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	<title>Comments on: San Diego Criminal Attorney</title>
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	<link>http://www.pdinvestigator.net/san-diego-criminal-attorney.html</link>
	<description>Welcome to the PDI Network, a collection of (hopefully) useful links for criminal defense investigators, especially those who work for indigent defendants.</description>
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		<title>By: Jimmbbo</title>
		<link>http://www.pdinvestigator.net/san-diego-criminal-attorney.html/comment-page-1#comment-64</link>
		<dc:creator>Jimmbbo</dc:creator>
		<pubDate>Tue, 23 Jun 2009 22:18:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.pdinvestigator.net/san-diego-criminal-attorney.html#comment-64</guid>
		<description>no kidding...they where not even considerate enough to at least shred the evidence in order to protect peoples identities from identity theft.  Typical parasites...stupid and lazy!</description>
		<content:encoded><![CDATA[<p>no kidding&#8230;they where not even considerate enough to at least shred the evidence in order to protect peoples identities from identity theft.  Typical parasites&#8230;stupid and lazy!</p>
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		<title>By: savagenationarmydude</title>
		<link>http://www.pdinvestigator.net/san-diego-criminal-attorney.html/comment-page-1#comment-67</link>
		<dc:creator>savagenationarmydude</dc:creator>
		<pubDate>Tue, 23 Jun 2009 21:33:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.pdinvestigator.net/san-diego-criminal-attorney.html#comment-67</guid>
		<description>Yes... cops and the border barricade, border patrol... shipping illegals back to wherever they came from... and more cops. It&#039;s high time we enforce our laws... ALL of them!</description>
		<content:encoded><![CDATA[<p>Yes&#8230; cops and the border barricade, border patrol&#8230; shipping illegals back to wherever they came from&#8230; and more cops. It&#039;s high time we enforce our laws&#8230; ALL of them!</p>
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		<title>By: qwerty2143</title>
		<link>http://www.pdinvestigator.net/san-diego-criminal-attorney.html/comment-page-1#comment-60</link>
		<dc:creator>qwerty2143</dc:creator>
		<pubDate>Tue, 23 Jun 2009 07:56:18 +0000</pubDate>
		<guid isPermaLink="false">http://www.pdinvestigator.net/san-diego-criminal-attorney.html#comment-60</guid>
		<description>Its so silly......We hire companies who hire illegals, to keep illegals OUT.....This issue will never be resolved......Ironic indeed...</description>
		<content:encoded><![CDATA[<p>Its so silly&#8230;&#8230;We hire companies who hire illegals, to keep illegals OUT&#8230;..This issue will never be resolved&#8230;&#8230;Ironic indeed&#8230;</p>
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		<title>By: M. Lee</title>
		<link>http://www.pdinvestigator.net/san-diego-criminal-attorney.html/comment-page-1#comment-58</link>
		<dc:creator>M. Lee</dc:creator>
		<pubDate>Tue, 23 Jun 2009 03:12:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.pdinvestigator.net/san-diego-criminal-attorney.html#comment-58</guid>
		<description>You mention San Diego so I&#039;ll assume you&#039;re asking this question with California law in mind.

Things that are clearly not illegal:

*Cutting herself
*Screaming at him
*Making allegations about child abuse, in the absence of clear information to the contrary
*Using the baby as a way to control knowing where your nephew is
*Threatening to kill two of his friends if they go near him
*Fooling the judge into thinking anything (perjury is one thing, &quot;fooling&quot; a judge is something else entirely)
*Driving by your nephew&#039;s house (this in and of itself is not stalking under California law)
*Walking back and forth in front of his garage, in the absence of criteria needed to establish trespass
*Getting a restraining order against anyone
*Her sister&#039;s behavior as it relates to anything this girl is doing

Things that are illegal according to your descriptions:

*Battery on your nephew
*Vandalism to the windshield
*Taking property out of your sister&#039;s truck

Some of the other things might be illegal, but there&#039;s not enough information to determine based on what you&#039;ve written here.

The crimes you did list are misdemeanors (battery on your nephew may be a felony depending on the circumstances but my guess is it would be treated as a misdemeanor even if it was a technical felony).  Misdemeanors are punishable in California by up to one year in jail.  They are also punishable by much less than that.

What you and I consider to be an unfit mother is not the same as what the law considers to be an unfit mother.  If she treats the child acceptably (you didn&#039;t indicate anything to the contrary), then she very likely would be a fit mother under the law.  By it&#039;s very definition, a fit or unfit mother has to do with the relationship between the mother and the child...not the mother and all the other adults around her.  

