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  1. #1
    Join Date
    Oct 2011
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    Default Vandalism and Domestic Violence

    My question involves criminal law for the state of: California

    So i was drinking we got home and were arguing outside i cracked the windshield and broke a bottle. Tjey arrestedme for vandalism but when it came to court was in the domestic violence. My public defender recomened i pleax not guilty cause the deal was way to much for the charge. I did not hit the bf . Also i was reading the police report and the police said they came into my house and arrested me in the living room on the couch. There is no living room or any type of couch in my apt.. I was sitting on the floor in bedroom. Is this considered false police report? The let me out on OR my public defender says she wants to get charges drop. Did i make a mistake in pleading not guilty and not taking the deal? Will there be another deal? And can the no contact order be removed? Need advice..sorry for the bad grammer not used to typing on phone.

  2. #2
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    Aug 2011
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    South-Central Cali
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    Default Re: Vandalism W/ Domestic Violence

    WHAT was the "deal"? WHAT are the charges?

  3. #3
    Join Date
    Oct 2011
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    4

    Default Re: Vandalism W/ Domestic Violence

    Quote Quoting quirkyquark
    View Post
    WHAT was the "deal"? WHAT are the charges?

    If i remember.correct 5 years summary probation, 785 fine, 15 days com serv , classes and 3 years no contact. The charge is vandalism 400 or less i guess imin the domestic viloence court cause was my bfs car? Confuses me

  4. #4
    Join Date
    Sep 2005
    Location
    California
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    14,038

    Default Re: Vandalism W/ Domestic Violence

    What is the charge you face? Do you ONLY face PC 594(b)(2)? Or is there more?

    You might get another plea offer from the DA, or you might not. You might have to go to trial. If you are convicted at trial (and unless you can cast doubt that it was you who broke the windshield) you face up to 6 months in county jail, a fine of up to $1,000 (plus fees and some court costs - could be more than double that), a few years of probation, counseling and the no contact order.

    The error in the police report will do little more than allow your attorney to bring into question the officer's recollection of events if this goes to trial.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  5. #5
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    Oct 2011
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    4

    Default Re: Vandalism and Domestic Violence

    The only charge im aware of is the vandalism less then 400. Only paperwork i was given was no contact order. The public defender told me she wanted to argue that i didt break the window intentipnaly. I told the police i did break the window but it was a accident i had been drinking and arguing and i talk moving my hands alot. I slammed my hand on the dash and when i lifted them up it hit the winshield cracking it. was it bad advicee to not take deal?

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,038

    Default Re: Vandalism and Domestic Violence

    You are going to argue that you hit the dashboard and then raising your fists off the dashboard, you broke the windshield? Realy?

    Sorry, but I don't think that argument will cut it. And per statute your voluntary alcohol impairment is NOT a defense to the intent necessary to commit the crime.

    And convincing a court or jury that breaking the window was a complete accident is POSSIBLE, but probably not likely.

    I'd say the deal was decent, but not great. But, understand that the DA does not even have to offer a plea.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  7. #7
    Join Date
    Oct 2011
    Posts
    4

    Default Re: Vandalism and Domestic Violence

    Wow she seemed so sure.... They gave me 2 court dates. Now im praying for another plea

  8. #8
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,038

    Default Re: Vandalism and Domestic Violence

    Quote Quoting Vr825
    View Post
    Wow she seemed so sure.... They gave me 2 court dates. Now im praying for another plea
    Well, she may know something about the details that we don't. So do not discount her thoughts because I say so, I just find it unusually optimistic. But, I do not know the facts.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

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