-
Sign in with:
- Sign in
- Register
- Are you a Lawyer?
Christopher J Whelton's Answers
- 3 Legal Answers
- 0 Legal Guides
4
Attorney answers:
I was sentance 18 days cal-trans. i haven't completed any yet. my question is when i go back to court on the 28 of feb.
Please remember that at the time you were first sentenced the court had two choices, either sentence you to custody in the county jail, or grant you probation, in this case including completion of 18 days cal-trans work release. By failing to complete the 18 of cal-trans work release you have violated your conditions of probation and the court is now free to re-sentence you, to custody in county jail or any revised conditions of probation the court deems appropriate. Most often the court will...
3
Attorney answers:
If no crime is committed how can I be charged with Aiding and Abetting?
Aiding and abetting the commission of a crime is referred to as secondary criminal liability. This means that the liability of the aider is based upon an initial finding of criminal liability by the principle actor, in this case your son. If your son is found not guilty due to a complete defense of self defense, then you can have no secondary liability for his actions. However, if your son exceeded the scope of self defense, he is criminally liable for battery and you may also be liable (ie....
4
Attorney answers:
I have a pending petty theft conviction for finding something and not returning it.
An essential element of petty theft is the intention to permanently take and carry away the property of another, valued at less than $400.00. Intent is proven through circumstantial evidence and/or an admission or statement by the defendant of their intention at the time that they took the item. If your intent was to briefly use the item and then return it or turn it in as a lost item, that may negate the necessary intent. Please be aware that a second petty theft with a prior misdemeanor...