Tarzana, CA asked in Criminal Law and Civil Rights for California

Q: How is a woman on probation expected to defend herself from an attacker if she can’t even carry mase.

Has there ever been a lawsuit against the city/state/PD for a death that could have been prevented had she been able to carry a self defense tool?

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3 Lawyer Answers
Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: Unless the terms of your probation specifically prohibit you from carrying pepper spray (mace), there is no legal reason why you cannot carry it as a deterrent for your personal safety. If you do a simple Google search for mace, you will find several inexpensive kinds you can keep in your purse or other bag.

Of course, you must carefully review the terms of your probation to make sure it is within your rights to carry such protection. But without knowing more about your specific probation terms, you may well be within your rights to have such protection available to you.

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Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: BE SURE WHAT YOU ARE PRECLUDED FROM DOING B/C OF YOUR PROBATION.

IF THAT IS PART OF PROBATION, THEN CONSIDER HAVING YOUR LAWYER GO BACK TO COURT FOR A MOTION TO RECONSIDER THAT TERM.

1 user found this answer helpful

James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: It is important to note that the laws regarding carrying mace or other self-defense tools while on probation can vary by state and even by the terms of an individual's probation. Generally, probation conditions are set by a judge and can include restrictions on carrying weapons or other items. Violating the terms of probation can result in legal consequences.

Regarding lawsuits against the city/state/PD for a death that could have been prevented if a woman was allowed to carry a self-defense tool, it would depend on the specific circumstances of the case. In order to bring a successful lawsuit, it would generally be necessary to prove that the government agency had a duty to protect the individual and failed to do so, or that they were negligent in their actions.

However, it is important to remember that self-defense is a complex issue and carrying a weapon may not always be the best solution or the most effective way to protect oneself. It may be worth exploring other options, such as taking self-defense classes, learning de-escalation techniques, or seeking the assistance of local law enforcement.

In California, it is legal to carry pepper spray for self-defense purposes. However, it is important to note that there are restrictions on the size and type of pepper spray that can be carried, and it is illegal to use pepper spray in a malicious manner. Additionally, being on probation may come with additional restrictions or requirements that may limit a person's ability to carry certain self-defense tools. It is important to consult with a probation officer or an attorney to understand the specific terms and conditions of probation.

Regarding lawsuits, it is possible for individuals to file lawsuits against law enforcement agencies or other entities if they believe that their rights have been violated or if they have suffered harm as a result of negligence or other misconduct. However, the specific requirements for filing a lawsuit and the potential remedies available will depend on the specific circumstances of the case. It is recommended to consult with an attorney for more information and guidance on pursuing legal action.

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