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Re: Today I got a summons from the LA Sheriff and added to the LA terrorism list (Long)

Posted by R36 #9346 on Fri Oct 29 21:32:28 2010, in response to Today I got a summons from the LA Sheriff and added to the LA terrorism list (Long), posted by Easy on Sat Mar 18 20:02:12 2006.

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*** I am not a lawyer ***

If the summons shows "640(R)(6)" as you claim, then you have a significantly greater chance of winning your case. From what I can see, there is NO sub-section of California Penal Code 640 identified with the letter R. The only thing that comes close is CPC 640(b)(6), which, as you say, is for "Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior."

Several years ago, I received a summons because an officer observed my photographing at Smith-9th Streets. The officer issuing the summons cited "1050.c(5)" as the rule that I was allegedly violating.

Even assuming that the officer meant 1050.5(c), the officer's observations on the NOV were insufficient to establish a prima facie case against me, so it was dismissed. It was kinda funny in a way that when I was in the room with the hearing officer at TAB, he spoke his findings into a tape recorder, and as he was dictating his finding, when it came time to cite the rule I was allegedly violating, he said "1050.c(5) or 5(c), or something like that…"

Anyway, you might be able to get the charges dismissed on technicalities like incorrectly citing the rule which you are allegedly violating.

Also, if the NOV says that you have to appear "on or before" a particular date, you have the choice of coming before. That's what I did.

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