It’s the old saying ” Buyer Beware!”

Chapter 6 / Domestic Violence

We can all thank O.J. Simpson for putting domestic violence on the map back in the mid 90′s.   San Diego is just a few hundred miles from the O.J. “epicenter” which may explain why domestic violence gets such a quick response from law enforcement.   The bail amounts are high and in many cases the charge(s) are considered a felony.   The decision to charge you with a domestic violence offense is determined by the arresting officer.    A simple pushing and shoving could result in a 243(e)(1)PC, battery on a spouse, former spouse, fiancée, etc., which is a misdemeanor.    The first offense is $10,000.       See the Bail Schedule by clicking this link:        http://tinyurl.com/bailschedule

                               If the officer decides to charge you with a felony 273.5(a) PC  Corporal Injury Spouse/etc,  the bail amount is $50,000 as of January 1, 2012 in San Diego County.   Getting arrested again for felony domestic violence is 273.5(e)(1)PC is  Corporal Injury Spouse/etc with a prior and the bail goes up to $100,000.   A new charge 273.5(a)PC17B4 was added for misdemeanor domestic violence which carries a $15,000. bail.  This charge is defined as:  an injury causing a “traumatic condition.”      The familiar $25,000. bail has been removed.    How will this new charge affect what happens when you get to court?   The new misdemeanor domestic violence charge will be easier to prosecute which ultimately will lead to more convictions and more sentencing for Anger Management classes.   The days of the D.A. rejects for felony domestic violence charges are over in San Diego. 

Let’s start at the beginning.  How did this happen to you?  Is it because you really didn’t know the person very well before you invited them into your home?  Did you meet them at a bar? Online? Through a friend? Using a dating service?  Or maybe you’ve been married for many years and something happened between you and your spouse and one of you just snapped.   Whenever there’s a full moon there seems to be an increase in domestic violence.  Most scientific studies say this is a bunch of hogwash.  I tend to believe the full moon theory by the number of calls I get for domestic violence around this time.

The first thing that happens is an argument.  The arguments are usually about one or more of the following reasons:

  • Money
  • Jealousy
  • One or both are under the influence of drugs and/or alcohol during the argument
  • Housework being unevenly handled by one spouse
  • Too much time at work
  • Too much time watching sports
  • Not paying enough attention to your spouse
  • Catching a spouse in an affair  ( i.e. text messages / emails)
  • Mental Illness undiagnosed ( Bi-Polar)
  • Menopause which causes a hormonal imbalance
  • Spouse is an Alcoholic or addicted to drugs 

Once the argument escalates into yelling, screaming, pushing, shoving, throwing things at each other, breaking things or striking each other you can bet the next knock at your door will be the police.    The victim isn’t always the person that calls the police for domestic violence.    If  you live in a community with shared walls the loud noise will be heard by neighbors.   Since O.J. made domestic violence so BIG in this country people take it upon themselves to call the police so no one gets hurt or worse.   Your neighbor called the police out of fear that one of you might be seriously injured.   Once the police are involved they will separate the couple and try to determine who started the fight and who hit who first.   The person that strikes their spouse first will more than likely be arrested for domestic violence.   The arresting officer needs to remove one of the parties and the sorting out of what happened will be left to the detectives and the District Attorney.   In the old days the police officer played the referee and just tried to calm everyone down.   Not anymore.  If the police come for domestic violence someone is going to jail. 

What if you were the victim and the police arrested the wrong person?   This happens all the time.   The police have to go by what they hear from the couple when separated and what they see as far as cuts and bruises.  Photographs will be taken of the injuries and property damage.  The photographs will be used as evidence.   Hopefully you will be able to bail out of jail and your attorney can tell your side of the story once you get to court. 

On your way to the jail its advisable to be nice to the arresting officer.  This could be your only hope of getting bailed out of jail if you don’t have phone numbers of family, friends and co-workers memorized.   The majority of our population uses speed dial on cell phones.   The few that still memorize phone numbers are a minority.  The jail takes your cell phone and seals it in your property bag.  You won’t see your cell phone again until you’re released.   SO…….. Ask the officer if you can write down some phone numbers or a credit card number on your hand (with the expiration date and CVS code on the back of the card) so you can bail yourself out of jail.   Most people who call me in the middle of the night to bail out of jail for domestic violence don’t want their friends, family or co-workers to know what happened to them.  This is a very private matter.    Call me as soon as you get to the first jail cell.  At this point you should have a wristband with your name, booking number and photo.    Plan on spending a minimum of  4-12 hours at the jail.   Once cleared by the jail,  I will be there posting your bond and coming to see you.    San Diego County Jails process bonds and inmates on their timetable.    Many things can cause delays.   Shift changes.  Lockdown.  Inmates being moved around for court.  Be patient and you’ll be out of jail soon.    Once released from jail you’ll need to figure out a way to get your clothes and personal effects if you shared a home.   We’ll cover that topic in the next chapter.

