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  1. CdwJava

    Assault & Battery assault

    Rape, no, as that requires force or fear ... molestation (or, "sexual misconduct" as per the statute), yes. Though, depending on the circumstances, RAPE might still be a potential criminal charge!
  2. CdwJava

    Alleged theft at a store

    As a point of fact, most shoplifters do not run. There are psychological reasons for this. Running shows a consciousness of guilt. If caught, you can virtually guarantee prosecution as well as additional charges in many cases. Most people tend to feel they can minimize their exposure by...
  3. CdwJava

    Assault & Battery assault

    Let's see, mom might be guilty of a misdemeanor for thumping the adult molester of her child. The adult molester might be guilty of a serious felony for child molestation ... Hmmm ... I suspect that a jury will be unlikely to convict mom of the assault, so the DA may choose not to file at all...
  4. CdwJava

    Stealing Condoms?

    And you will likely be put on probation and may have to also do some community service. It also means that you may have a criminal record that will follow you around at least until you are off probation and an adult and can see if it might be sealed. If you are lucky you can get diversion and...
  5. CdwJava

    cps drug tests, classes want to as well

    She can certainly refuse the drug testing. However, there may be consequences for such a refusal. She might want to speak with an attorney to find out just what the consequences might be if she refuses.
  6. CdwJava

    cops and private property

    If it is publicly accessible, then they can generally go there, too. Yes, they can run your plates, your license, your name, or just about anything for most any reason they want - or even NO reason! So long as they are doing it for a legitimate and lawful purpose, it's perfectly lawful. What...
  7. CdwJava

    Car

    About all he can TRY to do is sue her in small claims court. That might be a tough sell, but, it's about all he can do.
  8. CdwJava

    hidden camera sexual harrassment

    I'm not going to look it up, but I strongly suspect that the surreptitious recording of people naked/exposed in the bathroom, is also a crime.
  9. CdwJava

    Arrest, Search, Seizure, Warrant Loss prevention agent stabbed!

    Proper training in the use of wrist locks and control holds is probably not on a security guard's or loss prevention agent's schedule. They could easily have followed standard protocol and still been stuck by a whacked out doper. Probably 8 out of 10 shoplifters either bolt at the outset or...
  10. CdwJava

    hidden camera sexual harrassment

    Maybe. What is this "proof?" Do you have the camera? Do you have images captured by the camera? As suggested, you can contact the police and provide them the evidence and let them investigate.
  11. CdwJava

    Other Criminal Charges & Offenses Is too cold to fi what is the most that can come out of that situation

    Okaaaaay ... not sure what you are trying to ask here, but, if you are asking why a friend's court case was severed from his co-defendants it is probably because the co-defendants may want to blame him - or each other - for whatever they are on trial for. You may want to sit down and re-write...
  12. CdwJava

    Can I legally evict my brother?

    Who OWNS the home? As MM asked, whose name is on the deed; in other words, who inherited the house? Is it shared? Your name being on the loan will not give you any rights to evict anyone. You might have grounds for a civil suit if he isn't making payments, but unless your name is on the...
  13. CdwJava

    Pulled over

    Apparently since last August, yes.
  14. CdwJava

    Pulled over

    Nifty. But, I am sure it appeared to be a cig at first glance and that would generally be enough to justify a search.
  15. CdwJava

    Pulled over

    Was this the incident where someone was trying to stash (hide) the cigs in the car?
  16. CdwJava

    Probable Cause

    By itself? Probably not. But, in conjunction with other articulable facts, quite possibly. If the officer smells alcohol or marijuana, or sees a gun holster or knife sheath, or something else that might give good cause to believe that some contraband was being stashed, the furtive movement in...
  17. CdwJava

    Shoplifting, Larceny, Robbery, Theft Pc666 with warrant

    As a note, the $5,000 bail is probably standard fare for a felony in the county where the charges were laid and likely not modified by any judge one way or the other. Unless a bail enhancement were requested, or the matter was addressed at arraignment or through a bail reduction hearing, the...
  18. CdwJava

    Drug paraphenilla ticket

    As stated, it will depend on what your age is - and what state you live in. The papers may not be illegal by themselves if you are under 18, but that will depend on the state you are in.
  19. CdwJava

    assault

    And, what happened that led up to this alleged beating?
  20. CdwJava

    Alcohol & Drugs: DUI, DWI pulled over for no legal reason

    What the officer TOLD you, and what the officer will write in his report and testify to may be different things. You may have weaved in your lane, started and stopped suddenly, bumped into the curb, who knows? The officer needs only reasonable suspicion that criminal activity is "afoot" for...
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