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    1. CdwJava

      Did I miss proof??

      If the R/P called the police department, it was almost certainly on a recorded line. Often this is verified by a background tone.
    2. CdwJava

      Red light video??

      As I mentioned on that site, you will find out when issued a notice, a summons, or an arrest warrant. It could take 48 hours to 11 months and 28 days. And, unless the witness could identify you - or you could clearly be identified in any such verifiable video - no such prosecution would commence.
    3. CdwJava

      Red light video??

      He posted it on another site as well. The short answer is that, Yes, the state of California CAN prosecute you based upon witness testimony alone, or, testimony and video evidence. I have never seen it done, but, it is theoretically possible and I have heard it done. Twice in my career I have...
    4. CdwJava

      Welfare check turns into DUI

      Most of a law enforcement officer's job is community caretaking. Some analysts say that as much as 90% of what we deal with are NOT crime-related events, but involve assorted aspects of community caretaking. Welfare checks, public assistance, mediation of disputes, traffic control, medical...
    5. CdwJava

      Is it legal for a bar to do this?

      One of my sons shoplifted a sandwich from a Circle K ... he decided to go with friends for lunch his sophomore year instead of walking home to eat, and he didn't have any money. Apparently a number of his friends got their lunch that way, occasionally. In any event, he got caught and I was...
    6. CdwJava

      Hit & Run

      You might be notified by mail when/if filed, you might be notified via mail of a court date. It's also possible that a warrant will be issued for your arrest if criminal charges are filed. Your attorney can best advise you on the local court's common practices.
    7. CdwJava

      Hit & Run

      <sigh> He was a wanted fugitive! THAT's why he was taken in! He was arrested for a felony! His situation is NOT yours! Stop trying to squeeze a square peg into a round hole. Look, if you want to be terrified and afraid, there's nothing any of us can do to prevent you from working yourself...
    8. CdwJava

      Hit & Run

      If they are it is likely because they are otherwise here illegally or they have committed some other offense that resulted in their detention. You are worrying about something that has not happened.
    9. CdwJava

      Hit & Run

      The CHP is prohibited by state law State law prohibits the CHP from working with ICE. So, the odds of them reporting this to ICE is about nil - especially since an accusation is not sufficient to get any legal status revoked. However, if you are here illegally, ANY court action (civil or...
    10. CdwJava

      Hit & Run

      The "harm" is providing them a written confession. If you failed to adhere to the requirements of under the law, your explanation will merely be a confession. If you want to confess and admit to the crime, by all means, add a supplement to that effect. You'll save yourself a trial, plead...
    11. CdwJava

      Hit & Run

      *IF* the matter goes to court, and *IF* your attorney believes it will be to your benefit to testify as to the why of it at trial, THEN you can try and explain yourself. Until then, all you will be doing is providing a written confession to the crime! Wait and see ... wait and see ... and...
    12. CdwJava

      Hit & Run

      Once more I remind you, the REPORT is NOT EVIDENCE. The CHP officer can only testify as to what his investigation revealed (measurements, physical evidence, etc.) and, to a lesser extent, what he was told (subject to hearsay). You can bring the driver swap up at trial IF it goes to trial, but...
    13. CdwJava

      Hit & Run

      As I mentioned, the reports - and your supplements - are NOT evidence. Adding them may do you more harm than good - especially if you feel the need to babble about what you did! I suspect your attorney suggested you NOT add them because they will not do you any real good. As for being filed...
    14. CdwJava

      Hit & Run

      That particular manual is 17 years old. You can ask to add any supplements, but there is no requirement that they add anything to it - especially once it has been submitted to the prosecutor. The report is NOT direct evidence. Any new info you have can be presented at trial or provided to the...
    15. CdwJava

      HELP! 14Y/O WRECKED MY CAR

      If the other child received cites for 4 violations, then chances are she is not being charged with auto theft (since you never reported it stolen). Likely, the offenses are for everything from underage driving to reckless driving and related offenses. Now, I wouldn't presume that leaving the...
    16. CdwJava

      Hit & Run

      Are you sure the matter was sent to the Los Angeles CITY Attorney? Unless things have changed, the CITY ATTORNEY's office does not prosecute felonies, only misdemeanors, and the CHP would not likely have initially sent a felony case to the city for review. Did you mean it went to the Los...
    17. CdwJava

      Wrongfully charged for littering

      Under what statute were you charged? Whether you need an attorney or not might depend on whether this is some sort of civil infraction or a potential misdemeanor. If this is a potential criminal offense, then, yes, you should consult an attorney. And, if it is criminal and you face potential...
    18. CdwJava

      My ex left the state and is making me give the kids to his friends. CA.

      Does the order indicate anything specifically about where the children are to live? If he has full physical custody, does it spell out that he must be home? Are there any other conditions? How often do you have visitation with the children? You really should consult an attorney. If one or...
    19. CdwJava

      False Imprisonment with use of a gun by a security guard - deputies no help

      I used to know a few people that carried them. Swivels, clam shells, single snap, etc. The old duffers that used to carry these have long since retired. The last two I knew of retired about 15 years ago and even they no longer carried those holsters because department regs changed more than...
    20. CdwJava

      False Imprisonment with use of a gun by a security guard - deputies no help

      Unless this was some whacked out sort of holster I am unfamiliar with, there should be no way for the finger to have even gotten onto the trigger while the weapon was still in it (sort of one of the points of having a holster). But, if he could, yeah, that'd be moronic.

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