Legal Question in Criminal Law in California
PC 594 (A) - 594B1 Vandalsim
I have been accused of vandalism, that I have no idea of taking place. My neighbors do not like my Mom, or myself, and have been threatened lately with this accusation being told that we need to move out and pay for the damages which I have apparently caused. I just got a letter in the mail with a mandatory court appearance in a couple of weeks, I would like to know all of my options, and what to expect in court. I am a law abiding citizen and do not want this to effect my ability to get a job or go on my record in any way. Also, don't I have to be subpoenaed?Is this lawful just demanding that I appear in court, and accusing me of this crime?
6 Answers from Attorneys
Re: PC 594 (A) - 594B1 Vandalsim
You got a courtesy notice in the mail. No, they don't have to subpoena you. If you don't show up on the date in the letter, they'll give you a different sort of invitation - an arrest warrant. Better to show up, rather than have them track you down and you face the judge with handcuffs on.
If you say you didn't do this, then get yourself an attorney and fight. The DA has to be able to prove beyond a reasonable doubt that you were the one that actually caused the damage.
And FYI - don't take this lightly. If you're charged under Penal Code section 594(b)(1), that's vandalism over $400 in damages and is potentially a felony count.
It's time to consult with a criminal defense attorney.
Re: PC 594 (A) - 594B1 Vandalsim
Maliciously using the criminal justice system to harass innocent people has become a wide spread practice that the law has really not caught up with yet. You have no choice but to spend whatever you need to in order to avoid a conviction. If you are innocent, do NOT take any plea bargain, no matter how innocent the charge may sound; no matter how minor the punishment.
Having any conviction on your record is extremely damaging to your career, social life, education, job, etc. After you prove yourself innocent, pursue a factual innocence petition to clear your arrest record too, so you have nothing whatever on your criminal history.
For further information on clearing your record, see:
http://lawyer-expungement.com/petition.htm
Good luck.
Re: PC 594 (A) - 594B1 Vandalsim
Your options are appear, or have a warrant issued for your arrest. Get an attorney if you don't understand the process and how to defend yourself against a prosecutor trying to put you in jail. While this isn't a 'capital case', you risk jail and fines, so handle it right. It is already 'on' your record as an arrest charge. Your attorney's job is to try to prevent it from going 'on' as a conviction.
Re: PC 594 (A) - 594B1 Vandalsim
Your options are appear, or have a warrant issued for your arrest. Get an attorney if you don't understand the process and how to defend yourself against a prosecutor trying to put you in jail. While this isn't a 'capital case', you risk jail and fines, so handle it right. It is already 'on' your record as an arrest charge. Your attorney's job is to try to prevent it from going 'on' as a conviction. Feel free to contact me if serious about doing this right.
Re: PC 594 (A) - 594B1 Vandalsim
Yes you must appear if it is a felony, an attorney may appear for you if it is a misdemeanor. I have been successful in having some cases reduced to infractions which will not appear on your record. Otherwise go to trial and be proven not guilty. Contact me directly.
Re: PC 594 (A) - 594B1 Vandalsim
Unfortunately, even if the accusations against you are completely false, you have to do what anyone accused of a crime must do - defend yourself in court. For this, you will definitely need a lawyer - private or public. Also, you are not entitled to any formal subpoena or service process. They can just set a court date without actually letting you know.
One option you might consider is to hire a private lawyer before any charges are filed to convince the investigators and/or the prosecution the accusations are without merit. I would not try doing anything like this by yourself. Anything you yourself say can and absolutely will be used against you.
Best,
Jacek W. Lentz, Esq.
213.250.9200
www.lentzlawfirm.com
Related Questions & Answers
-
Polygraph mandatory is a polygraph mandatory for burglary investigation Asked 6/01/09, 7:46 pm in United States California Criminal Law
-
Provocation resulting in battery what can be used as defense in provoked battery? Asked 6/01/09, 4:06 pm in United States California Criminal Law