Legal Question in Criminal Law in California

Re: Homicidal Ideation and Law

Not by itself, but it can be grounds for civil commitment (involuntary psychiatric evaluation) under some circumstances. Such a commitment is is not the same thing as an arrest.

Re: Homicidal Ideation and Law

No.

Homicidal Ideation. I'm assuming you mean that someone is thinking about killing someone (you?), and you're wondering whether you can have someone arrested pre-emptively before the irrversable harm occurs. The answer is that we don't [yet] criminalize thoughts, without a corresponding step toward the commision of the crime. However, in certain circumstances, you don't have to wait until the homicide's complete before a crime is complete. There are attepmts and conspiracies, for example, that constitute completed crimes themselves. So I'd need more information to determine whether enough steps have been taken, and under what conditions, to constitute such an inchoate crime.

However, most importantly, you can get a restraining order against someone, so that if he or she comes within your vicininty, you can have him or her arrested with nothing more. This is exactly why we have these Emergency Protective Orders. Get one.

Contact me if you need more help, and good luck.

JACQUELINE GOODMAN RUBIO

www.californiadefenselawyer.net