Legal Question in Criminal Law in California
i have a question regarding citizens arrest. when is it considered illegal? i have a friend who went to this house down the street, and handcufed this guy and he brought him back to his house. someone called the police. the guy said he was held against his will. now my friend has kidnapping, assault, false imprisionment charges on him. what are the gray areas of citizens arrest? my friend has an felony background too. he is also charged with prison enhancements. as for that, he was at a program in july 04, got sent back to prison and released to parole in oct 04. he did the crime in aug 09. how can he be charged with prison enhancement if he went to a program in june/july 04? the crime was committed after the 5 yr mark.
2 Answers from Attorneys
You do not state what crime he was arresting the other person for. Even if he had the right to make a citizens arrest of the other person, once he put him in handcuffs there was no reason to move him to another location. He should have called the police from there. Normally for a citizens arrest the person must personally see the crime being committed, and not act on assumptions. The whole notice of a citizens arrest is that if a person sees a crime being committed and there are no police there, to stop the person from running away they must have a legal right to stop that person and get the police to arrest him.
As to the rest of your question, the dates do not make sense to me. You should repost the question.
Your friend needs a good criminal defense attorney, not answers to law school questions. He should have asked all those questions and learned the answers and the laws before breaking it. He faces felony charges that are going to be enhanced under the 3 Strikes law because of his prior felony[s]. Whether he had a 'legal right' to citizens' arrest, or to transport someone, become his primary defense arguments. Obviously, the police and DA think he committed a series of crimes, or they wouldn't have arrested and charged him. Me telling you that I don't think they were right to do so is of no value to him. Now, if he is serious about getting that legal help, feel free to have him contact me.
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