Legal Question in Criminal Law in California

Graffiti charges

A relative(underage) of mine and I(adult) were involved in some activities dealing with graffiti. As a result, various properties were damaged. It wasn't just us two involved but other persons as well. About two months later, detectives come to my front door, where my brother and I were outside with a friend. The detectives start to search us, and when asked what it was about, they refuse to reveal their reasons and demand that we be quite. They found marijuana on my brother, and periphenelia on me. Then they proceed to scare my mother saying that if she doesn't cooperate, we will be taken to jail. She let's them search our room finding sketch books and markers, which in turn is incriminating evidence. Then we are taken for interrogation and shown pictures of the damages and asked to mark what we only did. Then we were asked more questions and released. When the charges to my brother came, the dollar amounts for the damages seem ridiculous ($400+) for just one person's involvement in the crime which wasn't much. Mine haven't arrived. So my concerns regarding this situation are, on what grounds did the detectives acted upon and if the charges being made are for the absolute damages or just his contribution to the crime?


Asked on 6/25/04, 4:27 am

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Graffiti charges

Thank you for your posting.

You've asked on what grounds (or "probable cause"), the detectives acted on. That question would be impossible to answer without the police report, or just based upon the limited information given, but you may have been subjected to an illegal search.

For evidence in a case to be admissible, or valid for prosecution, an officer must show that they had a reasonable suspicion of criminal activity to show probable cause that you were violating the law, and the officer must give you your Miranda rights after you are arrested, if he is going to interrogate you.

Normally, after reviewing the case with you and going over strategy and options, an attorney would file motions, including any or all of the following:

1. Motion for dismissal based upon the statute of limitations or failure to meet the requirements for a case.

2. Motion to suppress evidence on the ground that you were unconstitutionally stopped.

3. Motion to suppress evidence on the grounds that there was an unconstitutional search and seizure.

4. Motion for Discovery of all evidence.

I hope that this information helps, but if you want more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist you in any way that I can.

Read more
Answered on 6/25/04, 4:54 pm


Related Questions & Answers

More Criminal Law questions and answers in California