Vandalism Ticket

[cj3113]

Last week I was arrested and ticketed ($492) for allegedly vandalizing a fence. I was walking home (it was around 1AM in a busy downtown area). A cop shines his light on me and says why did I do that. I asked what he was talking about and he points to the broken fence behind me.

He says that he heard me break the fence and then turned and saw me standing in front of it. I told him that the fence must have been broken because I did not do it. He did not believe me, I was 100% cooperative. I was arrested, brought to the station, mug shot, finger prints and mandatory court date.

Since then I have contacted the owner of both properties that the fence divides (one of them being the owner of the fence). Both say that the fence was already broken and the owner said he has no interest in pressing charges in a small claims court because he knows that the fence has been broken.

Is there anything I can do to get this ticket dropped before my court date if he is willing to tell this to the police?

LEOs only please.

 

[silver03svt]

Last week I was arrested and ticketed ($492) for allegedly vandalizing a fence. I was walking home (it was around 1AM in a busy downtown area). A cop shines his light on me and says why did I do that. I asked what he was talking about and he points to the broken fence behind me.

He says that he heard me break the fence and then turned and saw me standing in front of it. I told him that the fence must have been broken because I did not do it. He did not believe me, I was 100% cooperative. I was arrested, brought to the station, mug shot, finger prints and mandatory court date.

Since then I have contacted the owner of both properties that the fence divides (one of them being the owner of the fence). Both say that the fence was already broken and the owner said he has no interest in pressing charges in a small claims court because he knows that the fence has been broken.

Is there anything I can do to get this ticket dropped before my court date if he is willing to tell this to the police?

LEOs only please.

More than likely not. Your best bet is to subpoena the owner of the fence to testify as your witness in court and for siad owner to state under oath that the damage to the fence was already there prior to your being arrested.

On a criminal charge, or any cusodial arrests, the charge(s) cannot be disposed of before court. At least in Virginia. May be different where you are.

 

[cj3113]

More than likely not. Your best bet is to subpoena the owner of the fence to testify as your witness in court and for siad owner to state under oath that the damage to the fence was already there prior to your being arrested.

On a criminal charge, or any cusodial arrests, the charge(s) cannot be disposed of before court. At least in Virginia. May be different where you are.

It happened in Wisconsin, but that's what I was afraid of.

 

[00streetfighter]

Hmmm.. I'm skeptical of your story. Property crimes (for the most part) require a "victim" as in a vandalism case. The Officer would need to verify the fence was broken by you, by contacting the victim. I'm not sure an Officer could effect an arrest (especially for a misdemeanor) based on probable cause without statements from the victim.. Are you sure your telling the whole story? If the Officer never contacted the victim how could he prove you committed the vandalism?

 

[cj3113]

Hmmm.. I'm skeptical of your story. Property crimes (for the most part) require a "victim" as in a vandalism case. The Officer would need to verify the fence was broken by you, by contacting the victim. I'm not sure an Officer could effect an arrest (especially for a misdemeanor) based on probable cause without statements from the victim.. Are you sure your telling the whole story? If the Officer never contacted the victim how could he prove you committed the vandalism?

I mean I don't think I really have anything to lie about. As I said, it was around 1 in the morning (and it turns out that the owner of the fence does not live in the same city). He was not contacted by the police, in fact, it was the arresting officer who told me to contact him to see if he would in fact support my claim that the fence was already broken.

The ticket is written as "Damage to private property."

 

[FordSVTFan]

Last week I was arrested and ticketed ($492) for allegedly vandalizing a fence. I was walking home (it was around 1AM in a busy downtown area). A cop shines his light on me and says why did I do that. I asked what he was talking about and he points to the broken fence behind me.

He says that he heard me break the fence and then turned and saw me standing in front of it. I told him that the fence must have been broken because I did not do it. He did not believe me, I was 100% cooperative. I was arrested, brought to the station, mug shot, finger prints and mandatory court date.

Since then I have contacted the owner of both properties that the fence divides (one of them being the owner of the fence). Both say that the fence was already broken and the owner said he has no interest in pressing charges in a small claims court because he knows that the fence has been broken.

Is there anything I can do to get this ticket dropped before my court date if he is willing to tell this to the police?

LEOs only please.

I mean I don't think I really have anything to lie about. As I said, it was around 1 in the morning (and it turns out that the owner of the fence does not live in the same city). He was not contacted by the police, in fact, it was the arresting officer who told me to contact him to see if he would in fact support my claim that the fence was already broken.

The ticket is written as "Damage to private property."

Please do not confuse things. This is not a simple ticket. Your were placed under custodial arrest. You need to consult a criminal attorney. If the owner testifies that the fence was broken already then the State Attorney should drop the charges.

 

[NyteByte]

Even if the charges were dropped, doesn't the OP now have a police record? After all, he was arrested, photographed and fingerprinted.

Do you think he'd need to take steps to get that expunged?

Just curious.

 

[silver03svt]

If the charge is dropped, or dismissed, then yes he would have a criminal record. HOWEVER, only law enforcement has access to criminal histories that show charges which are dismissed or nolle prossed. An employers request would only show charges which he was convicted of.

 

[cj3113]

If the charge is dropped, or dismissed, then yes he would have a criminal record. HOWEVER, only law enforcement has access to criminal histories that show charges which are dismissed or nolle prossed. An employers request would only show charges which he was convicted of.

Good question and thanks for the answer. I understand that once I am "on record" I will stay that way regardless of how this turns out, but it is good to hear that this (hopefully) will not be used against me in the future.

 

[cj3113]

The cop filed a request to drop all charges, ticket was voided and my court date was cancelled.

Thanks to all of those who responded.

 

[Njc0las]

If the charge is dropped, or dismissed, then yes he would have a criminal record. HOWEVER, only law enforcement has access to criminal histories that show charges which are dismissed or nolle prossed. An employers request would only show charges which he was convicted of.

What about things that happened as a minor and were "expunged." I've always wondered if those things really went away.

 

[zerocool]

What about things that happened as a minor and were "expunged." I've always wondered if those things really went away.

The way I understood it from my PI arrest, so long as I'm free of another Misdemeanor (other than traffic violations) until I'm 21, it is fully wiped off as far as employers go. I would be willing to bet that LE will be able to see it even after.