Stand Your Ground.

[.357cal]

Originally Posted by Citizen

What does wobbler mean?

A type of crime that could be prosecuted as either a felony or a misdemeanor.

[bigrich]

Originally Posted by Tom98915

Just something I heard in a conversation:
" If the bad guy gets killed, it's your word against theirs."

Yeah, but how d....Ohhhhhh!!!

[bigrich]

Originally Posted by YankeeDog

I live in a house where the bedrooms are upstairs. I have an alarm system which, unset, will chirp when any first floor door is opened, including the garage. Each night before we retire all doors and windows are checked. We never leave an open window on the first floor. They are also alarm-armed.

We have panels with panic buttons on the first floor and in the master bedroom.

Frankly spending the two or three minutes nightly to check everything is routine. If anyone tries to enter our home at night, it will be very difficult for the BG to really cause harm becuse the procedure is hit the silent panic button and wait upstairs armed.

We also have a very protective 100 lb. watchwolf roaming the first floor.

The whole point of this post is to point out that individuals can protect themselves with simple procedures making it difficult to break in at the beginning.

Some may point out that alarm systems are expensive and maybe unreliable, but a good one is cheaper than a protracted lawsuit and possilbe criminal action against you.

my .02

I put bars on my windows. landlord refused to split the cost with me, I paid for it all myself and think it was a good investment. my neighbor or I chase prowlers/window peepers(now why would a young man want to look at me in the window?) away a few times a year, and I feel much safer with the bars.

[gschoelles]

You must be a Handsome Dog!

Originally Posted by bigrich

I put bars on my windows. landlord refused to split the cost with me, I paid for it all myself and think it was a good investment. my neighbor or I chase prowlers/window peepers(now why would a young man want to look at me in the window?) away a few times a year, and I feel much safer with the bars.

[Quietpi]

Originally Posted by Rob P.

459 is a wobbler. Deputy DA's are under the gun to get convictions in order to advance careerwise. DA's are always under scrutiny to be "tough on crime" so they will charge and make plea deals to get the BG convicted. It makes them look good.

If there is any way to get the BG burglar to plead to something and then go to jail which will save time for the DA to prosecute someone else, the DA will do it. I have defended many convicted burglars who have multiple burglary offenses behind them and they ALMOST ALWAYS will plead to reducing the wobbler to a misdemeanor to avoid the felony/strike conviction. The DA will ALMOST ALWAYS make that plea deal because it's fast and easy and they KNOW the BG will usually accept it. It's only the stupid ones who go to trial.

The judge doesn't care whether it's a wobbler or not; he just follows the recommendation from probation.

The DA will not write civil immunity into the plea deal. It violates the BG's rights and the judge won't enforce it and it could possibly cause the judge to deny the plea or the appeals court could overturn the plea/conviction on that basis.

Agree to all, Rob P. but I still wonder about the last paragraph. BG's sign away other rights - making themselves and their residences searchable, agreement not to associate with certain individuals, etc. Also I know the DA's write in bars to civil action against the DA's office. Why not this?

(This is all hypothetical / a teachable moment, BTW.) (Well, unless we can get a DA to do it.) And, true, Party A can't sign away the civil rights of Party B.

[Yoda]

Think of Janet Reno and her neck sack...

[Yoda]

Originally Posted by Yoda

Think of Janet Reno and her neck sack...

sorry,

Didn't hit the quote button:


#30 (permalink)
Yesterday, 02:24 PM
Citizen
Sacramento Member


Join Date: Aug 2011
Location: Sacramento County
Posts: 276

What does wobbler mean?

[Rob P.]

Originally Posted by Yoda

Think of Janet Reno and her neck sack...

No no no. Those were wattles not wobblers.

[Dr.Spebble]

Alright. Alright. Janet Reno happens to be my Mom,s sister and I would appreciate it if these personal attacks would cease. She can no more help the way she looks than you can.

[mark]

Originally Posted by Dr.Spebble

Alright. Alright. Janet Reno happens to be my Mom,s sister and I would appreciate it if these personal attacks would cease. She can no more help the way she looks than you can.

I can see the humor in your post

[Dr.Spebble]

Originally Posted by mark

I can see the humor in your post

Crap! Busted! Very astute of you, Mark.

[Rob P.]

So, do you start your various family invitations with "Dear Auntie"...?

[PHM]

California has been a stand your ground state based on 150 years of case law. Here is a good article from no other that the leftist sfgate acknowledging this fact.

Stand-your-ground the rule in state, courts affirm

[Quietpi]

I spent the day in the car with an attorney. This among many other topics were discussed.

Bottom line, what RobP said. Not surprising, given Rob's bona fides, although Rob may have a leg up on my friend in the area of poultry.

A couple things: Burg of an occupied dwelling is not a wobbler for what that's worth. On the other hand, felonies are pled down to misdemeanors all the time, so that level of protection is far from reassuring.

Tom's quotation of rkmagician pretty much sums it up: " 'Once that thing goes bang a minimum of 2 lives forever change.' - rkmagicman"

[Citizen]

Originally Posted by PHM

California has been a stand your ground state based on 150 years of case law. Here is a good article from no other that the leftist sfgate acknowledging this fact.

Stand-your-ground the rule in state, courts affirm

PHM, thanks for the Chronicle link. I searched for CALCRIM and found the full detail of the jury instructions - very interesting. I think I will read, re-read and become familiar with the jury instructions for the firearms laws that I could be at risk for in my desire to protect my family and myself. I want to better understand the ramifications of my owning, possessing, carrying and using my firearms, so that I never commit a crime or am suspected of commiting one.

Here is a useful document: http://www.courts.ca.gov/partners/do...im_juryins.pdf pages 1069 - 1084 has relevant information.