Slander is not a criminal act, it&#039;s a civil one.  She can be sued for slander if the violations can be proven.  

What do I think his chances are in court?  Despite the vast amount of information you&#039;ve provided, it&#039;s not possible for anyone here to tell you.  Court isn&#039;t about &quot;chances,&quot; it&#039;s about what can be proven.  There are always at least two sides to every story and there rules of evidence which dictate what kind of information can and cannot be considered in court.

Your nephew needs to obtain competent counsel.</description>
		<content:encoded><![CDATA[<p>You mention San Diego so I&#039;ll assume you&#039;re asking this question with California law in mind.</p>
<p>Things that are clearly not illegal:</p>
<p>*Cutting herself<br />
*Screaming at him<br />
*Making allegations about child abuse, in the absence of clear information to the contrary<br />
*Using the baby as a way to control knowing where your nephew is<br />
*Threatening to kill two of his friends if they go near him<br />
*Fooling the judge into thinking anything (perjury is one thing, &quot;fooling&quot; a judge is something else entirely)<br />
*Driving by your nephew&#039;s house (this in and of itself is not stalking under California law)<br />
*Walking back and forth in front of his garage, in the absence of criteria needed to establish trespass<br />
*Getting a restraining order against anyone<br />
*Her sister&#039;s behavior as it relates to anything this girl is doing</p>
<p>Things that are illegal according to your descriptions:</p>
<p>*Battery on your nephew<br />
*Vandalism to the windshield<br />
*Taking property out of your sister&#039;s truck</p>
<p>Some of the other things might be illegal, but there&#039;s not enough information to determine based on what you&#039;ve written here.</p>
<p>The crimes you did list are misdemeanors (battery on your nephew may be a felony depending on the circumstances but my guess is it would be treated as a misdemeanor even if it was a technical felony).  Misdemeanors are punishable in California by up to one year in jail.  They are also punishable by much less than that.</p>
<p>What you and I consider to be an unfit mother is not the same as what the law considers to be an unfit mother.  If she treats the child acceptably (you didn&#039;t indicate anything to the contrary), then she very likely would be a fit mother under the law.  By it&#039;s very definition, a fit or unfit mother has to do with the relationship between the mother and the child&#8230;not the mother and all the other adults around her.  </p>
<p>Slander is not a criminal act, it&#039;s a civil one.  She can be sued for slander if the violations can be proven.  </p>
<p>What do I think his chances are in court?  Despite the vast amount of information you&#039;ve provided, it&#039;s not possible for anyone here to tell you.  Court isn&#039;t about &quot;chances,&quot; it&#039;s about what can be proven.  There are always at least two sides to every story and there rules of evidence which dictate what kind of information can and cannot be considered in court.</p>
<p>Your nephew needs to obtain competent counsel.</p>
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		<title>By: Sci Fi Fan</title>
		<link>http://www.pdinvestigator.net/san-diego-criminal-attorney.html/comment-page-1#comment-62</link>
		<dc:creator>Sci Fi Fan</dc:creator>
		<pubDate>Mon, 22 Jun 2009 13:58:05 +0000</pubDate>
		<guid isPermaLink="false">http://www.pdinvestigator.net/san-diego-criminal-attorney.html#comment-62</guid>
		<description>Death penalty for repeat offenders. Only way to show them this is not going to be tolerated any more.</description>
		<content:encoded><![CDATA[<p>Death penalty for repeat offenders. Only way to show them this is not going to be tolerated any more.</p>
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		<title>By: Kize</title>
		<link>http://www.pdinvestigator.net/san-diego-criminal-attorney.html/comment-page-1#comment-68</link>
		<dc:creator>Kize</dc:creator>
		<pubDate>Mon, 22 Jun 2009 13:48:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.pdinvestigator.net/san-diego-criminal-attorney.html#comment-68</guid>
		<description>Well hell yes. How about preserving what is ours and not theirs. And at least slowing the flow of bunk BS coke, crank and hop from there to here. And helping our own less fortunate through city, county, state and federal programs, instead of helping them have 6 kids by the time they are 23 years old. Come on America, isn&#039;t it past pathetic yet????</description>
