Criminal Law actually picks up a bit in the holiday season. San Diego DUIs occur as holiday parties and celebrations go on. People have a small budget and they decide to take an item without paying because they did not want to disappoint. People are in a hurry and leave a car unlocked or a purse unattended in an aisle.
These are just two examples among many of the uptick in cases. Law Enforcement is out in force. It is key to be safe and know that you want to do all you can to stay out of the criminal system. If you do get in a pickle it is key to be proactive and call an attorney to assist you. TGIF.
The San Diego Sheriff’s Department is increasing patrols at local shopping centers to protect holiday shoppers and reminding residents to be proactive in crime prevention.
The department’s Holiday Watch begins this week and continues through early next year. It includes more patrols by uniformed and undercover deputies in various settings, including neighborhoods, malls, trolleys, Coaster, parking lots and other “hot spots” for criminal activity, according to a department press release distributed on Monday. These include shopping areas in Poway and 4S Ranch.
“Criminals do not take the holidays off and neither will our deputies,” said Sheriff Bill Gore.
In Poway, there will be extra patrols at Walmart to coincide with its Thanksgiving Day and Black Friday specials. The additional deputies will be on site from 3:45 p.m. Thursday through 6 a.m. Friday.
Shoppers will likely also notice bicycle patrols in the Target, Costco and Walmart parking lots in Poway on Nov. 30, Dec. 20 and Jan. 2.
In 4S Ranch there will be extra patrols in the 4S Commons Town Center and 4S Ranch Village Center on Thanksgiving Day plus from Dec. 1 through Christmas Eve.
In addition to the extra shopping center patrols, the department’s crime prevention specialists and Senior Volunteer Patrol members will be distributing holiday safety information and brochures throughout the holiday season in 4S Ranch neighborhoods. At the Poway Walmart, there will be a crime prevention booth starting at 11 a.m. on Jan. 5.
Some of the tips to lower the chance that you become a crime victim while shopping include shopping during the day and with a friend, being aware of one’s surroundings, not overloading your arms with packages and bags, parking in well-lit areas, having your keys out and ready when approaching your vehicle and being aware of how you carry your purse or wallet so it cannot easily be snatched. In addition, when at malls and stores be sure to lock vehicle doors, take valuables with you and when storing purchases in a vehicle, place them out of sight, ideally inside a locked trunk.
Shopping centers are not the only places where people need to be proactive, officials said. Residents need to lock their doors and windows at home, especially at night and when away. The Sheriff’s department is also reminding people to avoid opening doors to strangers and advising them to not place gifts where they can be seen from outside their home. After opening presents, do not pile the empty boxes outside since it gives burglars a hint of expensive new items you have. Instead, keep boxes inside until the night before garbage pickup.
The department is offering free security checks to point out your home’s vulnerabilities. To request the service, contact a crime prevention specialist by calling the Poway Sheriff’s Station at 858-513-2800 or the 4S Ranch Substation at 858-521-5200. More information is also available at
If going away for the holidays, lock your home, activate your alarm if you have one and do not share your plans on social media. Place a hold on mail and newspaper delivery or ask a trusted friend to pick it up. You can also ask a neighbor to occasionally park in your driveway. The Senior Volunteer Patrol conducts free vacation checks of homes. To sign up, go to www.sdsheriff.net or go to your local station.
As for other crime prevention activities conducted by the San Diego Sheriff’s Department in the coming month, they include DUI patrols in Poway on Dec. 13, 20, 27 and 31. Deputies will also be conducting a DUI checkpoint in Poway on Dec. 13 and 31.
Deputies will also be checking on parolees and probationers to ensure they are complying with the conditions of their release, according to department officials.
The full article can be found here.
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484. (a) Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property, or who causes or procures others to report falsely of his or her wealth or mercantile character and by thus imposing upon any person, obtains credit and thereby fraudulently gets or obtains possession of money, or property or obtains the labor or service of another, is guilty of theft. In determining the value of the property obtained, for the purposes of this section, the reasonable and fair market value shall be the test, and in determining the value of services received the contract price shall be the test. If there be no contract price, the reasonable and going wage for the service rendered shall govern. For the purposes of this section, any false or fraudulent representation or pretense made shall be treated as continuing, so as to cover any money, property or service received as a result thereof, and the complaint, information or indictment may charge that the crime was committed on any date during the particular period in question. The hiring of any additional employee or employees without advising each of them of every labor claim due and unpaid and every judgment that the employer has been unable to meet shall be prima facie evidence of intent to defraud.
459. Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, any house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle as defined by the Vehicle Code, when the doors are locked, aircraft as defined by Section 21012 of the Public Utilities Code, or mine or any underground portion thereof, with intent to commit grand or petit larceny or any felony is guilty of burglary. As used in this chapter, “inhabited” means currently being used for dwelling purposes, whether occupied or not. A house, trailer, vessel designed for habitation, or portion of a building is currently being used for dwelling purposes if, at the time of the burglary, it was not occupied solely because a natural or other disaster caused the occupants to leave the premises.
Burglary, under California Penal Code Section 459 is also known as “breaking and entering a property”, with the main aim being: to steal something or commit a crime. It should be noted that even if force is not used, it is still considered to be a burglary. There are mainly two categorizations of burglary, which are first degree burglaries and second degree types. We will examine each of these and their respective penalties.
Burglaries committed where someone lives are automatically classified as a first degree burglary.
Burglaries can be committed in any type of building, whether it’s a home, business, boat, store or anywhere else. For burglaries that occur in structures where people don’t live, these are considered to be second degree burglaries.
The threshold for determining whether a burglary has been committed is simple. First off, once someone “enters” a property to steal, even if it’s just the person’s arm that was used, it’s still measured to be a burglary. In addition, without stealing anything, if someone entered a property to commit a crime, then this is also classified as a burglary.
This explanation of penal code section 459 burglary is clear-cut and fines and fees for CPC 459 include:
First Degree Burglary is a felony punishable by ten thousand dollars and prison time of (2,4/6) years.
Second Degree Burglary can be either a:
• Misdemeanor, which is punishable by six thousand dollars and one year in jail.
• A felony punishable by ten thousand dollars and prison time of (16 months 2,3) years.
If there were any other crimes committed, burglars will be charged for those as well. In some cases an assault may have occurred in order to fulfill the steal or crime, and in these instances, an assault prosecution will be taken to trial as well.
Defenses for burglary include the fact that defendants may have been misidentified, falsely accused or set up for burglaries.