Monday, February 12, 2018

Over-criminalization, Overzealous Prosecution: The Case of a California Trump Supporter


A friend of mine, Patricia, gave me a ride to an event in Santa Monica last week. She was willing to drive far out of her way from the Inland Empire to the South Bay to pick me up. Like many Southern California Trump supporters, she is not afraid to take the fight right to the streets and get up front with the cameras and her fellow conservative patriots.

On the way back home from last week's event, she told me that she had been convicted of a crime, and it was serious enough that the San Bernardino County sheriff confiscated her fire arms as part of the plea deal.



What happened?

She was demonstrating at a pro-Trump rally on 2015. One lady got really close to her, and Patricia told her to back off. The woman, who was originally from El Salvador, reported Patricia to the police.

Instead of diffusing the situation adequately, the county sheriff placed her under arrest for making criminal threats. Incredible. She remained in custody—in jail—for 12 hours. The judge posted a $50,000 bail amount on her.

She did bail herself out by paying a bondsman $5,000, money that she will never get back. This woman is a nurse, has never committed a crime in her life, and she has to throw away $5,000 to get out of jail for a crime that she did not commit!

Then she hired a lawyer, which cost her $5,000. When her advocate asked her about the case, and who was accusing her of making criminal threats, she responded that she had no idea about this lady from El Salvador. She didn’t even know the “victim’s” name!

This crime, PC 442, does not require any proof other than someone claiming that someone else had made a “criminal threat”, according to Patricia. The charge is called a “wobbler,” which means that prosecutors have the discretion to charge the crime as a felony or a misdemeanor,

Felonies are serious. They can cost a defendant their right to vote, run for office, as well as pursue certain careers. Because she is a registered nurse, she potential could lose a lot.

And there was more trouble from her after that.

When the county district attorney found out that she owned registered firearms, the county sheriff arrived at her home and confiscated them. Why? Because she was under indictment for making criminal threats, and she could have possibly used the firearms which she kept under her bed to harm someone.

In spite of her legal challenges, a number of friends and witnesses testified on her behalf. She had even collected written statements of declaration affirming her innocence. The legal battle was prolonged, lasting about a year. Not only that, but her registered nurses' license was in jeopardy, too!

She ended up losing her job over this criminal action, too.

The case dragged out for over a year. The time, the resources taken away from her proved more than she could afford. She ended up plea down to a misdemeanor--disorderly conduct--since the trauma of the case had grown so great. She had already spent $5,000 to defend herself in court, then another $5,000 to hold onto her nurse's license.

I respected her decision, even though she felt that she should have fought it. Many of her friends criticized her decision not to fight the criminal charges all the way.

Patricia rebuffs: "They don't understand, though! I was unemployed for three months. My license was at stake."

Indeed. I know how difficult it is for someone to obtain a registered nurse's license in the state of California. My mother was a registered nurse, and she had worked very hard to obtain it, in spite of many challenges and obstacles in her life. Even after she left nursing as a daily profession, she retained her license and renewed it every two years, the effort and achievement of obtaining it was that valuable.



She ended up fighting against the California Nurses Review Board and winning, too. They didn't revoke or suspend her license, but they did issue a public reprimand, which still shows on her record to this day. She also had to pay their attorney fees! Every time that she applies for a job, she has to recount what happened to her in 2015 at the Trump rally.

"Does anyone have idea how embarrassing that is?!"

I can’t imagine, and I don’t want to imagine. But to her credit, she not only has an excellent job as a case manager, she actually works two jobs and can't turn down the work, her profession is in such high demand, and there is a massive shortage in her field.

The most disturbing aspect of this whole case? She never got her guns back. She refused to contest for them, in part because her plea deal mandated that she could not own firearms for three years. This is ridiculous! Even when someone commits a crime, does that mean they have no right to defend themselves or their property?

Legislation in the state of California has not only forced law-abiding citizens to register their firearms, but Democrats in Sacramento have come up with all kinds of loopholes to justify taking away a citizen's firearms. One piece of legislation has deemed that if someone suffers from a mental disorder, they state can take their guns away.

Consider that depression and post-traumatic stress disorder fall into the "mental illness" category. This is very serious, as there are many law-abiding citizens who suffer through tough times emotionally. Our veterans gave everything for this country, and some of the suffered massive forms of PTSD. Even after receiving quality treatment to easy the mental anguish, they have endured the confiscation of their firearms by the state!

This is wrong, and we have to stand up to it! The Second Amendment is not a suggestion, but a God-given natural right which the Constitution affirms for our protection. More citizens in the state of California need to be made aware of this.

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