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  1. CdwJava

    Shoplifting, Larceny, Robbery, Theft caught shoplifting charged with burglery felony

    I got one better! :-) Guy on parole for auto theft, burglary and strong arm robbery (among others) goes with mom to Wal-Mart, takes a .99 cent Chapstick from the package, uses it, puts it back IN the package and slides it onto an unrelated shelf ... busted for PC 666 (back in 1996). Parole...
  2. CdwJava

    Shoplifting, Larceny, Robbery, Theft caught shoplifting charged with burglery felony

    It was - the OP admitted he was charged with 459 and 182. There's the two. Some people not from CA get hung up on the dollar value.
  3. CdwJava

    Shoplifting, Larceny, Robbery, Theft caught shoplifting charged with burglery felony

    It's likely that someone said something that led them to believe you and/or your friend entered with the intent, or brought in tools/devices/accessories used to commit the thefts. Ultimately, the state has to prove the elements of the offense at trial. if they can't, you get acquitted...
  4. CdwJava

    Shoplifting, Larceny, Robbery, Theft caught shoplifting charged with burglery felony

    Ah, so it was burglary AND Conspiracy? PC 459 and PC 182? You have to understand when you assist another person in committing a crime, in CA you are guilty of the SAME offense as a principal to that crime. If your pal entered with the intent to steal, then you can both be charged. Whether...
  5. CdwJava

    Shoplifting, Larceny, Robbery, Theft caught shoplifting charged with burglery felony

    In CA if you enter the premises with the INTENT to commit a felony or any theft, it is burglary. I am wagering that based upon statements made by the suspect, his possession of tools, or statements in conjunction with a lack of any ability to pay, that they believe that he entered with the...
  6. CdwJava

    Pets False Noise Complaints

    Usually this site is for US law. But, as this is a general question, I suppose a general answer might apply. You cannot prevent your neighbors from calling the police. If your living situation has you surrounded by an annoying neighbor, you really have two options: Put up with the continuing...
  7. CdwJava

    can landlord force me to name them "interested party"?

    If you do not want to make the changes asked, then pay the additional $20 per month. Easy solution. Your other option is to risk going to court if the management decides you have violated the terms of your lease and moves to evict you. Enforcing what you believe are your interests alone could...
  8. CdwJava

    protective order

    Please keep your issue to a single thread.
  9. CdwJava

    Harassment, Stalking, Misconduct protective order

    I would suggest a caveat ... if the order does not allow for any provision to permit you to pick up your sole property, then I wouldn't show up even with a police standby as that may simply result in your arrest. If you were not married and this is not arguably community property, and you are...
  10. CdwJava

    Have you taken the MyersBriggs Personality test?

    Interesting .. I came out INFJ with emphasis in a career in social services or as an educator in social services or an activist. Interesting that my BA is in Sociology and I am transitioning back into education from law enforcement ... hmmm ...
  11. CdwJava

    Rapist & child moleater

    You still haven't been clear on the timeframe. Are you still 18? Older? Was their actual vaginal penetration? If, YES, then the timeframe has not expired. But, even if the SOL has not passed, prosecution simply on your say-so is not going to happen. We live in a country of laws. We cannot...
  12. CdwJava

    Rapist & child moleater

    I didn't say that, only that it's tough. And, in cases such as this - which are serious - the authorities are unlikely to act and make an arrest solely on the uncorroborated word of a person on a 6-year-old (or older) crime. You say you reported this when you were 18. How old are you NOW...
  13. CdwJava

    pregnant teen rights on living location

    Yes, it's a misdemeanor, but the courts here can and have ruled that the sexual act can only be perpetrated BY the male against the female and like it or not the male is often found culpable when the female is not. And, you might be surprised about the jail time issue ... we got a couple here...
  14. CdwJava

    pregnant teen rights on living location

    The sexual relationship. You might be surprised at the creativity of a child "in love." There is also social media, friends, phones, and computers. It's rare that drug-addicted, dysfunctional families have money. So, either your characterization is askew, or they don't have the money you...
  15. CdwJava

    Rapist & child moleater

    Fondling is not the same as penetration and holds a much shorter SOL. And, again, your statement alone would not be enough to put him in jail until or unless an investigation uncovered more evidence sufficient to establish probable cause that a crime had occurred and was still prosecutable...
  16. CdwJava

    Rapist & child moleater

    Unless this was a couple dozen years ago, if you told the cops at 18 and it happened when you were 12 and there was any penetration at all, then the SOL had NOT expired and the suspect COULD have been prosecuted if there was any evidence. Simply telling them about it is not going to cause them...
  17. CdwJava

    Other Criminal Charges & Offenses possesion of stolen vehicle

    Yes. Any person with some care or responsibility for the vehicle can report the vehicle as stolen - it does NOT have to be the legal or registered owner(s). Assuming, of course, that it HAS been stolen.
  18. CdwJava

    Rapist & child moleater

    Well, the details are what matters. If you reported it at 18 and they said they could not do anything about it, then it was either NOT a sexual molestation, or they said what they did not because they COULD not do anything, but that there was no evidence for them to proceed. The police cannot...
  19. CdwJava

    Shoplifting, Larceny, Robbery, Theft They say I was shoplifting...

    Correct. I never said otherwise. But, they are brought to Juvenile Court. And at age 14 they are presumed to have the capability to commit crimes here. While this could not be held over to adult court, he can be held to answer in juvenile court. There is no free pass for being only 15 years...
  20. CdwJava

    Shoplifting, Larceny, Robbery, Theft They say I was shoplifting...

    Not in the OP's state of CA. At age 14 you are old enough to legally have the ability to commit a crime here. Actually, no. We can do that here without notifying the parent. Notification is required only AFTER the custodial arrest. True. And keep in mind that mom and dad CAN be...
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