Legal Question in Criminal Law in California

Felony Arrest for Vandalism

I recently was arrested for felony vandalism. It is alleged I threw a rock that shattered my father’s truck windshield. Immediately prior to my arrest, I believe I ignorantly incriminated myself to this alleged vandalism, and am concerned a Miranda violation may have occurred.

I have no prior criminal arrests or convictions, but was twice involuntarily committed at age 15 under 5150 of the Welfare and Institution Code which stemmed from an emotionally and physically abusive childhood by my parents - my father being the alleged victim in this vandalism case - that included being kicked out of my family home. I am now age 21 and believe I want to be a school teacher, but of course cannot if I receive a felony conviction. I understand a private attorney might be able to contact the district attorney’s office at this pre-filling stage of charges and possibly get the felony charge dismissed, or reduced to a misdemeanor before any formal charge is filed against me. If this is correct, could a public defender do likewise? But if not, can I, or anyone else write to the district attorney in general to offer mitigating circumstances to consider in their evaluation of what, if any, charge to be filed? Thank-you


Asked on 10/14/07, 7:59 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Felony Arrest for Vandalism

Do not try to deal directly with the D.A. The odds that doing so will help you are close to zero, while the odds that it wil hurt you are very high.

Public defenders are attorneys and can do just about anything privately-retained attorneys can do, but they usually don't have as much time to give a case as would private counsel. Hire your own lawyer if you can, but don't feel relying on a public defender will put you in a bad spot.

Even if you can't afford a private lawyer, you will not be entitled to a public defender until charges have been filed, so you won't be able to have one try to prevent the DA from filing felony charges against you. Whether a private defense lawyer could accomplish this is impossible to say without more information, but it seems very unlikely.

Your comments to police may or may not have involved a Miranda violation. Here again I would need more facts. Statements you make on your own initiative -- whether to the police or the DA -- can generally be used against you, which is why you should not try talking to the DA without counsel.

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Answered on 10/14/07, 8:10 pm
Terry A. Nelson Nelson & Lawless

Re: Felony Arrest for Vandalism

Yes, negotiations can be conducted anytime after the DA gets the file from the police. Public defenders are not likely to be as aggressive as private counsel, but if that's all you can afford, then make the best of it. However, you can't have PD appointed until you appear in court, and by then [obviously] the charges have already been filed. If you're serious about getting private counsel, and if the case is in SoCal, feel free to contact me.

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Answered on 10/15/07, 4:46 pm


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