I have already gone to court and paid my fine. Apparently this is a civil demand. I left the store with no merchandise. And what I tried to take was less than $150. If I have already paid my fine in court I don't understand why I must pay again. A...
You don't have to pay again. Petty theft from a merchant is chargeable under Penal Code section 490.5. Subdivision 490.5(c) creates a civil penalty of up to $500 in favor of stores. Stores often hire law firms to send out these kind of demand letters to everyone arrested for petty theft in the hope that many of those detained will pay what is demanded. It's usually far more expensive sending a witness to Small Claims Court than the amount that is allowed to be recovered, so ignoring the letters' demand(s) is what people usually do. Relax, enjoy the holiday.See question
The papers included my name and my address
Penal Code section 490.5(c) creates a civil penalty in favor of stores for up to $500 for store security purposes. Were you arrested by police? It doesn't sound like it. That means that you probably won't be prosecuted by the DA; DAs file complaints in criminal court based on police reports sent to them. If no cops were called, then there's no police report to be sent to the DA.
It costs more than $500 to send a store representative to Small Claims Court to get the civil damage award, and store representatives are hard-pressed to justify that their security costs were attributable to your misconduct, so most stores don't file a small claims case against you to seek a court order requiring you to pay. Which means you can ignore most of the demand letters sent by collection law firms hired by the stores.See question
she was calling him and texting and she was the one who wanted to sleep with him
Prohibitions against sex with a minor is not a private "demand" that can be "removed;" it's a public offense, whether invited or not, that, according to the language of criminal complaints, violates the peace and dignity of the People of the State of California. Those under 18 years old are not deemed sufficiently mature to make a good decision about sex and its possible or actual aftermaths, including pregnancy.
In another legal area demonstrating the same legislative concern about lack of maturity, a minor (under 18 years old) cannot be bound by a contract. Similarly, except for the most heinous crimes, the vast majority of minors are not charged with crimes they've committed, but instead are subject to petitions seeking control over them by the state (wardship).
When a minor asks an adult to have sex with her, California law demands that the adult say NO. Period.
And, so that you're completely warned, if she becomes pregnant, you could be charged with a felony unlawful sex with a minor, a violation of Penal Code section 261.5, and with a three-year enhancement for causing a pregnancy, which is characterized as a form of serious bodily injury, for a total term of 7 years in the county jail (serving a term for a felony but not prison because incarceration in jail is precluded by Penal Code section 261.5's mention of "imprisonment pursuant to subdivision (h) of Section 1170." Finally, depending on the age difference between the minor and the adult, Penal Code section 261.5(e) sets up a civil penalty scheme of between $2,000 and $25,000, which the minor could seek.See question
Just want to know if I can ever legally own a firearm
I disagree with my colleagues. It's not just a governor's pardon that restores the right to possess/use firearms/ammo, but also a certificate of rehabilitation and pardon signed by a superior court judge following a petition filed under Penal Code section 4852.01 et seq. The petition must demonstrate that, following a prescribed waiting period depending on the nature of the crime committed, see Penal Code section 4852.03, the petitioner has led a morally upstanding life that warrants the grant of a governor's pardon. Section 4852.03(a)(3) requires five years of residence in California + 2 additional years=7 years. This valuable section is also the only litigation tool available to end sex offender registration under Penal Code section 290.See question
So her mother is threatening me by saying she will involve the cops because by law im considered an adult? but yet i dont turn 18 till next year march and her birthday is in may (march 31 & may 12) i understand that we cant be sexual active which ...
Stop all communications with this 15-year old girl. Sending text messages that have sexual content is called "sexting," and it's illegal. There is a reason folks in my generation called attractive female teenagers "jail bait." Tell your girlfriend that you don't want her to contact you again, and, if necessary, change your phone number and email address or even bring a temporary restraining order to stop her from contacting you further. Write to mom, tell her you won't be speaking or communicating with daughter any more, and stop bothering you. You can get a restraining order against her if you stop communicating with daughter and she keeps bugging you. Keep records of any writings you create or receive.
