Legal Question in Criminal Law in California

Thresholds

Where can I get the legal definition of willfullness, opportunity and knowledge as they pertain to criminal law? This case is a parole violation where the parolee purchased a used vehicle and there was a rusted knife stuck up inside the door panel that he did not know was there.


Asked on 4/28/99, 1:27 pm

1 Answer from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Thresholds

Obtaining a definition of these terms will require considerable research. You should look in the following sources;

1. California Criminal Law by Witkin

2. CEB, Criminal Law

3. Matthew Bender publishes a set on Criminal Law.

There may be other books on Criminal Law that are available. The above books should be available in most county law libraries. Be sure to use use the California definition as the definition in other states may be very different.

It would seem based on the limited facts that the lack of knowledge would be the best approach. If the rusted knife was inside the door panel and the individual did not jnow about the knife that his finger prints would not be found on the knife. The lack of finger prints, assuming that finger prints could be lifted from the knife, should be sufficient to have the charges dropped.

Further the removal and replacement of a door panel should result in the finger prints of the person removing and installing the door panel being found somewhere on the side of the door panel that is not exposed except when the panel is removed.

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Answered on 5/03/99, 2:33 pm


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