Legal Question in Criminal Law in California
I have been falsely accused of vandalizing a vehicle. A claim has been filed with the persons insurance and I do not know if a police report was filed. Can you please advise what I need to do to make sure I am not financially responsible for the repairs? Thank you
2 Answers from Attorneys
The question of your financial responsibility is a civil law question, not a criminal law question. The one thing I do advise is that you not talk to the police or let them search your house or car without a search warrant. You have constitutional rights use them. If a police officer contacts you insist that you will not speak to them without an attorney present.. It can only hurt you to talk to them.
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I disagree with Mr. Shapiro to some extent. A criminal conviction for vandalism would trigger a restitution hearing, in which the court would order you to pay the victim's damages. The fact that a claim was filed with the other person's insurance company does not mean that criminal charges will be filed. I suggest speaking to an attorney with criminal defense and civil litigation experience near you.
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