Monder Law Group - News
Potential Criminal Charges for Pokemon GO Users in San Diego
With the recent trend of downloads for this active Pokemon Go application people will find themselves susceptible to possible criminal liabilities given how close we are to the Comic-Con festivities. Separating real world movement with the digital world becomes the biggest issue for local law enforcement. Many crimes require specific intent but following directions on an application may distract people from their real-life volitional movements that may have a severe impact on yourself or society.
Even though these issues may appear minor, it potentially could lead to criminal prosecution. For example, people driving erratically causing issues trying to find key character’s like Pikachu or trespassing on someone’s private property to find another. Even though there may be no real consciousness of guilt shown but it is the presence of a threat perceived by others that becomes the problem. Individuals that have downloaded the application can only appreciate this application but for the rest of society actions will be interpreted as a threat to themselves and the safety of others. This is the biggest concern for the district attorney’s office anywhere when filing formal charges against someone. They have to weigh the interests of society against the individual’s interest. If the reasons to prosecute outweigh the reasons to mitigate, then you will be facing criminal charges.
A lot of the regulation has to do with how law enforcement perceives the situations in our society from an objective standpoint. This is not always the case though. Often time’s law enforcement will interpret a situation multiple ways that will favor prosecution. In today’s society, the best advice would be to video record any encounter with law enforcement because it leaves any interpretation to the eye of the beholder. If you have questions about your criminal case, feel free to contact San Diego Criminal Attorney Vik Monder at 619-405-0063 or visit San Diego Criminal Attorney.