Stalking is defined under California Penal Code 646.9 as “Any person who willfully, maliciously and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking.”
To convict a person charged with stalking, the prosecutor must prove that the actions were willful – done with the intent to disturb, annoy, or injure another.
The amount of bail set by the judge will reflect whether the charge was filed as a misdemeanor or a felony and other details. Judges follow bail guidelines set by the state. They evaluate the facts of each case when setting bail. The schedule dictates the following bail amounts for stalking:
- 1st offense -- $20,000
- 2nd offense -- $40,000
- 3rd offense -- $80,000
- Stalking with violating a temporary restraining order -- $100,000
- Stalking with a prior conviction for the offense -- $150,000
A conviction in a first-time misdemeanor stalking carries a penalty of jail time for up to one year, fines up to $1,000, or incarceration in state prison. If it involves violating a restraining order, the charge will be filed as a felony, with much more severe legal consequences. The penalties imposed could be up to five years in state prison, fines up to $1,000, and felony probation for an extended period. People accused of stalking who are not legal citizens may face added complications regarding immigration status.
If you or a loved one has been arrested and is charged with misdemeanor or felony stalking, the legal process will go through several steps:
- You will be booked, with all your personal information gathered, and you will be placed in a holding cell, pending transfer to another facility or released on bail.
- Your first appearance in front of a judge is the arraignment, and bail is typically set at the same hearing.
- Once the bail amount is set, you can contact Balboa Bail Bonds, and the agent will immediately get to work arranging your release on bail.
Our bail agents at Balboa Bail Bonds are available to help you immediately after the booking process. This allows us to track the progress of your case and ensure you are released as quickly as possible. We work with you or your family to arrange a bail bond, which involves paying 10% of the cost of the set bail, which is non-refundable.
Your bail bond agreement is based on you attending all court appearances as ordered. We are open 24/7/365, including holidays. A live person answers our calls, and we offer discounts to military members and their families, and our bail bond agents are fluent in English and Spanish. Once your case is ended, whether dismissed, settled, or tried, your agreement with Balboa Bail Bonds also ends.
At Balboa Bail Bonds, we understand the stress and fear that comes with being arrested and charged with stalking. We will work closely with you, explain every aspect of the process, and we offer multiple financing options to make your release as easy on your wallet as possible.
Contact us at (619) 760-2222 for assistance if you have been arrested and charged with stalking in San Diego County.