If i am accused of vandalism how hard is it to prove i am a vandal. i heard you pretty much have ti get caught red handed to get found guilty.

Question Details: my house was raided for graffitti all they found was sparay paint but no sketches or artwork in the house. they said they had an anonymous tip and had been watchin me for months but i havent done any vandalism. I was booked and released after 5 days because the da didnt file does that mean im good.

Asked 10/24/2009 under Criminal Defense | 852 View(s) | More Legal Topics

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Criminal Defense Law Answers

It doesn't mean you are in the clear.  They don't have to catch you in the act.  It is is called physical evidence and circumstantial evidence.

Try www.attorneypages.com and check his or her record at www.calbar.ca.gov under attorney search.

Robert Spitz / Law Offices of Robert J. Spitz Answered 2 years ago | Contributor

You should stop vandalizing property.   It is a crime.   You will be caught sooner or later and you will spend time in jail.   Toss out your spray paint and don't buy any more.

Although I do not practice law in the State of California, here are my initial impressions.  There is no crime that requires catching the defendant "red-handed" in order to secure a conviction.  As long as the state has evidence to suggest that there is probable cause to believe you committed the crime, and evidence to demonstrate beyond a reasonable doubt that you are guilty, then you may be arrested, and convicted of the crime -- respectively.  I suggest that you hire an attorney to defend this charge, and to determine whether there is a suppression issue resulting from the "raid" of your house.  Good luck.

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