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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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Regarding a legal defense in an evasion of payment case, specifically,

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Regarding a legal defense in an evasion of payment case, specifically, California Penal Code 640 (c) (1), the offender states he threw his ticket away after entering the transit vehicle. The statute uses the terminology, “evasion.” Since the offender did buy a ticket and later discarded it, would that negate evasion? Can the letter of the law be used as a defense in this situation? The offender’s defense in this case is that he did not evade payment but used poor judgment in lacking responsibility of holding onto his ticket. According to the offender, he did have his ticket when he entered the public transit facility and the transit vehicle. Is simply not having a ticket construed as guilt in the case of evasion?

Samuel II :

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Samuel II :

I suggest that yes, that can be a defense. Remember, the burden is on the state to prove otherwise, beyond a reasonable doubt

Samuel II :

So if he says he had the voucher/ticket and just discarded it, the state has to prove he is not telling the truth.

Samuel II :

I suggest that perhaps there are cameras at the point of entry where the purchase was made and that he can subponea the tapes showing a purchase being made.

Samuel II :

As it stands, I suggest you can argue the ticket was bought, he tossed it or lost it and request the state to prove otherwise. Have them subpoena the tapes showing he never made the purchase.

Samuel II :


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