Wednesday, March 03, 2010

(Some) Prosecutors are idiots

Reason 10,984 why I am a public defender is to help people charged with bullshit cases. Check this shit out: a couple is being charged with misdemeanors for removing their lawn in an effort to save money and reduce water usage. They have a new baby and are trying to reduce their monthly expenses. As a new mommy, I can totally appreciate that. The City Attorney of Orange, California apparently does not appreciate that. Even after the couple installed a pretty decorative fence and some drought resistant plants, still not good enough. The Code says 40% of the lawn must have living plants, god damn it! These people must be PUNISHED! They must COMPLY! If they don't, they can get up to 6 months in jail!!

So, let me get this straight...California is constantly in a drought. City officials are always telling people to CONSERVE WATER. This couple went from using 299,221 gallons a year to 58, 348 gallons a year. Good for the environment, right?? No, fuck these criminals says the prosecutor. These people are more concerned with providing for their daughter than with keeping their fucking grass green. If they didn't provide for their daughter, then the city attorney would charge them with child abuse.

Read the article here. And don't ask me why the dumbass author of this article doesn't realize that the couple isn't being sued, as the headline implies, they are being prosecuted. Just a smidge of a difference.


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9:59 PM  
Anonymous Amp Mod said...

You really don't know the difference between a civil action and a criminal prosecution? Of course you do--you're just another lawyer who sees accuracy as an impediment.

9:19 AM  
Anonymous Anonymous said...

Hi Ipse Dixit,
I use the "Ipse Dixit Falacy" and "argumentum Ignorantum" in my civil case against corrupt lying, riverside animal control and agent lesley heunnekens for Abuse of Process, conspiracy to seize, harm, starve our horses following Writ of Mandamus/Injunction to find our illegally -without notice-siezed horses.
They recommended their own volunteer, Jason LOpez to board our horses with following the ca. wildfires. He starved our 10 horses while they were boarded out with him - jason lopez - for 4 the months following the wildfires which destroyed the ranch we were moving to. see our story PLEASE on "Pro per inc - Franklin and Trea Cleaves story and "corruptionriversideanimalcontrol" This nightmare has been going on for 3 years now. Since the Indigent Defense attorneys also work Directly for Riverside County Counsel- the defense attorneys for all county agencies, we have been charged with felony animal cruelty for over 2 years now. the "Conflict Defense" attorneys refuse to speak to us. They have only Protected animal control. This is supposed to be America!!!
My email is ""
This has to be a very big problem for public defenders - that is defending someone whom the police or animal control or code enforcement illegally targets. Please check this out.

1:27 PM  
Anonymous Anonymous said...

I commend people who raise hell against prosecutors who are unjust and/or idiotic,having said that,I'd be relieved if some prosecutors are punished by losing their jobs,being "thrown" in jail (if they're involved in crime) and also I don't care if someone publicly humiliates an immoral and/or absurd prosecutor.

12:51 PM  
Anonymous Jeffrey Deutsch said...

This looks like shooting the messenger. If it (was? is?) against the law to have < 40% of your lawn be living plants, then (assuming it is a bad law) our attention needs to be directed to the mayor, city manager and City Council to ask them to change the law. Not the officials who carry out the laws.

(If the prosecutor or other officials did pick and choose which laws to enforce based on their personal beliefs, then they should indeed be slapped down and maybe fired or even worse.)

Now at least, the times, they are a'changin'.

(H/T: This NSFW source.)

As for the terminology, yes the reporter here seems to have been a bit confused about civil and criminal proceeding terms. I get the impression that people much more commonly use "sue" and "lawsuit" to refer to all kinds of proceedings, than they would use "misdemeanor violation" to refer to purely civil proceedings. So I'm assuming this is actually criminal.

As for providing for their daughter: Newsflash, that's not generally an exemption from the law. Some laws are quite inconvenient and might even be expensive to obey. If you'd have difficulty both meeting minimal standards for providing for a child and complying with, say, lawn-maintenance laws, you have options:

* Don't have a kid in the first place,

* Live in an apartment, condo, co-op or similar arrangement where lawn maintenance won't be your responsibility,

* Fight to change the laws (while doing either or both of the above in the meantime),

* Move to where the laws you find problematic aren't in place (and be prepared to fight to keep it that way of course).

Jeff Deutsch

7:14 AM  

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