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Ca. penal code section 591

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M

mayorsmith

Guest
i'm still in ca. !! from the data that others have reported, there seems to be only 2 cases listed at the ca. law library of someone charged with a violation of penal code 591, injuring or damaging a utility line. that seems pretty amazing. does anyone have a perspective on what a counties district attorney's office's true agenda is, when it comes to deciding which cases to file charges on ? i mean when the law responds to a domestic disturbance call, and they find that it is merely an incident of verbal domestic disturbance, and that no one is injured, or abused, and that is what their report states; why would an assistant district attorney decide to file charges on the incident ? if this decision was based on a statement in the sherriff's report which claims on of the parties involved admitted to a violation of #591, when in fact the individual was not even questioned about it, or even interviewed by the deputy that wrote the report, somebody is going to get up ther and commit perjury!! and it won't be me!!
 


calatty

Senior Member
Two published appellate court cases. That does not mean there haven't been thousands of prosecutions under that statute. I searched unpublished cases from the last year and came up with 24. 99.9 % of appellate court cases are not published. Why would a DA file? Because pulling out a phone cord shows that you are violent, and that you tried to prevent her from calling for help. They want to nip that kind of behavior in the bud before it turns into physical violence toward her. Police reports are inadmissible, but the police themselves will testify about your and your wife's statements under the "admissions" exception to the hearsay rule. How can you prove you didn't admit doing it and that the officer is committing perjury? You can't.
 

I AM ALWAYS LIABLE

Senior Member
calatty said:
Two published appellate court cases. That does not mean there haven't been thousands of prosecutions under that statute. I searched unpublished cases from the last year and came up with 24. 99.9 % of appellate court cases are not published. Why would a DA file? Because pulling out a phone cord shows that you are violent, and that you tried to prevent her from calling for help. They want to nip that kind of behavior in the bud before it turns into physical violence toward her. Police reports are inadmissible, but the police themselves will testify about your and your wife's statements under the "admissions" exception to the hearsay rule. How can you prove you didn't admit doing it and that the officer is committing perjury? You can't.

My response:

CalAtty, you may find the following link to be of some, marginal, interest concerning this issue - -

Copy and paste this link into your browser without the on each side: [url]https://forum.freeadvice.com/showthread.php?postid=537910#post537910

Good to see you today, CalAtty!

IAAL
 

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