Recommended for Veterans, Military, Reservists, National Guards & Their Families:   

 COURAGE ~TO CALL~   24/7 Helpline  (877) 698-7838      Provides free, confidential information, guidance and referrals.

Chapter 5 / Court for a DUI

If you were arrested for a field arrest (a new crime) not a warrant or violation of probation or parole the next step is preparing to go to court for your arraignment.   For a misdemeanor and you bailed out of jail the arraignment will be in about 6 weeks.  Arrested for a felony and you bailed out of jail the arraignment will be in about a week.   The court schedule fluctuates depending on court holidays.   For the inmates unable to bail out of jail the arraignment will be within 72 court in session hours in most cases.    For inmates still in custody go to the Sheriff’s website and view the page for your loved one.    http://apps.sdsheriff.net/wij/wij.aspx  at the bottom of the page you will see when the inmate is scheduled for court.   This information is updated in the evening after each court appearance.   

For those of you out on bail and waiting for your arraignment keep reading.  The example I’m going to use is for the person arrested for a misdemeanor DUI.    The question of hiring your own attorney or using the Public Defender is a decision you have to make yourself.  You have the time to find your own attorney if you can afford one.  Use the Internet to your advantage and try to find an attorney that handles criminal defense cases.    Use the Search Engines and take advantage of websites that have customer reviews.   Read what others have said and decide for yourself.   What’s the advantage of getting your own attorney?   Here’s 3 reasons why you might want to consider hiring your own attorney if you can afford one.

1.  The choice of  the attorney is made by you.   If you use the Public Defender the one assigned to your courtroom will be your legal representation for that day. 

2.  If you hire your own attorney you will meet with them days or weeks before your first court appearance.  If you use the Public Defender you will meet with them the day of your arraignment for a short period of time.

3.  For misdemeanor arraignments in most cases the private attorney you hire makes the appearance for you and you do not need to be present.    If you elect to use the Public Defender you must be present for the arraignment.

What about the people who can’t afford their own attorney?   The court will have an assigned Public Defender that will represent you at your arraignment. 

Let’s start at the beginning for those of you that need to go to court.    First you need to get to the court.   Hopefully you’ve done your homework and you have directions to the court.   If your driver’s license was suspended and you cannot legally drive to the court……DON’T.   We have several courts (El Cajon and South Bay) that are known for doing Check Points outside the court stopping vehicles to check for a current driver’s license.   Many people have been arrested outside the court and never made it inside for their court appearance.  And their vehicles were towed.   If you don’t have a valid driver’s license get a ride.  Take public transportation.  Walk.  Ride a bike.  Spend the night in a hotel within walking distance to the court so you can walk to court in the morning.    You would be surprised how many people get re-arrested for driving on a suspended license.   Ok, you’ve got a way to the court.   Parking.   Do not park at a parking meter.  You will be at the court more than 2 hours.  In most cases parking meters in San Diego only go 2 hours.   Go to a parking lot where you pay a flat fee or by the hour.    The fee will be cheaper than a parking ticket in San Diego.    Do not park illegally or your car will be towed.   If you were arrested for a DUI you know this drill.   It’s expensive and not fun.   Alright.  You made it to the court and you’re on time.   Don’t be late.  Judges hate when defendants are late.   If you miss your court appearance for any reason other than the following: 

1. You were in Jail.

2. You were in the Hospital.

3. You were Dead.

Your bond will forfeit and a warrant will be issued for your arrest.  This will trigger your Bail Agent to start looking for you.   Do you really want Dog the Bounty Hunter coming after you?   The bail amount will increase and you can bet the judge will be very unhappy  when you go before him/her after this Failure to Appear.     Now that you know the consequences of missing court you’ll make sure you get to court on time.   When you arrive at the court you will go through the same type of check in like the airport with TSA.    In this case the people checking you are sworn officers and they have the power to arrest you.   Do not come to court with anything illegal.  For example knives, illegal drugs or prescription drugs that aren’t in the bottle you got from the pharmacy.    You will empty your pockets and go through a metal detector.   Next you will need to check in.  For San Diego Superior Court you will need to check in at the Business Office on the first floor on the west side of the building, Room 1001.   Sign in and tell the clerk why you’re at the court.    If your case is going to be filed you will be given a set of documents to complete.      The document you need to complete if you’re using the Public Defender is the Financial Declaration.    San Diego County wants to know exactly where you keep your money.  You will be signing this document under penalty of perjury so do not misrepresent your income or expenses.    Click on this link and print out the form prior to going to your arraignment.   Go through all your monthly income and expenses and bring the completed form to court so all you need to do is transfer this information onto their form.   Nothing is FREE from this point forward as you may have already figured out.  

