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| Crime and Punishment Crimes affecting our state and communities. Manhunts, wanted posters, Arrests, and sentences. |
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#1
02-20-2010, 06:07 PM
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False Imprisonment Under California Law
California Penal Code 236 California Penal Code Section 236 defines false imprisonment as the unlawful restraint, confinement or detention of someone accomplished by violence or menace. The penalty for false imprisonment in California is up to three years in state prison-longer if someone is injured. If you or someone close to you has been arrested for false imprisonment in Southern California, speak to a California criminal defense lawyer at our office for a discussion of the charges and possible defenses. Here is what the state must prove in order to convict someone of false imprisonment in California (based on the California Judicial Council's Jury Instructions): False Imprisonment Law Penal Code Section 236 To prove that the defendant is guilty of false imprisonment, the prosecution must prove that: 1. The defendant intentionally and unlawfully restrained or confined or detained someone or caused that person to be restrained or confined or detained by violence or menace; AND 2. The defendant made the other person stay or go somewhere against that person's will. o Violence means using physical force that is greater than the force reasonably necessary to restrain someone. o Menace means a verbal or physical threat of harm, including use of a deadly weapon. The threat of harm may be explicit or implicit. o An act is against a person's will if that person doesn't consent to the act. Consent is when a person acts freely and voluntarily and knows the nature of the act. o False imprisonment does not require that the restrained person be in jail or prison. o "Violence" is a force above that reasonably necessary to establish the restraint. http://www.shouselaw.com/false_imprisonment.html
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Freibier gab's gestern Hay burros en el maiz RAP IS TO MUSIC WHAT ETCH-A-SKETCH IS TO ART Don't drink and post.  "A nickel will get you on the subway, but garlic will get you a seat." - Old New York Yiddish Saying "You can observe a lot just by watching." Yogi Berra Old journeyman commenting on young apprentices - "Think about it, these are their old days" SOMETIMES IT JUST DOESN'T MAKE SENSE. Never, ever, wear a bright colored shirt to a stand up comedy show. 
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#2
02-21-2010, 06:35 AM
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Ain't this a classic case. Broken tail light lens
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#3
02-21-2010, 06:56 AM
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The light was the probable cause for the stop. It's a common cause along with license plate illumination, obstruction of clear view of license plate (hitch ball in bumper), and several other violations trotted out whenever an officer wants to make a stop for other reasons. Such as having observed the vehicle leaving the parking lot of a drinking establishment, or an officer just taking out his personal problems on whomever is available. VC violations makes one available.
However, the reason the subject has a Border Patrol hold is warrant arrest for failure to appear in court, probably also over the current charge of driving while unlicensed. If he had just shown up, paid his fine, checked and maintained his lights from time to time, he'd still be driving around town today instead of doing some time and getting a federal bus ride to the border. Of course, there will be the spurious claim that the man was racially profiled for the stop, but the stop was at night. The guy over in the slow lane doing exactly the speed limit: probably has a reason to not be pulled over, or is 180 years old.
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Freibier gab's gestern Hay burros en el maiz RAP IS TO MUSIC WHAT ETCH-A-SKETCH IS TO ART Don't drink and post. "A nickel will get you on the subway, but garlic will get you a seat." - Old New York Yiddish Saying "You can observe a lot just by watching." Yogi Berra Old journeyman commenting on young apprentices - "Think about it, these are their old days" SOMETIMES IT JUST DOESN'T MAKE SENSE. Never, ever, wear a bright colored shirt to a stand up comedy show.
Last edited by ilbegone; 02-21-2010 at 07:07 AM.
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#4
02-21-2010, 07:31 AM
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#5
02-21-2010, 11:28 PM
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And here we go again. Drinking on sunday is a sin, so by all means, drive somewhere to drink where your family won't have to put up with you
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#6
02-22-2010, 09:02 PM
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Today's roster is pretty short.
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#7
02-23-2010, 07:06 PM
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And quite a few "merchants of the cloth" are not only experts in currency, but also have an intimate familiarity with alcoholic beverages as well as other sins. Sunday is as good a day as any to be "drunker 'n 900 dollars", particularly for those who would push "morality" on others. End of sermon, no collection plate need be passed.
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Freibier gab's gestern Hay burros en el maiz RAP IS TO MUSIC WHAT ETCH-A-SKETCH IS TO ART Don't drink and post. "A nickel will get you on the subway, but garlic will get you a seat." - Old New York Yiddish Saying "You can observe a lot just by watching." Yogi Berra Old journeyman commenting on young apprentices - "Think about it, these are their old days" SOMETIMES IT JUST DOESN'T MAKE SENSE. Never, ever, wear a bright colored shirt to a stand up comedy show.
Last edited by ilbegone; 02-23-2010 at 07:08 PM.
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