I was living at my parents house when we got into a big argument I have broken a picture frame that cost $2 and my parents press charges for vandalism take me to jail then got out one day served
Were you released by the police without going to court? Did they give you another court date to appear? If not, it is likely that the case was rejected due to the small dollar amount of the damage. It is obvious that you should not go back to your parent's home.
Robert Andrew Michael BurnsFamily Law AttorneySan Diego, CA ·
You need to specify whether or not you have reached the age of 18 years or, if not, whether you are an emancipated minor. Until then, all answers are premature.
I assume that you were cited to appear, since you asked what to expect when you go to court. You need to make sure that you either retain counsel or ask for a public defender if charges have been filed by the DA when you appear in court. However, given the facts and the limited damages there is a chance that the DA will decline to prosecute. You will have to wait and see.
A misdemeanor vandalism charge (Penal Code section 594(a) carries up to one year in the county jail. However, given the circumstances of little damage a good lawyer could probably negotiate it down to a disturbing the peace (PC 415) which can be an infraction and looks better on your record. If you can't afford to retain an attorney you should ask for a public defender to assist you.
Given the nature of what you've described (and assuming you don't have a criminal history) and already served one day it is unlikely that you will have to serve more time, but court could impose community service, and there would be fines and fees depending on the ultimate disposition of the case.
I know it seems minor, but a conviction for vandalism can result in a one year driver's license suspension, probation, fines, etc...
You absolutely should have an attorney - either one you hire or the public defender if you qualify.
Your parents didn't press charges - only the DA can make that decision. If the DA decides to file charges against you, that's when you need an attorney. You parents also cannot drop charges, but if you've patched things up and they're no longer interested in the case going forward, that helps immensely in your case. There may be a civil compromise worked out or other resolution.
If you cannot afford an attorney on your own, show up in court and request a public defender at your arraignment.
There are some missing facts that make answering your question hard. Are you and adult or a juvenile/over or under 18 years old? Technically, I don't think your parents "pressed charges," but rather asked the police to arrest you for breaking the picture frame after a blowup. If you got out of jail, I assume you're an adult, as you would have been taken to a juvenile hall had you been a minor. We you released on a promise to appear at a future date? Were you told that you'd get a notice in the mail of when to come to court?
Unless you can get your parents to ask that charges not be filed by persuading them that this won't happen again, consult with an attorney about trying to stop a case from being filed and then enlist your parents in support of no-filingl. If your parents insist, you may still qualify for misdemeanor diversion, a program that leaves you with a clean record if you do things that are aimed at addressing the problems underlying the blowup.
Lastly, you may have spent a day in jail, but it won't count as "time served" unless you're sentenced to serve some time. Diversion does not entail incarceration because no guilty plea is required--no admission of wrongdoing, just a desire to deal with the underlying circumstances of the incident.
My fellow attorneys have given you some sound advice. Although a vandalism charge doesn’t sound serious, don’t underestimate the seriousness of the offense. If the incident happened around the Pomona Valley I want you to know that the Pomona and West Covina Judges and DA’s have a reputation for being stern and conservative. Of course with the right attorney advocating on your side you can really get some positive results such as getting a dismissal through a diversion program. Furthermore, if you decide to hire an attorney he/she could intervene before your court date to try and persuade the District Attorney not to file the case against you. Good luck.