http://tinyurl.com/Financial-Declaration

 
Next you will go to the assigned courtroom for your arraignment.   At San Diego Superior Court you will sit outside the Dept 1 courtroom located on the first floor near the entrance/exit until the deputy instructs you to come into the court.   A Public Defender will call your name and take you outside the courtroom and meet with you in a cubicle.   The Public Defender will talk to you about your case.   With a DUI,  the Public Defender will have the BAC (Blood Alcohol Concentration) evidence the day of your arraignment.   In the State of California it’s illegal to drive with a BAC of .08% or more if you’re 21 years old or older.   If you’re under 21 years old having a BAC .01% or more is illegal.    The Public Defender will discuss your case and together you will decide how to proceed.   The Public Defender will speak on your behalf once your name is called inside the courtroom. Before you leave the court make sure you have a copy of your court documents.   If you leave the court without your court documents its like you were never there and your bond will forfeit and a warrant will be issued for your arrest.   Always make sure you have documentation of all court appearances.   If you pleaded Not Guilty there will be future court appearances on your court document.     If you pleaded Guilty you will need to check in at the Business Office again in Room 1001 to make arrangements for paying any fines and finding out where you’ll need to sign up for classes if required.    The court gives you a set amount of time to sign up for classes and complete them.    Missing the deadlines for signing up for classes could result in a warrant for your arrest.    Another opportunity to go before the judge and explain why you didn’t think it was important to follow court orders.    Completing the classes in the time frame you were given works the same way.   If you fail to complete your classes in the allotted time a warrant could be issued for your arrest.   To check and see if you ever have a warrant for your arrest in San Diego County click on this link:    http://apps.sdsheriff.net/warrant/waar.aspx    

If you have a warrant for your arrest call me right away and I can post a bond to clear the warrant and get you back on calendar for the court.   Don’t be surprised if you hear a knock on your door at 7am by Sheriff’s deputies when you have an active warrant.   I’ve bailed out several people in their PJ’s and boxer shorts because the deputies don’t allow you go shower and dress for going to jail.   They take you as they see you.   No matter what you’re wearing or not wearing.    I even bailed out a gentlemen in a bathrobe.  That was all he was wearing.    This isn’t meant to humor you.   Failing to complete something you were ordered to do is serious and if you don’t want to go back to jail make sure you do exactly what the court orders on their timetable.     

What about paying fines?   For DUI’s the fines are pretty steep.   Most people need to make payments for their fines.    The County of San Diego is more than willing to set up a monthly payment schedule for you.    Making payments online click on this link:

https://tops.sdcourt.ca.gov/TrafficMainMenu.htm

WARNING…..The County of San Diego doesn’t have a Collections Dept.    A late or missed payment will lead to the push of the button………WARRANT FOR YOUR ARREST.    Yep…….another opportunity to go to jail and explain to the judge why you didn’t’ think it was important to make your monthly payment on time.    The bail amount could be double or more than your first arrest.    Like $5,000 or $10,000 depending on how many times you screw up.    If you don’t have the money to bail out its going to be a very long 3 to 5 days before you go before the judge again.  Murphy’s Law its going to be the same judge each time.       So if you agree to making payments for your fines, court costs (the fee for the Public Defender because contrary to what you thought they’re not free) and any additional penalties, make sure you make your payments on time.    Repeatedly missing payments, failing to complete classes in a timely fashion or failing to complete your community service will lead you back to see the judge.   Which usually means a warrant was issued for your arrest and you’re going before the judge in custody or out on bond again.   The chorus to this song is always going to be the same.   Warrant for your arrest if you make any mistakes along the way.   Once arrested the door to the jail can become revolving if you don’t take this seriously and do exactly what the court orders in the time given.    If you know you can’t make a payment or sign up for a class because you don’t have the money the answer is call your attorney or Public Defender so they can request an extension for you.   In most cases the judge will extend your time to complete classes or pay fines.    Failing to pay the fines and attend the classes without even trying to get help is the worst thing you can do in this situation.    The judges in San Diego County understand we’re in some very difficult economic times and they’re willing to work with you if you’re willing to come forward and ask for help. 

For those of you that pled not guilty and have future court appearances make sure you arrive on time and check in at the assigned courtroom.    You will have an assigned Public Defender that will be at the court for each of your scheduled appearances.  Make sure you never leave the court without the court documents since this is your only proof you were there and you didn’t miss a court appearance.  Your case number, charges and future court dates can be found on this document.    Secure your court documents in a file.     If you retained your own attorney they will advise you throughout your case.  

