Legal Question in Criminal Law in California

sacramento city police came to my house yesterday impounded a trailer and took moms boyfriend to jail only to release him hrs. later. provided he is on probation, this is the second time they have come for the same reason , apparently there was a theft they have someone else pic carring the the stolen items, the person in the pic was actually here the first time they came, they told us that they were not going to arrest the person in the pic that moms boyfriend was going to be held resposible, i am wondering if there is a harassment case here. and can we beat this based on the fact that they have a photo of the actual thief.

Asked on 7/14/13, 10:12 am

1 Answer from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

First of all if your mother's boyfriend is on probation he has given up most of his rights and winning a civil suit would be difficult

Second, more than one person can commit a theft or be in possession of stolen property. Just because, at one particular moment, someone else is photographed in possession of the property does not mean that your mother's boyfriend cannot be charged with the crime. Nor does it mean that the Probation Department or the DA cannot move to violate his probation, where it is not necessary to show guilt by a beyond a reasonable doubt standard.

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Answered on 7/14/13, 1:57 pm

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