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Questions about criminal charges being accurate

Discussion in 'Juvenile Crime, Law & Court' started by GrammyZuma, Sep 20, 2010.

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  1. GrammyZuma

    GrammyZuma Law Topic Starter New Member

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    My grandson was arrested for DUII when he was not in a car and not driving at all. Is this proper under California law?

    Also, they added a charge that does not match the penal code number. Is this useful for him or just a minor inconvenience to the state?
     
  2. army judge

    army judge Super Moderator

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    The officer probably observed him driving or exiting the vehicle.

    No, an error such as the incorrect PC number can be amended or corrected in court.
     
  3. mightymoose

    mightymoose Moderator

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    He can be arrested for DUI if they have probable cause that he HAD BEEN DRIVING. They do not actually have to catch him driving the vehicle. You can also be arrested for DUI in a parked vehicle.

    What is the additional code that you think is incorrect?
     
  4. CdwJava

    CdwJava Moderator

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    It can be, yes. Do you know under what circumstances he was identified as the driver of a vehicle and determined to have been impaired?

    What code section is that? DUI is a Vehicle Code section (23152(a), 23152(b), and in the case of someone under 21 can also include 23136 and 23140), so it could be that you - or someone - was looking in the wrong code book.

    What code do you think might be incorrect?
     
  5. GrammyZuma

    GrammyZuma Law Topic Starter New Member

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    Well he got those charges dropped, but it is the stolen firearm charge that has me worried the most. I wish I could say with certainty that it was completely untrue, but I do not know and frankly, don't want to know. The firearm charge was listed as "auto theft" instead of firearm. However, the code number corresponds to a firearm theft.

    But, since the discovery of a firearm came as a result of an illegal search, will that charge be thrown out?

    This case is about a drug addict that had borrowed 100.00 from my grandson and when it was not paid back, he went over to her house to try and get it. She and her drug addict/thief boyfriend then decided to call the police and level a lot of charges against my grandson. They did not (after being subpoened) show up at the court date. Since my grandson had been to prison several years ago, he got arrested. This seems to me to be a matter of "he said/she said" and with the illegal search, that there might be a good chance of charges being dropped if the lawyer does a good job.

    Yes? No?
     
  6. CdwJava

    CdwJava Moderator

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    It is the code section that matters.

    How was the search illegal? Has a court stated such? Or is that your opinion?

    Until a COURT rules that a search was unlawful, it just ain't so. And all because the DUI might have been dropped does NOT automatically mean that any search was bad. A case can be dropped for a host of reasons, and even if there was no probable cause for a DUI charge there may still be probable cause present to support a search ... it all depends on the details.
     
  7. mightymoose

    mightymoose Moderator

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    Wow... lots of new information there.

    What is the code section he was charged with?
    What makes you think the search was illegal? Where was he searched? Where was the gun found?

    It sounds like your grandson got himself into a nice mess, and odds are that the mess is far deeper than you know.
     
  8. army judge

    army judge Super Moderator

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    Prison?

    Convicted felon!!!! :yes:

    Firearm? :no:

    Big, big trouble!

    Better, "lawyer up"!!!! :yes:
     
  9. GrammyZuma

    GrammyZuma Law Topic Starter New Member

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    Well, I did hire a lawyer for him. The first charge of having a gun was thrown out as were a couple of lesser charges. The search was done not with a warrant, but because the police intimidated grandson's wife into opening the safe, which was not hers, not on her property or where she lived.

    That is why I am assuming it was an illegal search.

    Yes, it is a mess, but I am trying to do all I can to help as I do not want him going away for the rest of his life. He and his wife have a 7 year old boy and I don't want to see his life ruined.

    I'm putting out 25k for the lawyer. This is my grandson's last chance, and I am willing to do what I can to help. Neither of his parents (divorced when he was 8) have ever done anything to help this kid. They are self-absorbed, narcissist people who have always favored the younger son. Almost as if they are punishing the older boy for being born, as mom was pregnant at the time. It has always made me sick to see what they have done to him. They even threw him under the bus when he was 13 and he took the neighbor's pony for a ride without permission. They put him in the so-called juvenile justice system and put him in that wagon train program that killed a couple of kids and abused many more. From then on, anything that happened was always blamed on him, and his own father (my son) even pinned the blame on him for stealing a diamond necklace, which I had found under the younger boy's mattress when he was staying with me! They didn't want the younger boy to be "in the system".

    I live out of state, and they "gave" the older boy to me at one time. Mama said she 'just couldn't handle him" or the younger one, but decided at the last minute to keep the younger boy.

    Like the blueprints were drawn to predict my grandson's fate. He is ADHD, very intelligent, and very loving. I do not excuse his bad choices, but I do understand, to some degree, why he made them.

    He has never been accused of a violent act, so I do not believe this story about him sticking a gun in someone's face for a 100.00 debt. He is not that stupid.

    What would you do under the circumstances?
     
  10. cailing0322

    cailing0322 New Member

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    Criminal law is crime, criminal responsibility and penalty are mastered, the legal regime is to maintain the order of the ruling class political and economic benefit, according to their class will be what provisions, and shall bear criminal responsibility, given criminal punishment law of criminal. Criminal law and criminal law are generalized narrow the generalized law refers to all the provisions crime, criminal responsibility and penalty of legal norms, including the criminal law, decree of the criminal law and the criminal liability clauses.
     
  11. CdwJava

    CdwJava Moderator

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    Okaaaay ... :eek:
     
  12. GrammyZuma

    GrammyZuma Law Topic Starter New Member

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    WTF? Do I need to wear a colander on my head to understand this?
     
  13. CdwJava

    CdwJava Moderator

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    Again, until a COURT says it was an unlawful search, it is not. You are assuming because YOU believe the search was bad that it was. Two things make this a poor foundation: First and most importantly, you were not there so you are relying on second hand info from people who want your support. Second, unless you have some serious legal training or experience, you may have fallen for the trap that many fall for and that is to believe that everything you have seen on law & Order is true in all situations.

    The search may have been bad. But, until a judge says it is, it can just as easily be good.

    How does any of this have to do with DUI? It seems this whole thing just keeps ballooning!

    Perhaps he needs to consider some better choices.

    And by bailing him out you may only be enabling continued bad choices.

    As the saying goes, 'If I had a nickel for every time I have heard that one ..."

    Let him use a public defender. But, I don't have $25,000 to throw away for any reason.
     
  14. army judge

    army judge Super Moderator

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    $25,000?

    This guy must be a superstar lawyer.

    I hope you get your money's worth!

    I'd have done it for half of that, plus expenses and my pro hac vice fee!!!
     
    Last edited: Sep 22, 2010
  15. GrammyZuma

    GrammyZuma Law Topic Starter New Member

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    I, too, have heard "he's a good boy, he's turning his life around" so many times I could barf, but in this case, when I say he has never been accused of or perpetrated violence, it is true.

    I am not bailing him out, but am using a good attorney. It is being paid by a small inheritance from my own mother who loved this boy above all the rest.

    I was married to a homicide detective for 28 years, so it is not like I am clueless. My own son is a Sgt. so I know what is at stake.

    I just feel I have to try to help. This is the last chance for this young man. Lord knows that his parents have never helped him.

    Sometimes it is not about the money. I am certainly not in a good financial position myself, but oh, well. At least I have a decent monthly income that allows me to keep my home and to still donate as much as I can to helping others. Wounded Warriors being my primary target.
     

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