I hope this information was helpful for those arrested with misdemeanor DUI’s in San Diego County.   This doesn’t have to be a revolving door to the jails and courts if you do exactly what you’re told to do in the time you’ve been given.    Set up a file with your court documents and write down the timeline you have for signing up for classes, completing them and the payment schedule you agreed to with the court.    If you stay organized you can avoid the sand traps and make your way down the fairway.   Good luck.    

In future chapters I will cover other types of court appearances.

Click on this link for information regarding DUI classes and where to sign up:

http://www.sdcourt.ca.gov/portal/page?_pageid=55,1643572&_dad=portal&_schema=PORTAL

Related YouTube Video:

http://youtu.be/DB9WxnfBILU  Emily’s Story.  Arrested for 2 DUI’s.

 

Chapter 4 / Where’s My Driver’s License?

Did you get arrested for a DUI?   Were you arrested in California?  Did you have a California Driver’s License?   If you answered yes to all three questions your license is on its way back home to the DMV in Sacramento, CA.     When you get arrested for a DUI in California you will have court appearances in the Superior Court and you’ll need to handle the driver’s license issues directly with the DMV.   One has nothing to do with the other except for the outcome of your DUI case with Superior Court will directly affect if and when you get your driver’s license back from the DMV.

Upon your release from jail look inside your personal property bag which was sealed by the arresting officer.   Inside this bag you will find a pink piece of paper completed by the arresting officer which is your  TEMPORARY DRIVER’S LICENSE  for the next 30 days.     You will need to have this pink piece of paper with you at all times when you’re driving.    Once the temporary license expires you cannot legally drive anymore.     If you continue to drive after the temporary license expires the penalty is driving on a suspended license and you get another trip back to San Diego County Jail and explain to a judge why you thought is was alright to break the law again.   Or what we call a ”repeat guest.”     So what can you do to get an extension on the temporary license while your case is going through the court?

Step 1.    Read the pink piece of paper you found in your property bag.    In the middle of the page there’s something about a request for an Administrative Hearing with the DMV.    The phone number for the DMV is mysteriously not within this paragraph.   Look up in the top right corner of the sheet of paper.   You will see a (916)  (Sacramento area code) number for the DMV.    Be prepared for busy signals or long wait times to get through to someone at the DMV.    Best kept secret is call a local DMV office and schedule the administrative hearing by telling them you were recently (within the last 10 days) arrested for a DUI.    Request a Temporary Driver’s License at this time.   In most cases your request will be honored.   This temporary license will be a piece of paper mailed to you and there’s no picture on this temporary license.     Can you follow where I’m going with this?    Think……..they took your license.    What are you going to do if you need to take a flight somewhere?   You can’t even buy beer at the grocery store without a driver’s license or government issued ID that show’s your picture and age on it.     Drinking is how you got into this mess.     What if you need to cash a check….like a  tax refund check?   When you check in at the airport they request to see your driver’s license or passport.     What if you don’t have a driver’s license with a picture on it anymore?     Lions and tigers and bears…..OH MY!!!   This isn’t Kansas anymore Dorothy.    If you have a valid passport that hasn’t expired you’re going to be fine.     But what if you don’t?      Are you in the military?    If not, your options are getting less and less.   As you can see getting arrested for a DUI is truly a nightmare that never seems to end.     Let’s figure out what you need to do quickly.    Don’t miss your window of opportunity to get a temporary driver’s license while your DUI case is going through the court system.    You have 10 days to call the DMV.    Don’t blow it! 

Step 2.    The next thing you need to do is get a State of  California Identification Card.   The following information is from the California Dept. of  Motor Vehicles website.   

How to apply for an identification (ID) card

DMV issues two types of ID cards. A regular ID card valid for six years, and a senior citizen ID card valid for 10 years. To qualify for a senior citizen ID card, you must be age 62 or older.

To apply for an ID card you will need to do the following:

  • Visit a DMV office (make an appointment online for faster service)
  • Complete application form DL 44 (An original DL 44 form must be submitted. Copies will not be accepted.)
  • Give a thumb print
  • Have your picture taken
  • Provide your social security number. It will be verified with the Social Security Administration while you are in the office.
  • Verify your birth date and legal presence (you may use your California driver’s license)*****
  • Pay the application fee. (No fee for a senior citizen ID card.)

