Legal Question in Criminal Law in California

Graffiti

Late one night I intended to spraypaint a wall (already layered with graffiti) but then decided not to. By the time I got to my car an hour or so later after leaving the wall, I was pulled over by police who believed I was vandalizing. They ended up going through my car and found spray paint.

Now that I am at court they are trying to make me pay restitution, even though I did not do anything and wasn't caught in the act of doing anything. This is my second time being stopped with paint as a minor, what is most likley going to happen to me? Can they make me pay for damages just for the intent?

Also, I was given a traffic ticket for the same incident but it was separated from the other charges. Can this be labeled as double jeopardy?

Thank you


Asked on 5/29/07, 5:04 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Graffiti

Mere intent to commit a crime is not a crime by itself. The police would not have arrested you and the prosecutor would not have charged you if they believed you didn't tag the wall.

As to your question about double jeopardy, the answer is no. Double jeopardy means a second prosecution for the same crime. Your traffic violation is probably not a crime at all, but even if it is it is not the same crime for which you are being prosecuted in superior court. The fact that you committed it at the same time does not change this fact.

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Answered on 5/29/07, 3:07 pm


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