Thursday, April 12, 2007

Explanation for the Jimmy Michael Giorsetti - Don Bolles Penal Code 166 Violation Explained

A lot of people, including me, were wondering about the other two charges that were filed against Jimmy Michael Giorsetti (Don Bolles). A recap:

Seq S/A Violation Date Section Statute OL Violation Plea Plea Date Disposition Disposition Date
1 0 04/04/2007 11377(a) HS F Possession of a controlled substance NOT GUILTY 04/05/2007
3 0 04/04/2007 166(a)(4) PC M Contempt of court - disobey court order NOT GUILTY 04/05/2007
4 0 04/04/2007 166(c)(1) PC M Violation of protective/stay away order NOT GUILTY 04/05/2007

"PC" above refers to "Penal Code." Here are Penal Code sections 166(a)(4) and 166(c)(1):

166. (a) Except as provided in subdivisions (b), (c), and (d),
every person guilty of any contempt of court, of any of the following
kinds, is guilty of a misdemeanor:...(4) Willful disobedience of the terms as written of any process or court order or out-of-state court order, lawfully issued by any court, including orders pending trial.


(c) (1) Notwithstanding paragraph (4) of subdivision (a), any willful and knowing violation of any protective order or stay away court order issued pursuant to Section 136.2, in a pending criminal proceeding involving domestic violence, as defined in Section 13700, or issued as a condition of probation after a conviction in a criminal proceeding involving domestic violence, as defined in Section 13700, or that is an order described in paragraph (3), shall constitute contempt of court, a misdemeanor, punishable by imprisonment in a county jail for not more than one year, by a fine of not more than one thousand dollars ($1,000), or by both that imprisonment and fine.

Bad Cop News has the explanation.

Bolles was arrested and eventually ended up in Orange County Men’s Central Jail in Santa Ana on $25,000 bail, charged with felony Possession of a Controlled Substance, misdemeanor Contempt of Court for disobeying a court order, and misdemeanor Violation of a Protective/Stay Away Order. The felony drug possession charge carries a sentence of up to 20 years in prison. The latter two charges were brought by the Orange County D.A. and relate to an incident a year earlier when, after an altercation between Bolles and Cat Scandal, Bolles voluntarily signed a restraining order under which the two can see each other only under restricted conditions.

“It was an amicable restraining order after I got a Disturbing the Peace charge,” he explains. “The only thing that brings this into play is the felony drug charge they’re bringing now.”

Cat Scandal, who also plays drums in the Don Bolles Disaster, was not charged in the latest incident.

As noted above, the latter two charges are misdemeanors.

No idea what the "restricted conditions" are, and whether coffee or AA (always linked together) are on or off the permitted list.

Incidentally, I'll probably have something to say about Alcoholics Anonymous that is completely unrelated to this case, but I have to do a little more reading first.

Now that the Penal Code 166 mystery is solved, there's only one mystery remaining - who's Nikki Chambers? I was unable to find her at the California Bar Association web site. Perhaps another scandal is brewing... :)


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