*****You don’t have a driver’s license anymore.   Now you need a copy of your Birth Certificate.   To get a copy of your Birth Certificate you need to complete an application with the county where you were born.  In most cases this application must be notarized.   Before you can get something notarized you need to prove on the basis of satisfactory evidence that you are the person in front of  the Notary Public.   Which translates to a  valid (not expired) government issued ID with a picture on it.     Since you don’t have a driver’s license, military ID or passport this is going to be more difficult.   Not to worry.    I know how to help you with  this type of notary.     If you’re in this jam…….call me.    I can get you over this hurdle.   (619) 708-0897

Check your address before you leave DMV and tell the DMV representative if your address is incorrect.  Your new ID will be mailed to you within 60 days.  If you have not received your ID after 60 days, call 1-800-777-0133 to check the status.  Have your receipt and/or old ID card with you to provide information when requested.

Remember a  California ID is not a driver’s license.    Do not drive with a California ID.    The result will be another trip back to jail for driving on a suspended license.    Please don’t get arrested again and go before the same judge and explain why you broke the law again.      The goal is stay out of jail and get through this obstacle course.     The key to your success is following the rules every step of the way and don’t procrastinate.      You will get through this and get your life back.    I promise.      Stay on the Yellow Brick Road and you will get to Oz.   

Here’s a quick recap.   

  1. You got arrested for a DUI.
  2. You bailed out of jail.
  3. You found your vehicle.
  4. You found your Temporary Driver’s License.
  5. You called the DMV within 10 days to request an Administrative Hearing  and requested another temporary driver’s license.
  6. You contacted the DMV for a California ID  so you have a government issued ID with a picture on it.

Congratulations!   Keep up the good work.     You’re on your way to getting your life back.

Chapter 3 / Dude, Where’s My Car?

Life was so simple before you saw those flashing red lights in your rearview mirror.   Fortunately you survived the trauma of being arrested and you’re out of jail.     The next question is “where is my vehicle?”    In the majority of the arrests in San Diego County where you were driving a vehicle chances are pretty good your vehicle was towed.   That’s right.  Towed.   Now you have to find your vehicle and bail it out of jail.  In this case the towing company impound yard.   The hunt for your vehicle begins with the arresting agency.    How do you find out the arresting agency?    Do you remember the officer that arrested you?   If not, the information can be found in several places.    In your property bag when you’re released from jail.    On the Sheriff’s website while you’re still in jail.    Someone on the outside needs to visit the Sheriff’s website.   www.sdsheriff.net    Click on Who’s in Jail?   and type in the first 2 letters of the last name and first name.     Click on your friend or family members name.   In the middle of the page the arresting agency information can be found.      Before you call the arresting agency make sure you have the license plate or VIN number ready.    If you don’t have this information the date, time and location of the arrest  and a description (make, model, color and year) will be helpful for locating the vehicle.   

SDPD  (619) 531-2000     CHP  (858) 637-3800     San Diego Sheriff  (858) 565-5200

The arresting agency will tell you what towing company has the vehicle and their phone number.   In a small percentage of the time the vehicle will be parked on the street or in a parking lot and you are so lucky the vehicle wasn’t towed.   Thank your lucky stars because the arresting officer did you a HUGE favor and saved you a ton of money.   If the vehicle was not towed the arresting agency will let you know where the vehicle is parked with a cross street.        

Before calling the towing company you need to locate the registration on the vehicle.    The registered owner of the vehicle is the only one that can retrieve a vehicle from a tow yard.      If the owner is not available to come get the vehicle the tow yard will accept a letter authorizing them to release the vehicle to a driver with a valid driver’s license.   The letter must be signed in front of a Notary Public and can be hand delivered or faxed to the tow yard.   Since I’m a Notary Public I’ve done this type of notary numerous times.     Registration and a valid driver’s license and you’re almost ready.    Call the towing company and find out exactly where your vehicle is located.    Many towing companies have multiple yards and you need to make sure you know exactly where the vehicle is stored.      The towing company will tell you the cost of getting your vehicle out of impound.      The towing companies are open 8am to 5pm, Monday thru Friday.    Even though they tow vehicles 7/24 they’re not open for releasing your vehicle unless you’re willing to pay a  GATE FEE.     The story is that the drivers need to come off the roads to open the magic gate before your vehicle can be released.   The personnel at the yard don’t have this key.    It’s recommended that you call ahead before showing up at a yard to retrieve your vehicle.       If you leave your vehicle beyond 24 hours you will be charged a daily storage fee of around $45.   After 30 days a lien will be placed against your vehicle.     I don’t want to know what happens after 30 days.    Neither do you.   What if the vehicle was a rental car?   Call the rental car company and they will make arrangements to pick up the vehicle and pass along the charges to you.    Not a problem.    Getting your vehicle out of the pound should be a top priority after you’re released from jail.      The majority of towing companies in San Diego County charge in the range of $287 to $400 to get your  vehicle during the first 24 hours including the Gate Fee.  They usually take credit cards, debit cards and cash.   No checks.     Call the towing company before you go to their tow yard and ask all the questions so you’re prepared.      One other thing that could go wrong…..if the registration on your vehicle has expired the tow yard will not release your vehicle until you pay a visit to the DMV and renew the registration on your vehicle.   If  this is a weekend or holiday you can plan on spending more money for having your vehicle stored at the impound yard.      If you’re reading this and you haven’t been arrested……….check your registration on your vehicle NOW……..better to be safe then sorry.

