Criminal damage to property(

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Criminal damage to property(

I was arrested for breaking a windshield on a car that drove recklessly through our cul-de-sac (I have 2 young children so I was upset to say the least). I smacked the windshield with my open hand and I don’t believe I have the physical strength to break a windshield. The **** is no where near where I hit the windshield so I believe the window was already cracked. Additionally I was not read my miranda rights at any point. What is my best approach to this issue?

Asked on May 25, 2009 under Criminal Law, Illinois

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Your best approach is to talk to a qualified criminal lawyer in your area.  One place to look for counsel who can help you is our website, http://attorneypages.com

The police don't have to read you your Miranda rights unless they want to ask you questions while you're in custody.  If they simply arrested you, booked you and let you out once you made bail, without asking about what happened, they haven't violated your rights.  And, under some circumstances, if they asked you about what happened, when you weren't under arrest, that didn't violate your rights either.

One of the most important reasons that we have laws and police in the first place is to stop people from trying to deal with people by force.  I completely understand your anger -- but the next time something like that happens, get the license plate and as much of a description of the driver and the car as you can, and take the information down to the police station, and swear out a complaint.


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