Legal Question in Real Estate Law in California

criminal prosecution for permit violations

Live in private community beyond locked gate where 15 to twenty other land owners installed mobile homes and then built on to them over the last 20 years without permits�. A vindictive new neighbor not wanting anyone to drive through his property on an easement road complained to the permit departments� I am Being prosecuted for living in an un-permitted mobile home� the other land owners, including the vindictive one, were secretly allowed to submit to the auditors office and pay a penalty of 4 years back tax�s�. however I was singled out and prosecuted� I argue this is targeting, and selective prosecution� they say fair or unfair� I�m the one being prosecuted�. Everyone else will be overlooked.. And allowed to stay in their un-permitted mobile home conversations�.my public defender says I have 3 choices�. Either sell my property below market value and get out, or tear down my home, never to return�. (Impossible to return because to get a permit it would cost $433,000.00 just to bring electricity in� or go to jail because she has no defense. I ask why she can�t at least get an injunction to stop prosecution and request the court investigate targeting, and selective prosecution in that no one else is or will be prosecute


Asked on 3/07/08, 12:05 pm

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: criminal prosecution for permit violations

If selective prosecution is a defense, a criminal lawyer would know, not a real estate lawyer. Repost this as a quetion for the criminal law panel.

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Answered on 3/07/08, 12:19 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: criminal prosecution for permit violations

I think you should heed the advice of your public defender as to whether you have a justifiable claim that the prosecution is discriminatory or vindictive. Merely being "selective" is not sufficient - often prosecutions have to be selective because the DA doesn't have the staff or money, nor are there enough judges, to bring every case to trial.

Claims of unequal treatment by prosecutors in selecting particular classes of individuals for prosecution are evaluated according to ordinary equal protection standards, which require the defendant to show that he or she has been singled out deliberately for prosecution on the basis of some invidious criterion, and that the prosecution would not have been pursued except for the discriminatory purpose of the prosecuting authorities. People v. Stewart (2004) 119 Cal.App.4th 163.

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Answered on 3/07/08, 1:38 pm


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