Let’s recap.   You got arrested and made it out of jail.   You located your vehicle and retrieved it from the tow yard.   Bravo.  Job well done.    No time to relax just yet.

Chapter 2 / The Jail Obstacle Course

The trauma of being arrested is probably one of the worst things that can possibly happen to a human being.   Up to this point in your life you were a law-abiding citizen and you’ve never been arrested before.   Buckle your seatbelt…this will be the most humiliating experience of your life.    Your personal items in your pockets or purse are all taken away from you and sealed in a plastic bag.  You won’t see these items including your cell phone and credit cards until you’re released.    Hopefully you were nice to the arresting officer and he/she wrote down some phone numbers from your cell phone on your hand or a small piece of paper.   If you don’t have any phone numbers memorized its going to be a very long stay at the jail.      For the first few hours you will remain in your own clothes and allowed to make phone calls to friends, family or a bail bond agency to arrange bail if one has been set for you.   Depending on the nature of the charge(s) against you there will be a bail amount from the Bail Schedule set for you.    Click the attached link and you can see the bail amounts set for each charge.       http://tinyurl.com/2011-Bail-Schedule

Inside the jail cell are other people of the same gender.   Las Colinas is the only jail in San Diego County exclusively for women.   Vista Jail is co-ed with males on one side and females on the other.    For the sake of this example I’m going to say you’re a woman and you’ve been taken to Las Colinas.    The jail cell may have a few women or several women in there with you.    There are 2 phones inside the jail cell.    One phone is for local calls with a 619 area code.   The other phone is for Collect Calls to any area code outside of 619.     Even if someone is local in San Diego and the area code is 858 or 760 the call must be made collect.  Why?  I have no idea why the phones haven’t been updated to allow inmates to call local area codes prior to being moved into General Population.      Calling a 619 area code on the free phone includes cell phones.   If you try to call a cell phone collect the call will not go through.   You cannot call a cell phone collect unless someone on the outside sets up an account with PCS.   This information can be found on the Sheriff’s Website.    www.sdsheriff.net      Be advised that when you take collect calls from San Diego County Jails the calls are RECORDED and they’re very expensive.   A simple 5 minute call could end up costing you $10 or more.   Be very careful accepting collect calls from the jails.    When you’re in jail the time passes very slowly.   The only link to the outside is that telephone.    Try to explain to your loved one or friend that the collect calls are recorded and they’re very expensive.  People inside the jail cells tend to fight over the phones.   Hence why many resort to the collect call phone versus the free phone for ease in access.   Try to limit your conversations to making arrangements to get out of jail.  Other inmates are waiting to use the phones and time in the free phone zone is limited.    Within about an hour an inmate will come up on the Sheriff’s website.    Click on this link to see if your friend or loved one is in custody at a San Diego County Jail.    http://apps.sdsheriff.net/wij/wij.aspx

If you see their name go ahead and click on it.   A page will come up with all the information about the person.   Name, date of birth, description, time of the arrest and at the bottom of the page the charges and bail amount.     During the first 4-12 hours on the lower left side regarding bail it will say “Not Eligible for Release”  or “Eligible for Release” and show a bail amount.    A bond cannot be posted for an inmate until they’ve been CLEARED and the Sheriff’s website shows the inmate is eligible for release.    The process is very long and even longer if you’re sitting in a cold jail cell with people you definitely don’t want to add to your Christmas Card list.     

Back to the inmate.   During the first few hours the inmate will go through a virtual obstacle course.  Fingerprinting, mug shot, meet with a nurse regarding medical conditions, X-Ray to check to see if you have Tuberculosis (TB).   The fingerprints are electronically sent to Sacramento and are checked for Warrants anywhere in the United States.   A Felony Warrant from anywhere in the United States will come up if you have one in the system.    If a warrant is found this will be added to the Field Arrest if any and increase the bail amount.    If the warrant is a No Bail or some sort of HOLD the inmate will not be eligible for bail and must remain in custody.   Examples of holds include Immigration Holds by ICE (Immigration Customs Enforcement), Parole Holds, Probation Holds and No Bail Warrant Holds.  

