Justice System, Police, Courts conflicting charges- one event
- Thread Starter Mmurf
- Start date
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- Tags
- california
Yes. What you "think" is irrelevant.
Based on your posting history you need a new and more productive hobby.
adjusterjack
Super Moderator
You may be right. It depends on what sections of the Penal Code one was charged with.
According to a CA lawyer's website:
Under California law, you cannot be convicted of both receiving stolen property and the actual theft of the property.40 Therefore, you are unlikely to be charged with both receiving stolen property and grand theft auto under Penal Code 487(d)(1) PC.
But Vehicle Code 10851 VC joyriding is a different story. If you buy or receive a vehicle that you know to be stolen…and then drive that vehicle…you may be charged with both receiving stolen property (for getting the car in the first place) and California joyriding (for driving the stolen car…naturally without the owner's consent).
However, whether you can be convicted of both receiving stolen property and unlawful taking or driving of a vehicle is a tricky question. Generally speaking, if you receive or help someone conceal a stolen car…and then are charged with unlawfully driving it for a completely different act, usually occurring on a different day…you can be convicted of both.
Example: Ricardo was given a stolen car on February 3. On February 7, he was caught and arrested while driving it. Because the act of receiving the car … on February 3…and the act of unlawfully driving it (four days later) were separate, he can be convicted of both receiving stolen property and Vehicle Code 10851 VC joyriding.
"Grand Theft Auto" in California - Penal Code 487d1 PC (shouselaw.com)
That's an example of how one can be convicted of two crimes.
I saw the law about not being able to be convicted of both charges, but what if they went ahead and charged both anyway? is there a rule about wasting the courts time, or fishing for convictions, or would they just leave it up to the jury to decide which charge 'fit the bill'? I would think there would be a rule about listing "backup" charges, just in case their first charge doesn't stick. The prosecution should know exactly what they believe the defendant is guilty of, not list charges hoping one might get a guilty verdict.
In my experience people who do unnessessarily rude things do so to make up for their own shortcomings. The snide remarks are unnecessary, sir.
adjusterjack
Super Moderator
"What if" questions are a waste of time.
You are posting about your brother/in laws on going criminal case on the internet. IMO that is unnecessary and unhelpful to your brother/in law. Hiring a top notch criminal defense attorney would help him...blabbing on the net does not. If you don't believe me ask his attorney what they think of your little hobby.
In my experience people that insert themselves in other peoples legal matters are attempting to make themselves feel important and heroic. If you really want to do something that will make a difference...volunteer at a food pantry, homeless shelter, girls/boys club, inner city outreach org...there you really could be a hero.
Sincerely
Ms Blue.
zddoodah
Well-Known Member
Why would you think those are "conflicting charges"? Obviously, whether either charge or both charges are appropriate depends on the relevant facts.
Why?
There's nothing wrong with charging in the alternative.
How are those conflicting charges? A county attorney or DA can file any charges they wish if they think they have a case.
Often times, there will be cases where some charges are dropped or a plea deal is offered. It's not like most cases go very quickly.
If this isn't about you (as someone stated it's about someone you know) you probably shouldn't be posting on public forums about it. Whoever has these charges should get an attorney.
I went with my brother in law to see his lawyer and pointed out my concerns. One of the concerns was that three stolen items were listed as a felony all bring stolen in one event, but on the same complaint those items were also listed as misdemeanors/3 events. the lawyer was shocked he didnt catch it. sometimes even good lawyers are busy and need a second set of eyes. and I volunteer with meals on wheels.You are posting about your brother/in laws on going criminal case on the internet. IMO that is unnecessary and unhelpful to your brother/in law. Hiring a top notch criminal defense attorney would help him...blabbing on the net does not. If you don't believe me ask his attorney what they think of your little hobby.
In my experience people that insert themselves in other peoples legal matters are attempting to make themselves feel important and heroic. If you really want to do something that will make a difference...volunteer at a food pantry, homeless shelter, girls/boys club, inner city outreach org...there you really could be a hero.
Sincerely
Ms Blue.
Zigner
Well-Known Member
I think they lawyer was either humoring you, or being sarcastic. There is nothing wrong with it being charged in that manner. In fact, it makes complete sense. In aggregate, the three items are enough to warrant a felony charge, but if any of the three are taken out of the mix, then the remainder are misdemeanors.
