11 Dec What Circumstances Does California’s False Imprisonment Penal Code 236 Cover?
One of the most horrifying and humiliating scenarios is to be arrested and jailed on charges as a suspect in a crime you did not think you committed. The best advice in the early hours is to avoid answering any questions until that certain person can hire a criminal defense attorney to help navigate the murky waters of the legal system.
The first step is for the attorney to find out what the exact charges are and the
The Emotionally Charged Scenario
In one example scenario, a person may claim that you restrained him/her from leaving your car during an argument. If that person, merely placed a hand on the arm to stop from leaving so you two could talk further, this is a case of false imprisonment that is covered by the California Penal Code 236.
If you reach across and hold the door closed so the person cannot leave the car, then this also false imprisonment even without touching the other person. If you used force or exhibited a menacing attitude to stop the other individual from leaving, thus keeping him/her in the car against their will due to the threat of violence, then the charges can be upgraded to a felony with more severe outcomes. That person
It is unfortunate that you may not have done any of these things, yet a person can still accuse you of having
It is also the duty of the prosecution to prove beyond a reasonable doubt, that you did commit this crime by showing that you did intentionally restrain an individual and force what you wanted against their own desire to leave the car.
Citizen’s Arrest and False Imprisonment
California’s Penal Code 837 gives the conditions under which you can make a citizen’s arrest, such as in a robbery of a store or of a woman’s purse while out in public. You can make a citizen’s arrest if you saw the crime when it occurred. You can also do it when a suspect committed a felony, even though it was not in your presence.
The third condition is if the felony occurred, and you have reasonable cause for believing that person to have committed it. One scenario is if an individual yells that a person running away, stole a purse or a bag. You can then make a vocal non-violent citizen’s arrest.