Legal Question in Criminal Law in California
Vandalism Reasonable Cause
my friend driving my car we got pulled over right in front of my house getting home from a club and jack in the box
officer asks us to get out of car
he search car found my bb gun in middle console which was full with bbs and unused co2 cartridges with a few bbs in a little box
i totally forgot i had that there from a couple months ago because i was going camping and was going to use it for target practice or shoot some cans
officer informed me that there has been vandalism reports with bb guns around my neighborhood
so he arrested me for reasonable cause of vandalism
how are they going to prove that this was me doing these things?
i am 23 years old
i make good money
i am work almost everyday and always out of town
i even bought surveillance cameras around my house because we were in fact victims of vandalism ourselves
so now i have to go to court in January
i am not sure if i need a lawyer for this or not
i am completely innocent of this crime
any help will definitely be appreciated
thanks
5 Answers from Attorneys
Re: Vandalism Reasonable Cause
If these (or any other charges) are filed against you, you should certainly have a lawyer represent you. The officer may have searched your car illegally, and you may have a perfectly good defense to the charges. Either way, you say that you are completely innocent of these charges. But they prosecutor won't know or care. They'll base their decision on what the cop writes in his report and file whatever charges they think are justified by the story the cop tells. Your "innocence" will be your job to prove (despite the constitution telling us that you are innocent until proven guilty). For this, you will need a very good criminal lawyer because the criminal "justice" system is one of the most user unfriendly systems on earth. Just as you wouldn't do minor surgery on yourself, you should not attempt to represent yourself in criminal court. If you'd like to discuss this further with me, please don't hesitate to contact me. Steve Mandell
Re: Vandalism Reasonable Cause
Unfortunately, as you can see, sometimes the police take 'creative' liberties in determining whether a reasonable basis exists to conclude a crime has been committed by the particular person they are arresting. Additionally, the police report may be a further testament to their artistic ability.
Don't go this alone. Hire an attorney to fight this for you. Even if you are truly innocent, you still face a significant risk in that what you did or did not do is not as important as what the prosecutor can prove. You need a dedicated criminal defense attorney.
If you are serious about hiring one, feel free to contact us.
www.NotGuiltyInCA.com
George M.
951.742.8090
Re: Vandalism Reasonable Cause
The evidence you describe is quite weak. Are you sure there isn't more -- for example, an eyewitness who says she saw someone shooting a bb gun from a car like yours?
As others have suggested, get a lawyer. Even if the charges are weak, you will need competent defense counsel in order to bet them.
Re: Vandalism Reasonable Cause
You have read over and over you need an attorney, and I agree. Your good name, and reputation could very well hinge on the lawyer you choose to represent you.
Some people lose their good paying jobs if they are convicted of crimes, which is what vandalism is. While the evidence may not be strong, I have seen officers fabricate information to "get the conviction." Should you really go to court on your own?
JDH
Re: Vandalism Reasonable Cause
Unless you know how to practice criminal defense law, you should hire an attorney. Even though this is a 'minor' offense, it would create a criminal record.
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