Legal Question in Criminal Law in California

Re: Prowling or investigating?

I agree with your analysis.

Remember, the D.A. is going to overcharge you so that you will plead to something less, something more along the lines of what actually happened. If the D.A. charges you with exactly what you did then they have to plead you to something else.

This is the sick and twisted way our current criminal justice system works now.

My advice is to not plea or negotiate with the D.A.. Simply take them to trial and beat the pants off of them. It sounds as if your friend was not doing anything but being a considerate neighbor to the family. I would tell that story and believe that the jury would not acquit.

He is helping people based on the fact that he heard the dogs barking at something suspicious. Most people would have stayed in bed and not wanted to get involved. Your friend was willing to help. That is uncommon and should be rewarded not prosecuted. But that is just how I feel about it.

Re: Prowling or investigating?

I agree 100% with attorney Lowe on this. If the way you state the situation is accurate, no crime has been committed--not even simple trespass. I second your nomination as good citizen of the year. This is a case that no reasonable DA would file but that doesn't mean it won't be filed. You could ask a lawyer to intercede for you to persuade the DA to reject this case for filing. That might cost you a couple of hundred bucks but it is likely to save you the aggravation and associated legal costs of defending a criminal charge.