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  #1  
Old 06-16-2007, 06:18 PM
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Woman spots ID thief on street based on ATM photo, chases her, nabs her!

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/06/15/MNG77QG0G11.DTL&hw=identity+theft&sn=002&sc=827

Oh man, this felt good. The victim just happened to look out the window while at a coffee shop and spotted a fancy coat that looked just like the one in an ATM surveillance photo of someone who'd managed to empty her bank account.

She gave chase, was spotted, had the SFPD on her cell and they finally caught the waste of skin about 10 blocks later.

I had my checkbook stolen when I'd foolishly left it in my van and it was stolen. It was a major hassle but a walk in the park compared to what this lady went through.
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  #2  
Old 06-16-2007, 06:58 PM
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TAAAAAwanda!!!!!!!!!! I like stories like this. Thanks C.
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  #3  
Old 06-16-2007, 07:06 PM
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I am very, very familiar with those streets mentioned in the foot chase, and
having personally walked on them myself, there are some real hills involved, those women got some *real* exercise.

In this case, I suspect ADA Reve Bautista negotiated a plea bargain for a second grant of probation, because restitution for the loss was sought.
Had she simply tried to get probation (on the underlying case) revoked for this new, bizarre, caper, she could have had the woman sent to State Prison on the probation violation.

Problem with that was, though, when someone gets sent to State Prison, they don't have to pay restitution anymore.

But even in cases where restitution is ordered by the Judge in the sentence, it almost never gets paid in any meaningful way.
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  #4  
Old 06-16-2007, 09:15 PM
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I thought the sentence was a bit weak considering the way the perp smirked at the victim in court. Doesn't bode well for any sincere attempt at restitution. One wonders if that woman will suddenly discover enough talent to make an honest living at all, let alone have enough surplus to make restitution.
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Old 06-16-2007, 11:07 PM
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The defendant's facial expressions in Court at the moment of sentence are not important, as the Judge will simply be about to recite the terms and conditions of the previously negotiated disposition. A direct expression of contempt to the Judge personally, might be another matter, depending on the Judge.

The only subsequent enforcement tool that is available is that
the Judge can threaten to revoke probation and send the perpetrator to State Prison. (It is up to the Probation department and the DA to track restitution, and frankly, their caseloads are so huge that this isn't much of a priority for them).

But that outcome erases the obligation to pay any further restitution.

It hardly ever happens though. Fines and probationary costs, (typically
conditions of all grants-probation in California) are paid by the defendant in no more than 5% (at most) cases!

Obtaining restitution in full for out of pocket losses is, in the end, little more than a dream, generally.
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  #6  
Old 06-17-2007, 05:48 AM
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Quote:
Originally Posted by Mistress View Post
TAAAAAwanda!!!!!!!!!! I like stories like this. Thanks C.
Brings out the inner Nancy Drew in you perhaps?
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  #7  
Old 06-17-2007, 05:55 AM
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Quote:
Originally Posted by Jim B. View Post
The defendant's facial expressions in Court at the moment of sentence are not important, as the Judge will simply be about to recite the terms and conditions of the previously negotiated disposition. A direct expression of contempt to the Judge personally, might be another matter, depending on the Judge.

The only subsequent enforcement tool that is available is that
the Judge can threaten to revoke probation and send the perpetrator to State Prison. (It is up to the Probation department and the DA to track restitution, and frankly, their caseloads are so huge that this isn't much of a priority for them).

But that outcome erases the obligation to pay any further restitution.

It hardly ever happens though. Fines and probationary costs, (typically
conditions of all grants-probation in California) are paid by the defendant in no more than 5% (at most) cases!

Obtaining restitution in full for out of pocket losses is, in the end, little more than a dream, generally.
I can only imagine that facial expressions wouldn't have a lot of weight though the judge did admonish the perp for it.

Since getting any restitution out of her is almost certainly in the blood from a stone category, seems like at least 6 mos. to a year would be appropriate. Could well be, though, that the jails are already having to turn away more serious criminals -- serious as in personal violence.
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Old 06-17-2007, 07:09 PM
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A moment to remember.

Quote:
Originally Posted by cmac2012 View Post
I can only imagine that facial expressions wouldn't have a lot of weight though the judge did admonish the perp for it.

Since getting any restitution out of her is almost certainly in the blood from a stone category, seems like at least 6 mos. to a year would be appropriate. Could well be, though, that the jails are already having to turn away more serious criminals -- serious as in personal violence.
In fact they do. When I was new
as a clerk in SF Superior Court, I was assigned to a crusty old Jewish Judge, who it was rumored, packed a .38 pistol beneath the black robe. There are less than a dozen CCW permits issued in SF, and any Judge who wants one could get one. I knew two who did.

And when this Judge made his ruling, the losing counsel's jaw dropped a mile and he stepped back incredulously.

Seeing this, the Judge stood up and roared mightily,

' I WILL NOT HAVE MY RULINGS CHALLENGED BY THE FACIAL EXPRESSION OF COUNSEL !!!!!!

It was a priceless Courtroom moment, How I wish you could have seen it.
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  #9  
Old 06-17-2007, 09:37 PM
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This waste of life should be sentenced to a life of hard miserable work in Alaska. We need a nice misserable prison camp. Make her crack rocks the rest of her life.
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  #10  
Old 06-17-2007, 09:57 PM
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Quote:
Originally Posted by Hatterasguy View Post
This waste of life should be sentenced to a life of hard miserable work in Alaska. We need a nice misserable prison camp. Make her crack rocks the rest of her life.
And never be able to smoke another crack rock for the rest of her life
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1995 E 420, 170k "The Red Plum" (sold)

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1967 Mercury Cougar, 49k

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  #11  
Old 06-18-2007, 02:06 AM
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What pisses me off is that she could start this line of "work" again and not get caught for years. I read that many of them get away with it for a long time.

I forget if it was on this forum, might have been, where I read recently that some defendant responded to getting 5 years by saying, "That's nothing, I can do that standing on my head," whereupon the judge said, "Oh, is that right? Well let's make it 10 so you can have 5 years to regain your balance."

I would take pains not to be a smart ass were I up on anything serious, not that THAT will happen.
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  #12  
Old 06-18-2007, 05:57 AM
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Sounds like the vic spent a LONG time on the phone with the 911 operator.

How long should it take for an officer to show up?
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  #13  
Old 06-18-2007, 12:57 PM
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Quote:
Originally Posted by al76slc View Post
Sounds like the vic spent a LONG time on the phone with the 911 operator.

How long should it take for an officer to show up?
45 minutes, that seems like a long time.
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