Legal Question in Criminal Law in California

Wrongfully acused...

The acused will be: X

Store employee will be: Y

I would like to know what are some possible outcomes in these cases and what advice or knowledge should be known...

This case involves Toys R Rus and a shopliffter and gentleman in the next parking lot wiping off his car.

so the shoplifter runs out of the store and gut Y chases him through Toys R Rus parking lot into the next. As they run passed guy x (guy x startled)he looks up and then continues wipeing off his car when suddenly guy y runs to the front of guy x's car and jumps on it and then orders him to give him his license # and plate #. He says what and tells him to get off his car and if he wants the plate # it's on the back. Then guy y says looks like you won't be giving your friend a ride today. Still having no clue what was going on he tells the guy to get off his car again. the guy refused so guy x gets in his car and proceeds to drive up the street. Then he stops the car and the guy gets off and runs.

At court guy y states that guy x seemed to be with the shoplifter and that when they were up the street guy x jumped out with a gun.

There was one witness and said that guy x never got out of the car and no gun.

Any information is great.


Asked on 12/15/01, 6:48 pm

2 Answers from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Wrongfully acused...

I must concur with Mr. Hobbs that this is a strange fact situation. If what you state is true, then yes, X has defenses, factually, based upon what happened.

Best of luck.

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Answered on 12/17/01, 12:49 am
Victor Hobbs Victor E. Hobbs

Re: Wrongfully acused...

Guy 'Y' needs a commitment under Health and Safety Code Section 5150. Guy 'X' isn't far behind him. The only thing I can think of to charge Guy 'X' with is driving with a reluctant passenger on the hood of his car. The D. A. has a Guy 'Y' whose testimony is now so suspect (the lie about the gun, etc.) that he is almost useless as a witness. And remember that Guy 'Y's' testimony is an opinion statement, which will not fly. However, this story is so bazaar that I'm again a believer in Santa Claus. Thanks for providing me a story that reaffirms my belief that there's truly dumb people in the world.

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Answered on 12/15/01, 9:22 pm


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