Legal Question in Criminal Law in California

It's almost always true. I see no reason why that statute would be an exception.

One commits a crime by taking an action which a criminal statute forbids. The law rarely requires knowledge that the action is forbidden.

I think some lawyer ought to mount a legal challenge to the maxim, "Ignorance of the law is no excuse." Since that hoary old legal chestnut has been around, there are now maybe 20 or 50 times as many laws. Nobody can possibly be aware of them all.

Nothing in the law is an absolute. However, generally ignorance of the law will not be a defense to a crime. California Penal Code, section 536a is regarding the duty to provide a written statement to principle or consignor when the person who entrusted the property with the person selling it seeks certain information in writing. Section 536a provides triggers for certain provisions of the statue to be applied. Basically, it provides that if someone makes a written demand for specific information regarding the sale of their property when it is being sold on consignment they are entitled to a written response with the answers to their questions. It does not apply to cash sales where the transaction amount is less than $50.00. If the items or item have not been sold then it requires a written response with only that information available at the time of the written inquiry. The information the statute requires is basic information that most contracts dealing with such things would require as well. So in this situation I can not see how ignorance of the law could provide a defense. There are certain situations where ignorance of the law can provide a defense but they are few and far between and this does not seem to be a situation where it would work. Depending on the value of the property and the facts surrounding the situation you may have some options available to you. I suggest you contact an attorney for at least an initial consultation and get some specific advise for your situation. If you do not know an attorney, contact your local county bar association and get some referrals from their referral list. An initial consultation is generally not very expensive and may very well provide you with essential information in this situation. Good Luck,

Brian D. McGinity