Legal Question in Criminal Law in California

My son got a notice in the mail that his car had been "used" in a "CRIME"..he called the police and they told him that someone reported to the police that they "Saw" my son bend over, pick something up, scratch a car and then leave at a supermarket parking lot. Police now say that the "Witness" is coming in and will try to identify. How do they do that? Will they have other pictures for them to choose from? What kind of charge is this? Does he need an attny? What rights does he have?

Is this one word against another? I am assuming the witness has nothing to do/nor related to the person with the car. He is in his mid thirties and said he did not do it.


Asked on 2/17/11, 12:43 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If the witness can identify him, however the police choose to present the line up, and the witness has already identified the car by getting the plate number, then the witness testimony would be sufficient to convict. The charge would be vandalism, or similar misdemeanor, carrying up to 6 months in jail and fines. He can also be sued by the victim.

The ONLY specific advice you should expect to get from here or elsewhere is to exercise your 5th Amendment rights to SHUT UP, hire an attorney, and do NOT talk to anyone except an attorney about the case. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative'. While this isn't a 'capital case', you risk jail and fines, so handle it right. Unless you know how to effectively represent yourself in court, hire an attorney who does. If this is in SoCAL, and you�re serious about hiring counsel, feel free to contact me.

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Answered on 2/17/11, 3:08 pm


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