Legal Question in Criminal Law in California

disturbance of peace pc 415 (1)

Was at the park playing with my Black lab who was off leash. A man also with a dog proceeded to make a phone call. I asked him if ''he had a problem with my dog'' He said ''No'' I'm calling about a drunk driver'' And his next words were: But I'll get the police over here to deal with you too'' I then told him where he could go, called him a name then he reported to the dispatcher what I was wearing and all. I then basically told him what I thought of him and where he could go and walked away. Officers arrived. I was issued a 415 (1) for ''disturbing the peace?'' The officers said they had no witnesses and did not interview anyone. I said for what grounds are you allowing this to happen'' They told me the man thought I wanted to fight him cause I ''scared him''. Note** (We seem to be the same age and he was even bigger than me.) I never came within 20' of the guy. No evidence of any virbal or physical threats. I was told to ''Book myself'' How sweet!

Asked on 6/17/01, 6:56 am

1 Answer from Attorneys

Victor Hobbs Victor E. Hobbs

Re: disturbance of peace pc 415 (1)

I like labs too.

However, what's your question.

If the charges are filed by the D. A. you'll get your day in court before a jury to refute the charges. And you and the other guy can take a few days off of work to stand around the court house waiting for a Judge and Jury to hear the evidence.

However, I'm unable to think of any way your dog can testify on your behalf.

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Answered on 6/29/01, 9:33 am

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