Legal Question in Criminal Law in California

Alleged Vandalism

I was contacted this evening by an

officer requesting I return to the

parking lot where I had dinner. It

was alleged that I had approached an

occupied vehicle and keyed the car.

The officer claimed 30 minutes after

the alleged crime occurred that he

had a video camera capturing the

incident. There was no altercation

between me and the reporting party

and the charges are baseless. The

''victim'' contacted the police and

provided the license plate information

from my vehicle, and a description of

me corroborated by the two other

passengers in her vehicle. Would this

evidence be sufficient to secure a

conviction and how best does one

handle ''my word against theirs''

allegations? I was with my fiance

and a friend who corroborate my

account. I was cited under PC 594

(b)(2)(A). Thank you!


Asked on 6/07/09, 3:02 am

4 Answers from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: Alleged Vandalism

This is an example why you have a right to a lawyer and a jury. A good lawyer can probably show that the "witnesses" either did not really see the incident, or are just trying to help thier buddy get a new paint job. You should say nothing to the police until you review all the evidence against you. For example, if the video shows you walking next to the alleged damaged car, but you deny to the police you ever got close to the car, you could be convicted of a crime you did not commit.

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Answered on 6/08/09, 8:55 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Alleged Vandalism

If there is indeed is video tape which is showing you in the act, you are going to have a tough case to defend. Otherwise, it looks like you might have a perfectly defensible case. Call a couple of lawyers to see who might be right for you.

Jacek W. Lentz, Esq.

213.250.9200

www.lentzlawfirm.com

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Answered on 6/10/09, 1:28 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Alleged Vandalism

You did not have to go anywhere with the police, and you did not have to confess. Now you are going to need to hire a lawyer, or you can use the public defender if you want to plead guilty. If you do hire a lawyer, be sure to do so well in advance of your first court date. Since this is a misdemeanor, if you hire a private lawyer you won't have to go to most court appearances. The lawyer you hire will be able to get a copy of the video, if there really was one.

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Answered on 6/07/09, 3:10 am
Karen Olson Attorney at Law

Re: Alleged Vandalism

Hmmmm. The fact that the officer claims to have a video tape, capturing the incident is very concerning. It would seem to NOT be a "he said/she said" type of case. Being caught on tape is extremely damaging to any so-called defense. You need to contact a criminal defense attorney as soon as possible. A cursory look at the surveillance tape should enable your attorney to determine the best course of action. By the way, it is not uncommon for businesses to have parking lot surveillance cameras running for liability purposes.

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Answered on 6/09/09, 3:16 pm


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