		<content:encoded><![CDATA[<p>Well hell yes. How about preserving what is ours and not theirs. And at least slowing the flow of bunk BS coke, crank and hop from there to here. And helping our own less fortunate through city, county, state and federal programs, instead of helping them have 6 kids by the time they are 23 years old. Come on America, isn&#039;t it past pathetic yet????</p>
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		<title>By: Maricopa County</title>
		<link>http://www.pdinvestigator.net/san-diego-criminal-attorney.html/comment-page-1#comment-65</link>
		<dc:creator>Maricopa County</dc:creator>
		<pubDate>Mon, 22 Jun 2009 10:01:45 +0000</pubDate>
		<guid isPermaLink="false">http://www.pdinvestigator.net/san-diego-criminal-attorney.html#comment-65</guid>
		<description>The only problem with the whole case you are referencing is the sentencing phase. They should have gotten 37 and 21 years not months. Then the message would be clear. Keep illegals out!</description>
		<content:encoded><![CDATA[<p>The only problem with the whole case you are referencing is the sentencing phase. They should have gotten 37 and 21 years not months. Then the message would be clear. Keep illegals out!</p>
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		<title>By: ?•?•xXx•?— BOMB ? SHELL?•xXx•?•?</title>
		<link>http://www.pdinvestigator.net/san-diego-criminal-attorney.html/comment-page-1#comment-56</link>
		<dc:creator>?•?•xXx•?— BOMB ? SHELL?•xXx•?•?</dc:creator>
		<pubDate>Mon, 22 Jun 2009 06:23:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.pdinvestigator.net/san-diego-criminal-attorney.html#comment-56</guid>
		<description>the whole country is going to s,hit..the politicians pander and take money  the cops do whatever they feel like,,the people get taxed to pay for it all..they all rail at special interest groups...Like me i guess...im retired AARP...a special interest group...im a home owner...special interest there...i  hunt every fall [guns are bad!]...theres another... last month a guy in my county was arrested for DUI   for the 9 th time...Why isn&#039;t he doing 10 years...he didn&#039;t learn the 1st 2nd,3rd 4th 5th 6th 7th 8th times...My senator&#039;s [VA] aid got caught taking a gun onto a plane,,oops,,,sorry,,,charges dropped...lets see what happens if i do it</description>
		<content:encoded><![CDATA[<p>the whole country is going to s,hit..the politicians pander and take money  the cops do whatever they feel like,,the people get taxed to pay for it all..they all rail at special interest groups&#8230;Like me i guess&#8230;im retired AARP&#8230;a special interest group&#8230;im a home owner&#8230;special interest there&#8230;i  hunt every fall [guns are bad!]&#8230;theres another&#8230; last month a guy in my county was arrested for DUI   for the 9 th time&#8230;Why isn&#039;t he doing 10 years&#8230;he didn&#039;t learn the 1st 2nd,3rd 4th 5th 6th 7th 8th times&#8230;My senator&#039;s [VA] aid got caught taking a gun onto a plane,,oops,,,sorry,,,charges dropped&#8230;lets see what happens if i do it</p>
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		<title>By: ?•?•xXx•?— BOMB ? SHELL?•xXx•?•?</title>
		<link>http://www.pdinvestigator.net/san-diego-criminal-attorney.html/comment-page-1#comment-63</link>
		<dc:creator>?•?•xXx•?— BOMB ? SHELL?•xXx•?•?</dc:creator>
		<pubDate>Mon, 22 Jun 2009 02:54:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.pdinvestigator.net/san-diego-criminal-attorney.html#comment-63</guid>
		<description>I&#039;d say, change whatever needs to be changed to put our military on the border and start defending America and her citizens!</description>
		<content:encoded><![CDATA[<p>I&#039;d say, change whatever needs to be changed to put our military on the border and start defending America and her citizens!</p>
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		<title>By: arghh</title>
		<link>http://www.pdinvestigator.net/san-diego-criminal-attorney.html/comment-page-1#comment-57</link>
		<dc:creator>arghh</dc:creator>
		<pubDate>Sun, 21 Jun 2009 23:09:07 +0000</pubDate>
		<guid isPermaLink="false">http://www.pdinvestigator.net/san-diego-criminal-attorney.html#comment-57</guid>
		<description>I had a friend in law school who was a cop (and actually went to school PT while he was working as a cop).  I think, if anything, it would help you (there aren&#039;t a lot of cops who go to law school, and you&#039;ll do really well in Crim Law and Procedure).</description>
		<content:encoded><![CDATA[<p>I had a friend in law school who was a cop (and actually went to school PT while he was working as a cop).  I think, if anything, it would help you (there aren&#039;t a lot of cops who go to law school, and you&#039;ll do really well in Crim Law and Procedure).</p>
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