Legal Question in Criminal Law in New York
Threatened with car vandalism charges. Should I hire a lawyer?
This happened in Upstate NY. Last week, I had an argument with a housemate about a drunken party that she organized and that got the house trashed. A few days later, her car was apparently broken into and vandalized for $500 worth of damage. I don't know more details and I had nothing to do with the incident. I was told that she will press charges against me because she thinks it was I who did this, in revenge for the party. Normally I would not be concerned, but my fingerprints are probably inside the car as she gave me a couple of rides recently. How serious is this, and what is my best move under the circumstances? Thank you.
4 Answers from Attorneys
Re: Threatened with car vandalism charges. Should I hire a lawyer?
There are several things that should be discussed in such a situation. Primarily, you may be eligible for legal aid dependant upon your income. However, in order to do so you will have to be arrested and arraigned first. If, however, you chose to hire an attorney it may be possible for that attorney to communicate with the police on your behalf and see if they can ensure that you're not arrested to begin with, and if you are ensure that the process goes as quickly as possible...
it may be worth the money to simply hire someone from early on to sconsult with you on this matter. Feel free to give us a call for a free phone consultation at 212.709.8303
Re: Threatened with car vandalism charges. Should I hire a lawyer?
1. Don't panic. It may be that nothing happens to you. Don't spend endless hours worrying about something you can't control.
2. I lean against Carlos' approach of having a lawyer call the police. Let sleeping dogs lie. I'm not saying he's wrong, but I would avoid drawing their attention to it.
3. If the police do approach you, do NOT discuss the case with them. You can tell them your name and address, and show them your ID. Do NOT answer any substantive questions. Just say "My lawyer told me not to answer any questions like that." They will then say something like: "This will go a lot easier if you cooperate." The correct response is: "My lawyer told me you might say something like that. He still told me not to answer."
4. If you do get approached by police, and/or charged with a crime, tell them you want a lawyer. Then hire a lawyer.
Warren
Re: Threatened with car vandalism charges. Should I hire a lawyer?
You should retain an attorney or at the very least get a consultation so you know who you will hire if there is an investigation and/or arrest. In these types of situations an attorney can sometimes help prevent an arrest from being made in the first place. Once there is an arrest things can be more complicated. There is no downside in at least speaking to an attorney about your situation and some attorneys will offer a free consultation. If the police do approach you I would not make any statements until you have had a chance to speak with an attorney.
Re: Threatened with car vandalism charges. Should I hire a lawyer?
The advise that I can give you will be down the middle of the three you already have.
First, I think consulting with an attorney is always a good idea. The answers that you will get in a forum such as this are generic at best and will not completely cover your individual situation.
Second, after you have consulted an attorney, you should follow the advice of Warren Redlich. Let sleeping dogs lie and do not alert the police to a situation that may not develop. Your housemate may not have contacted the police and/or the police may not see a valid case since that person does not have personal knowledge of who damaged the vehicle, only suspicion and if you contact the police, you could end up saying something that can confirm a false suspicion.
I would remember what is stated in the prior answer and give those answers to the police if contacted and then retain a lawyer or if you have already consulted a lawyer then call that person.
If you would like a consultation, you can contact me at 516.746.4747 or [email protected].
Joel R. Salinger, Esq.
Law Office of Joel R. Salinger
114 Old Country Road
Suite 440
Mineola, New York 11501
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