Next there’s the strip search.   Taking off all of your clothes and told to bend over.   The officer is searching for anything illegal you may have stashed on or inside your body, i.e. drugs or weapons.    The officer will give you jail clothes to wear and the clothing you were wearing will be secured along with your personal property.    A receipt is given to the inmate showing what items were taken and any cash brought into the jail.    If an inmate came in with cigarettes they will be disposed of and not returned upon release due to the health risk.

From the time you arrive at the jail to the time you’ve been cleared for a bond it will feel like an eternity.     During this time the inmate sits and waits.  Probably on the cold jail cell floor or a bench.   Usually access to a bathroom is limited to one toilet in a jail cell and no walls or door.    Which adds to the humiliation of this entire experience.   Food will be given to the inmates and its suggested that you eat something since you don’t know how long it will be before you’re released.    No room service at the jails.   No menu’s.   No mini bar.    When the food arrives find something to eat.   The next meal could be 6 to 10 hours later.   

Hopefully by the time you’ve been cleared for a bond,  arrangements have been made with a Bail Agent to get your bond posted.     If you called me when you first arrived at the jail you can be sure I’ve been monitoring your progress on the Sheriff’s website.   My job is to post your bond as soon as you clear and then we wait for you to be released.     The release process is just as tedious as the booking process.     Now you’re at the mercy of the jail.    Due to all the financial problems in the State of California the staff has been reduced.    Which translates into more hours of waiting to see daylight again.      If you’re at Las Colinas and the bond is posted between 10:30pm and 6:30am the jail will not release a female before 6:30am unless she has a ride from a friend or family member.   Taxi Cabs don’t count as rides.     If no ride is available the jail will release a female after 7am.     

If an inmate cannot make bail they will remain in custody for their Arraignment.    The inmate must be arraigned within 72 hours (court hours).   If you’re arrested on a Sunday the Arraignment could be on Wednesday.   If there’s a court holiday on Monday, the Arraignment could be on Thursday.      Just because you stay in jail and have your first court appearance while in custody there’s no guarantee you’ll be released after court.  Bail could increase, decrease or stay the same if the case is filed.    And in some cases the bail can be changed to NO BAIL and you’re going to remain in custody until the Judge sets bail again or the case comes to some closure.       

For inmates remaining in custody and moved into General Population the only way to contact friends and family members is through the Collect Call ONLY phones.   Remember the calls are recorded and the cost is expensive.    Set up an account with PCS and  its suggested that you start with a deposit of $100.    This should last about a day.    I repeat.  Collect Calls are very expensive from the jails.    Another option to communicate with an inmate is if you have access to a computer send them ONE email per day.    On the Sheriff’s website page for the inmate there’s an envelope that swirls around.   Click on the EMAIL this Inmate and you will be guided through the process.     An inmate is allowed only one email per day from a verified email address.   Anyone can send one email per day to an inmate at a San Diego County Jail.   The inmate cannot respond via email.    The emails are read by jail staff and in most cases delivered the next day.   From the outside anyone with a computer can monitor the court appearances on the Sheriff’s website.     Money can be placed on the books for inmates via the Sheriff’s website for items in the Commissary which include: extra food, toiletries and prepaid Calling Cards so inmates can place calls without the need to call collect.    Or cash can be taken to any San Diego County Jail and placed on the books for an inmate.  An example would be taking money to Central Jail for an inmate at George Bailey.   You don’t need to put the money on the books at the jail where the inmate is housed.   Any San Diego County Jail can accept money for inmates in San Diego County Jails until further notice.   Be advised jail staff cannot make change or accept bills over $20.   Anyone putting money on the books for an inmate at a San Diego County Jail must present a Driver’s License before the money will be accepted. 

Hopefully you’ve found this information helpful when your friend or loved one has been arrested in San Diego County.    Here’s a link to a story from Channel 10 News about the new hours at Las Colinas:  http://tinyurl.com/10News-Story
and a link to a Fox News story showing the inside of Las Colinas and why there’s a need for a new jail.    http://www.youtube.com/watch?v=RBDNGydNV1I

If you want to bail out a friend or loved one any time of the day or night please call me.    (619) 708-0897