Whether you like it or not, California's Legislature has decided that children are controlled by their parents until they're 18 years old, the age when someone becomes sufficiently mature, for example, to be bound by a contract promise. You won't succeed in overcoming the parents' control of their minor children. So move on.See question
Trying to understand equal protection of law.
Equal protection of the law does not guarantee the same sentence for two criminal defendants. A requirement for the application of equal protection principles is that the two cases have identical or at least similar facts. The requirement is that the two parties "be similarly situated." Each case in criminal law, however, involves different facts underlying the charges brought, each defendant has a different criminal background, and it's often said that wide discretion must be afforded prosecutors in carrying out their function. As a practical matter, the only time equal protection comes into play in criminal law is if members of particular groups are targeted for arrest, prosecution, or different sentencing because they share a group characteristic. If that happens, discriminatory prosecution is a defense that calls for dismissal.
The most famous case for "discriminatory prosecution" was Murguia v. Municipal Court (1975) 15 Cal. 3rd 286, where the California Supreme Court stated, "an equal protection violation does not arise whenever officials ‘prosecute one and not (another) for the same act’ (cf. People v. Montgomery, supra, 47 Cal.App.2d 1, 13, 117 P.2d 437); instead, the equal protection guarantee simply prohibits prosecuting officials from purposefully and intentionally singling out individuals for disparate treatment on an individually discriminatory basis. As the Court of Appeal succinctly stated in City of Banning v. Desert Outdoor Advertising, Inc. (1962) 209 Cal.App.2d 152, 156, 25 Cal.Rptr. 621, 623: ‘The protection afforded is against unlawful discrimination which uses law enforcement as its vehicle.’ As such, the doctrine imposes absolutely no impediment to legitimate law enforcement operations, for it does not insulate particular lawbreakers from prosecution, but simply requires that the authorities enforce the laws evenhandedly." Ibid. at p. 297. In Murguia, the Kern County prosecutor's office sought to prosecute a number of United Farm Worker pickets on a number of misdemeanor violations because of their union activities. Only when groups suffer invidious discrimination are members of that group entitled to seek a dismissal on equal protection grounds--because of their race, their sex, their sexual orientation, their national origins, or their associations or memberships.See question
I have a felony case in Kern county. I also have a felony case in San Bernardino but it has not been charged yet. I am getting ready to take a deal in kern but am worried that when I came out it all starts again for me bc its not addressed what ha...
1. Cases must be tried in the proper venue. Venue is established by where a crime is committed. Two counties don't share the same prosecutors, court buildings, or probation departments. They can't be combined into a single prosecution.
2. Although each case has distinct differences that must be considered, it is often cheaper and leads to shorter custody time to have a single lawyer handling the resolution of both cases that are filed close in time to one another, if nothing else for the possibility of a "concurrent disposition," i.e., where the service of time simultaneously satisfies sentences meted out by the two counties.
I got caught shoplifting Wal-Mart and received a bill
Penal Code section 490.5(c) offers merchants the opportunity to charge up to $500 + costs for security services associated with the detention of a thief. It's a civil remedy that has nothing to do with whether a criminal case is filed. As many lawyers have written before, failure to pay this civil penalty is not a crime, and most of the time, stores like Walmarts don't want to send security personnel to court to testify because the employee's time is usually more valuable than the recovery of up to $500. Don't pay these "bills" because you won't be forced to pay up to $500 by a court.See question
its a homicide case
Most trial judges want lawyers who make general appearances, i.e., lawyers are responsible for the conduct of the defense, not just bit players who play different roles played by a defense attorney. Although there are instances involving multiple lawyers with each lawyers assigned to particular witnesses, judges never allow two attorneys to examine the same witness. At least, it casts a poor light on the attorney who you hired to do everything else in the case--you've got a heavy hitter for one witness only, but can't afford the heavy hitter for the entire defense? Why not just hire the heavy hitter as your defense attorney?See question