committing same crime while out on bail

[cjbrown929]

What is the name of your state?California

My ex-girlfriend is being prosecuted for violating a court order against harassing me (PC 273.6(A)), and is due for a pretrial conference on 10/12. She is out on $5,000 bail and unbelievably began calling my elderly parents, who have a permanent restraining order against her also(a separate one good til 2008) at 1:30am. California law requires her arrest for violating the order. Will she be able to bond out for the same amount ($5,000), or will they take into account the fact that she is already out on bail for the same offense and up the ante, so to speak?

[CdwJava]

Originally Posted by cjbrown929

What is the name of your state?California

My ex-girlfriend is being prosecuted for violating a court order against harassing me (PC 273.6(A)), and is due for a pretrial conference on 10/12. She is out on $5,000 bail and unbelievably began calling my elderly parents, who have a permanent restraining order against her also(a separate one good til 2008) at 1:30am. California law requires her arrest for violating the order. Will she be able to bond out for the same amount ($5,000), or will they take into account the fact that she is already out on bail for the same offense and up the ante, so to speak?

The bail can be raised if the arresting agency requests it. It's doubtful they are going to request an enhancement for a violation of a court order unless the violation included threats or charges OTHER than the court order violation.

Also, as an FYI, CA state law does not REQUIRE an arrest for violating a restraining order. Unless the order was somehow issued as a Domestic Violence restraining order, no such mandate for an arrest exists.

- Carl

[seniorjudge]

Will she be able to bond out for the same amount ($5,000), or will they take into account the fact that she is already out on bail for the same offense and up the ante, so to speak?

What makes you think she will be able to bail out again?

Stand by and see if there is a California authority online.

[cjbrown929]

Thanks for replies. Carl: both ro's were issued as DV's-she's threatened us on several occasions. Now she just does the call-hang-up routine at all hours. My parents have caller id, and the #'s are definitely hers. Another question: why does it seem like either law enforcement or the DA's office doesn't like to pursue charges under PC 653m? Not complaining, just wondering.

Senior judge: I wasn't really sure if she COULD bond out (immediately) on a subsequent DV case. I thought I'd heard that if one were arrested for the same charge while out on bail that it would exacerbate one's difficulties, in other words give her a day or two in jail to consider the errors of her ways.. I know my parents wouldn't object...

[CdwJava]

Originally Posted by cjbrown929

Another question: why does it seem like either law enforcement or the DA's office doesn't like to pursue charges under PC 653m? Not complaining, just wondering.

Probably because it is a low level offense that is difficult to prove. And because the penalties are so minor it is not something they want to go to the wall on.

Also, some DA's don't like it because while it is possible to show that a call came from a particular number, it does NOT prove WHO made the call. And that's the likely rub.

Senior judge: I wasn't really sure if she COULD bond out (immediately) on a subsequent DV case. I thought I'd heard that if one were arrested for the same charge while out on bail that it would exacerbate one's difficulties, in other words give her a day or two in jail to consider the errors of her ways.. I know my parents wouldn't object...

There is an additional offense that can be charged when someone is out for a previous offense.

- Carl

[HomeGuru]

I say raise the ante to $20K bond.

[cjbrown929]

Thanks for all replies. If this nut was sentenced to one minute for each of the 10,000 (I'm serious-she called my parents 793 times in just a couple of months)or so calls she made, she'd be doing about a week, which would freak her out.

[garrula lingua]

OP: go to court on 10/12 with a copy of the new police report - sometimes cases are sent to different courts - make sure the DA knows this defendant keeps harassing with phone calls.

Ask the DA to request that your ex be remanded. Judges get angry at constant offenders and may remand her for the midsemeanor offense committed while out on bail or OR.

The Judge will probably revoke bail and remand her, set new bail which she'll pay & she'll get out, but it will be a lesson for her. If the Judge is ticked enough, he'll set higher bail, and she'll spend some time in custody.

Was a new case filed regarding the new offense ?It may be sitting on a Detective's desk or a filing DA's desk waiting to be processed, and the court DA on 10/12 won't know of new offenses.

You can take your 'new' police report to the DA's office before 10/12, and show it to a DA who is willig to speak with you about your 'old' case. At least then, you are assured the DA will know about both cases on 10/12.

Do you have a child with this woman ? Owe her money ?
Have you tried changing your phone numbers ?
Did a Detective assist you & your parents with a phone trap ?
Are you inviting this behavior in any way ?
Do you have any recorded messages from her calls ?
....They are the questions the DA should ask you.

[cjbrown929]

Thanks for all replies.

Garrula linqua:

No children.
Changed my # 12 times. Unfortunately, she had my parents name and #. They have a business and can't change THEIR #, so I'd relent and give her my new # so she'd stop calling them.
I used my illegal call bureau and traced about 200 calls to her #. I also recorded calls she made that are damning beyond belief (ie, she acknowledges the restraining order, says that they won't do anything. I even have her 11 year old daughter calling and using obscene language) My understanding is that PC 633.5 (Calif) allows taping of certain calls like these.
I DID call her, but only to beg her to stop harassing my parents, and only 5-10times vs her 600+ calls per month.
For general info on case, see Riverside Court (CA) records search under Travers, Sandra (case # SWM 032178)

[CdwJava]

Yes, the calls can be recorded.

I would think that with all that evidence they would have slapped her in jail by now. I guess they have far bigger fish to fry where you are. One of the pitfalls of a larger county is that the small stuff doesn't always get the scrutiny it should.

- Carl

[garrula lingua]

That's outrageous.

I don't think people in the process are aware this is continueing - most would be frightened by the obsessive nature, esp when it involves your parents. Everyone probably thinks the calls stopped & case is almost resolved.

Ask the DA to issue a protective order (PC 136.2); this allows you to record any contact by/with her.

Contact the original Detective, if one was assigned. You need a phone trap under the supervision of the cops. Any tapes you have of her calls should have been booked into evidence by the Det. for the DA to use at trial. Why wasn't this done ?

Go to the DA's office with the new report. They should react, esp if this is interferring with your parent's business.

I don't think anyone is making the connection with the two police reports - don't show any (justifiable) anger - just tell them how worried you are about your parents & it's really affecting their business - both issues should hit home with both DA & cops.

The Judge should be pissed - make sure the DA knows the # of calls, & the fact that her minor child is also doing this (I've never advised anyone to contact Child Protective Services).


This is usu taaken very seriously - this type of obsessive behavior is frightening. I don't think peo in the 'system' are aware of the ongoing nature. Get their attention,.... politely.

[cjbrown929]

Again, thanks for all replies. You'd think that after 60 or so calls to the PD plus calls to the DA that someone would say, "Hey! Besides harassing this man and his friends and family, this woman is wasting DOZENS of hours of valuable law enforcement time! Let's get it handled!" Not that I don't understand their take on these types of situations: probably 99% resolve without need for action, ie the complainant withdraws complaint or refuses to cooperate with PD/DA I have found that the only way to help these (very helpful) agencies integrate the information they have is to talk to a senior officer or watch commander and present the evidence concisely with a focus on the longevity, frequency, and threatening nature of the calls.