Category Archives for Misc

Entrapment

Entrapment

Entrapment is an action that is considered illegal an immoral and will be the defense that will beat the charges. However that is only if you can prove that the officer made you commit the crime.The legal definition of entrapment is having a law enforcement official induce a normally law-abiding person into committing a crime he or she would not commit. This form of inducement must be in some form of pressure, fraud, or flattery. Its important to know that just because a law enforcer allows you to commit a crime, does not make it entrapment. Unless the law official made you commit a crime, an opportunity to commit one does not make it entrapment.

What doesn’t count as entrapment

In order to prove what is entrapment, we have to talk about what isn’t. If the official presents an opportunity to take part in a crime, that’s not entrapment. This is because the victim should be resisting the temptation. If the law enforcement initiates the criminal activity, although it seems unfair it doesn’t not count either. That is because they only started it. If they continued it then it may count. Being undercoverentrapment, as expected will not subject them to entrapment. Law enforcement also cannot lie or make false promises.

What does count

You must prove that the actions of the officer or their agents must have induced you into committing a crime. Such motivating factors can include saying that the action is not against the law. That the crime wont be seen. That there’s a huge reward. Or it appeals to a relationship (whether it be friendship or sympathy). Example of a said entrapment is buying drugs out of sympathy of your brother. Your brother’s dealer is an undercover cop. Entrapment works here since normally you would not buy it, however you did for your brother. Since the brother is a sort of agent under the undercover cop, entrapment works.

If you felt cheated and believed that you were entrapped. Talk to a lawyer if you truly believed you were innocent and believed that the police were unfair.

Assault Weapon PC 30600

CA Assault Weapon Laws PC 30600

CA Assault Weapon Laws PC 30600 is a set of laws that set the rules for how assault weapons are treated. In California its illegal to make, sell, give, or own an assault weapon except under certain conditions. You may only own an assault weapon if you have a permit that permits you to own one. If you owned the weapon before it was known as an assault weapon. If you have legal rights to own the weapon such as an executor or administrator of said business. If you were doing target shooting and officers allowed you to do so. Or if you are non-Californian traveling for competition that involves the weapon. There are more conditions but those are the common conditions that people run into. The Second Amendmentassault weapon does not mean you are able to run around with your gun.

Punishments for Assault Weapon Laws

Each punishment is different and depends on what rule you broke. Each charge can range from an infraction to serious felonies. Transferring or giving an assault weapon is a felony that’s punishable up to 8 year sin prison for each weapon. Possessing an assault weapon can be either a misdemeanor or a felony. As a misdemeanor you would see a year in jail and a max of a $1000 fine. As a felony you can see up to 3 years in prison and a max of $10,000 fine. Having a gun while committing another crime can add a year of prison sentencing in addition to the assault weapon law broken, and the crime committed. Any actual use of the gun will add a minimum of 3 years and up to 10 years prison sentence. Breaking any of the Assault Weapon laws will make you lose your right to own guns. If you were convicted of breaking the assault weapon laws, speak to an attorney. Owning a gun is a right that shouldn’t be taken away without a fight.

Coerced Confession

Coerced Confession

Coerced Confession is the act of making a suspect confess to a crime that goes against his free will. The ways that the police can influence the suspect can range from wearing him/her down psychologically, to physical force. the confession doesn’t have to meaningfully come from the suspect, it may come from the police just trying to desperately come to a conclusion. Although this tactic is used for the suspect to actually admitting the truth, it sometimes is used on the wrong people. Unfortunately those “wrong people” would just admit to them after being worn down by the questionings.Although its clear, officers aren’t allowed to get the truth out of suspects through brute force. The part where a coerced confession comes in is when the detectives start the questioning and trying to pin the target. They do this by mainly ignoring the suspects pleas and will use threats that the average person would fall for. The suspect would then be forced into a spot where desperation becomes an issue when he/she is isolated. In a desperate attempt the suspect would confess in order for help. The main tactics used by law enforcement is just pressure and deception.confession

What methods can be used for a confession

a real confession is one that has had no significant influence from the police. The problem is here is that the court must check all the methods used to get the confession. The police can use deception to reach another stage in the confession. Deception can only work if the detectives can prove through other evidence showing a suspect’s guilt. People can be very sensitive. In many cases many suspects may be worn down and just confess due to just pressure. It can get to the point where they even start doubting the truth. The police would feed them information, saying that “they” did it.

If you felt you were forced into a false coerced confession, an attorney can help you understand what actually happened.

Wiretapping Penal Code 631

Wiretapping Penal Code 631

Wiretapping. Wiretapping is commonly seen in movies and TV used by the cops to capture a suspect. However wiretapping does happen outside movies also, it can be used by everyday people. Although law enforcement does it, its only used to in criminal investigation. Even then the police needs a court order to even attempt a wiretapping. Using a third party machine, eavesdropping, or helping to intentionally tap into a phone line. And then use that information, are all illegal activities which falls under illegal wiretapping. Without the permission of both parties a wiretapping is considered an illegal activity. If you were to use the information gained from wiretapping in a future court case then you need to have consent from the other party. It does not matter what information you gathered through the illegal activity, all evidence gained through wiretapping is thrown out and disregarded. For example if the information gained in the wiretapping was crucial for use in a divorce case, then unless the spouse agreed to be wiretapped, its thrown out. Wiretapping can be used legally by law enforcement in some cases. Example would be in prison, most phone calls are recorded except those which involve you, your lawyer, religious advisor, or a physician.wiretapping

Punishment for Wiretapping

Wiretapping can be either a misdemeanor or a felony. Depending on the facts of the case and your criminal history. As a misdemeanor you can see up to a year in jail and/or a $2500 fine. As a felony then instead of jail you can see up to three years in prison. If you were previously caught with wiretapping or any related offenses, then the fine can go up to $10,000. The victim that was wiretapped can also sue you in a civil lawsuit. The amount can be three times the amount of damage suffered, or $5000 whatever is bigger.

If you felt you were illegally wiretapped, or that you had a legal right to wiretap, speak with an attorney. Technicalities swamp the issue and without proper advice it can be a disaster.