What's the PCF?

[pacrat]

Went back and read the article link. Got this;

BPD reported the utility pole belonged to PG&E and it was about to be installed. It added PG&E declined to proceed with any criminal charges.

Another few questions if you dont mind. ....

It is my understanding that a LEO must witness infractions and misdemeanors, with certain exceptions on the latter, related to victims willing to pursue charges.

But felonies can be arrested, charged, and made to stick, with solid PC, and evidence that the subject actually committed the felony. Without a victim filing a complaint?

Please enlighten me if that is incorrect.

If this clown was charged with either 594 or 487 as felonies. Would a victim complaint, be required to get a conviction? Especially since the PG&E employee witnessed the theft, reported it, and was available for subpoenaed testimony. Whether PG&E pursued the matter or not?

No way this clown could ever make a judge believe he was innocent. That somebody else must have tied the 50 Ft log to his car, that he drove several miles through town, without him knowing it.

Or is it likely, IYO, that an ADA would just reject it. Due to lack of interest on PG&Es part?

[Rustlin’ Jack]

From leginfo:

836.
(a) A peace officer may arrest a person in obedience to a warrant, or, pursuant to the authority granted to him or her by Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, without a warrant, may arrest a person whenever any of the following circumstances occur:
(1) The officer has probable cause to believe that the person to be arrested has committed a public offense in the officer’s presence.

(2) The person arrested has committed a felony, although not in the officer’s presence.

(3) The officer has probable cause to believe that the person to be arrested has committed a felony, whether or not a felony, in fact, has been committed.

All crimes in California are actually committed against the state. As long as the prosecutor can show that there is a victim, the crime can be prosecuted, whether the victim supports a complaint, or not. The most obvious example is a murder. There is a victim, but the victim is unable to testify in their own behalf.

Regarding the charge of 594 PC, the prosecutor would need to prove intent by the suspect to damage other property. The grand theft charge is a no-brainer in this case.

Prosecutors are generally reluctant to charge crimes, unless they have a victim, who is cooperative and willing to testify. Domestic violence cases are another example of felonies that are prosecuted, regardless of whether the victim is supportive of prosecution or not.

[pacrat]

From leginfo:



All crimes in California are actually committed against the state. As long as the prosecutor can show that there is a victim, the crime can be prosecuted, whether the victim supports a complaint, or not. The most obvious example is a murder. There is a victim, but the victim is unable to testify in their own behalf.

Regarding the charge of 594 PC, the prosecutor would need to prove intent by the suspect to damage other property. The grand theft charge is a no-brainer in this case.

Prosecutors are generally reluctant to charge crimes, unless they have a victim, who is cooperative and willing to testify. Domestic violence cases are another example of felonies that are prosecuted, regardless of whether the victim is supportive of prosecution or not.

The bolded are as I understood. But was not sure of.

Thanks for your concise accurate answers Jack.

DA discretion can often be a fickle thing. Especially in Ca with liberalism chewing away at our justice system. I applaud the ADAs that are standing up, and suing leftist DA clowns like Gascon for his failure to even allow them to do their jobs. But that is OT for this thread, and just my opinion.

Be Safe

[Luis650ar15]

When in doubt........PCF is always speed! Sounds like he was driving way too fast to navigate the roadway, dragging a huge telephone pole lol

[Ron-Solo]

11550 H&S, tweeking in a no tweek zone has got to come into play also, but not a PCF.