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  1. #1
    Join Date
    Apr 2009
    Posts
    1

    Default Minor Falsely Accused of Felony Property Damage

    My question involves criminal law for the state of: AZ

    Some universally disliked "mean girls" have had their houses and cars egged and even spray painted to the extent of significant property damage. My daughter was at the heart of a cyber war of words, etc. around this time and now my daughter is at the top of the list of suspects in the vandalism. A police officer came to my house asking questions and my daughter denied involvement but noted that many people would have motive. Apparently it has happened repeatedly to several houses, police reports have been filed and recently a police detective assigned to the case came to my house to talk to my daughter. It was obviously a scare tactic and it worked, as he said he (supposedly) had enough to arrest her on a felony charge. He talked about how he was just doing his job, his time as a detective was valuable, he just wanted the whole thing to stop, etc.

    The "evidence" is based on alleged eyewitnesses (the vindictive teenage girls) and vehicle descriptions with license plate numbers. Since these people know where I live and one of the vehicles in question is always parked outside it doesn't take a genius to acquire a plate number. And this vehicle never leaves the house during the late hours of the alleged vandalism. And even the vehicle descriptions have changed over time after it was known that my daughter finally got a driver's license and started driving a certain vehicle for all to see. Until then she was supposedly a passenger in mystery vehicles driven by specifically named teenaged girls without driver's licences. (?!?)

    If the vandalism happens again and my daughter is falsely named again, the police will likely make an arrest because they have no choice, they do what they do and will let the courts decide. My options are evidently few when several people have banded together to make false accusations. I'm sure the advice will be to consult a criminal defense attorney, but prior to charges being filed can my lawyer view police reports and other so-called evidence and go on the offensive against these people? I thought that maybe a well crafted letter with the law firms letterhead outlining potential counter-actions might get them to cease and desist. I'll do it, but of course I don't want to have to spend a bunch of money to defend against false accusations but unfortunately for me that's the country we live in.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Minor Falsely Accused of Felony Property Damage

    Trying to intimidate people out of making reports to the police can get you accused of harassment, or even of witness tampering. I doubt you'll find a lawyer willing to send a letter like that, or that one who would send such a letter would be the type of lawyer you would really want to hire.

    You may be able to get police reports through the police department under Arizona's Public Records Law. Often that's as simple as filling out a form document at the police station, paying a copying fee, and waiting a week or so for the copies to be made. The odds of getting copies, though, depend upon whether or not the reports already filed are deemed "open" or "closed".

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