Legal Question in Personal Injury in California

I was arrested this week while I was waiting in a friends car to get towed. someone in the neighborhood called the police based on a suspicious activity thought(waiting for the tow truck). The police got there and asked my friend and I to get out of the car. They searched the car and found there was aerosol cans. I explained to the officer the intended use of the cans. He kept searching the car and simply told me "I DONT BELIEVE YOU I'M GOING TO ARREST YOU." I am 18 so there was no crime being broken there and before he took me to the jail he told me he was arresting me because he "THOUGHT" I was "GOING" to do some sort of vandalism. Was this right? could he have done that to me and took me to jail? on the citation I received it says CODE & SECTION, PC 594.2. I looked it up and it stated that anyone who has a marking substance with the intent to commit vandalism, I ask myself how is waiting in a car waiting to get towed a intent to commit vandalism??? was this right and did the officer have the right to arrest me and take me to jail? I am Hispanic and the neighborhood this incident took place in was predominantly Caucasian.


Asked on 10/09/10, 3:10 pm

1 Answer from Attorneys

Jim Betinol Withrow and Betinol Law

From the facts you stated above, the Police has no basis to give you that citation. Feel free to contact my office for a free consultation.

Jim Betinol

Attorney, Partner

Withrow and Betinol Law

[email protected]

(t) (424) 229-2560

Disclaimer: This communication does not create an attorney-client relationship and such a relationship can only be formed through a signed written agreement. This communication is not legal advice and should not be solely relied upon in making your legal decisions. Any situation depends on many different facts and specific laws that require an in-depth legal consultation to evaluate the best solution for your needs.

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Answered on 10/14/10, 3:21 pm


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