Chapter 1 / You’re Under Arrest

It’s a typical Friday night and you’ve just gone out with friends for dinner.   A glass or two of wine with dinner and maybe an after dinner drink before you drive home.     You’re driving along listening to your favorite tunes and in the rearview mirror you see flashing red lights.   Oh my GOD!   What to do?  What to do?   You pull over and roll down your window as the CHP officer stands beside your vehicle.    The officer says, “do you know why I pulled you over?”   Quick…think……”ah…no..not exactly.”   The officer tells you that you were speeding.  Or you were driving too slow.   Or maybe your tail light is out.    The very next question is….”have you been drinking?”    Now this is where it gets kind of messy.   Do you tell the officer the truth and risk going to jail?   Do you lie and risk going to jail for lying to a police officer?   You tell the officer you had a glass of wine with dinner.   That’s it.    The officer tells you to get out of the car.  You hand him your driver’s license, registration and insurance information.   He runs your information.   Then the sobriety test starts.   The officer is going to need to make a determination about your Blood Alcohol Concentration (BAC).  In the State of California its illegal to drive with a BAC that is .08% or more, .04% or more if you drive a commercial vehicle and .01% or more if under 21.   If you agree to blow into the Breathalyzer the officer will be able to determine your BAC immediately and more than likely make an arrest for a DUI.    If you refuse to blow the officer will take you to their station to have your blood drawn.   If you refuse to blow or have your blood taken the Dept of Motor Vehicles will automatically suspend your license for 1 year.   When you get your driver’s license in California you agree to these terms before a license is issued.      You elect to blow and your BAC turns out to be .10.      The officer places the handcuffs on your wrists and away you go to jail.       In San Diego County the jails have a card placed by each telephone inside the jail cells.    On this list are about 60+ names of bail bond agencies.      Who do you call?    The names you’ve heard on TV?   A clever name?   One with a phone number you can remember?   Or should you call a friend or relative to bail you out.    Oh….you can’t remember any phone numbers because the jail has taken all of your property and your clothing.   Unless you have a phone number memorized or written on your hand its going to be a very long time before you see daylight.    If you can’t remember any phone numbers call a bail bond agency and hope you get someone willing to help you.     Back to that list of bail bond agencies.    If you call the BIG agency that spends thousands of dollars on advertising what do you think you’re going to get?    Probably an office run by ONE person in the middle of the night that’s taking so many calls he or she doesn’t have time to deal with someone who doesn’t even know a phone number.     Oh yea, you’ve heard all the cute commercials and seen the actors pretending to be working in bail bond agencies.   Like I said…….actors.         It’s like Disneyland of sorts.    Fancy stage fronts with people in costumes do all the advertising. 

So how do you pick a Bail Agent?   Lesson 1.     Forget about all the commercials and advertising.  Call a bail bond agency and talk to the agent.  A Bail Agent in the State of California has to be licensed in order to negotiate a bail bond.    If you’re calling from outside the jail you can check to see if someone is licensed on the California Dept of Insurance website.    http://interactive.web.insurance.ca.gov/webuser/licw_name_search$.startup

If you’re calling from inside a jail cell you hope the person you’re speaking to is a licensed Bail Agent.    Don’t be afraid to ask questions about how the process works.   Most people haven’t read Bail Bonds for Dummies.     In the first few minutes you can tell if you like someone well enough to use their services.     

What sets Bail Bond Woman apart from the rest of the agencies?   Professional Service.   When you call Bail Bond Woman you get a licensed Bail Agent since 1996.   That same voice that answers the phone at 3am will be there every step of the way until you’re out of jail and your case comes to some closure.      We live in a time where large corporations are buying up all the small companies.   You call for service when your computer breaks and you can’t understand the person on the other end of the phone.     Imagine being able to call someone anytime of the day or night and get that same person.  The person that met you at the jail and listened to your story.   And when you call a few days or weeks later she remembers you.    Wow.   Now that’s the kind of service I look for when I want to buy something.     Purchasing a bail bond is a very personal item.    You want someone who will be discreet and get you out as soon as possible.     Not someone who will take your money and add your file to a pile of other files and when they get around to it post your bond.      When you call that agency a few days later someone answers the phone and has no idea who you are because they didn’t talk to you when you were in jail.    That doesn’t happen with Bail Bond Woman.      

So when you’re looking at that jail card and deciding who to call……..call Bail Bond Woman.  (619) 708-0897.   Smaller is better when it comes to bail bond agencies.      Go to my website:   www.bailbondwoman.net   read what my customers are saying about the kind of service I offer my clients.    

The next time you decide to drink a glass a wine with dinner think about how you’re going to drive home.    Use a Designated Driver or take a cab.    “There is no safe way to drive while under the influence.  Even one drink can make you an unsafe driver.”   From the California DMV

In San Diego County anyone arrested for a DUI has to make bail.   The days of book and release are over.   If you drink and drive you will go to jail.    Plan on it.    Be safe.

Related YouTube Video:

http://youtu.be/DB9WxnfBILU  Emily’s Story.  Arrested for 2 DUI’s.

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