Legal Question in Criminal Law in California

One night a few weeks ago I was stopped at a stop light, a man who I think is an illegal immigrant then lightly rear ended my card with his old beat up chevy truck. When I got out to see if there was any damage to my bumper, which there wasn't, I told him he should be more careful as driving while on a cell phone is illegal in CA. I assume that's why he hit me. Since there's no damage, I told him we can both move on. Then a few weeks later I get a letter from a detective asking to call her. When I did she asked me about the incident. I told her the same. She then said the other driver's story was that when I got out of my car, I pulled out a knife, punctured all 4 of his tires and broke his windshield, then fled. A block or so from the incident, he had the police come out to witness the damage and they made a police report. This is insane! The detective said she'll be in touch so what should I do? Help! I'm 54 yrs. old with a herniation in my neck and lower back, never been arrested and have a clean driving record.


Asked on 9/17/11, 11:17 am

4 Answers from Attorneys
David M. Wallin Law Offices OF David M. Wallin

It would take far too long to tell you by this medium. Call my office at 661-267-1313. I am available Monday thru Friday...9 am to 5 pm. If you want to speak over the weekend, call my office and my 24 hour service will get your name and number and get ahold of my blackberry. I will then call you back so we can go over everything that MUST be done to try to avoid some very serious charges of, POTENTIALLY....Assault with a Deadly Weapon.....Vandalism....and Hit and Run. I will await your call....David Wallin

Read more
Answered on 9/17/11, 11:55 am
Steven Mandell Law Offices of Steven R. Mandell

You need to speak to a criminal lawyer as soon as possible, and certainly before you talk to the police again. The story this man told them is so far from the story you tell that it can either be incredible, or true. However, there are many questions that can be raised about the man's story, including how he moved the car 1 block or so with 4 punctured tires. Unless he claims that the car is exactly where it was when "you" punctured his tires. There is something very weird going on, and you need a criminal lawyer. If you'd like to talk to me about this matter, please feel free to contact me. Good luck. Steve Mandell 310 393 0639

Read more
Answered on 9/17/11, 11:59 am
Terry A. Nelson Nelson & Lawless

When threatened [as you are], arrested or charged with any crime, �What can you do�? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice [if not already too late] to exercise the 5th Amendment right to SHUT UP and do NOT talk to police or ANYONE about the case except an attorney. That includes on this or any other web site or public forum. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation.

Read more
Answered on 9/19/11, 1:54 am


Related Questions & Answers

More Criminal Law questions and answers in California