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


Asked on 12/14/08, 7:27 pm

5 Answers from Attorneys

Steven Mandell Law Offices of Steven R. Mandell

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

Read more
Answered on 12/14/08, 7:59 pm
George Moschopoulos The Law Office of George Moschopoulos

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

Read more
Answered on 12/14/08, 9:55 pm
Edward Hoffman Law Offices of Edward A. Hoffman

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.

Read more
Answered on 12/14/08, 11:36 pm
Joshua Hale Hale Law Group

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

Read more
Answered on 12/15/08, 4:19 am
Terry A. Nelson Nelson & Lawless

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.

Read more
Answered on 12/15/08, 1:16 pm


Related Questions & Answers

More Criminal Law questions and answers in California