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Do I need to catch a vandal in the act of committing the crime in order to press charges?
Anonymous7 views8 answers
My tire was slashed and I lost a day of work, my car was scratched and the tire air caps were removed. A week before a neighbor argued with my dad about our cars taking up spaces, my dad apologized and walked away. My car was in the process of registration, an inheritance that requires 40 days after the owners death, I received a note on my car on Monday the 24th that my car was subject to being towed if not registered, that afternoon I went to the DMV and was provided with a temporary permit. My car was legally parked, the next morning I find my tire slashed and deflated, I made a police report, the next morning I found my car scratched and the air valve caps missing. What can I do?
Neither you nor the police need to catch the vandal "in the act." You can contact the police based on what you know. Neither you nor the police "press charges." Filing charges against the vandal is done by the prosecutor, after he or she reads the police report.
You can contact the police again and explain your suspicions. The police may have contacted your neighbor, who reacted by vandalizing your car. The police would probably want to know this if the vandalism followed their contact with him.
Good luck. Can you park farther away and avoid the conflict (and save the expense of repairing your tires and your car)?
At this point, you can only file the necessary police reports. You have a suspect, and a motive, but not enough evidence for even bringing charges at this time. I suggest video surveillance, a video would provide the necessary proof not only to charge the actions caught on video, but it could be reasonably inferred resposibility for the other acts.
I agree with Mr. Collins. I think the next step would be setting up surveillance and attempting to catch the vandal on video. Charges can be based on circumstantial evidence, but I just don't think there's enough to sustain a charge against a particular person yet absent an actual confession.
Only DA presses charges, you can only call law enforcement who can then submit police reports to the DA. You can also sue for damages in small claims court where the legal standard is lower. However if the DA files charges, part of plea or sentence (if there is) will almost certainly be that the vandal pay you for your property damages. Assemble your receipts regarding property damage, make complaint to cops (which it seems you already have), and the wait to see if DA files charges. If he does, you'll likely get paid for property damage. If DA doesn't file, bring suit in small claims. Frankly all of this effort may not be worth your while. Unless we're talking about thousands of dollars (unlikely), just clean up your spilt milk and avoid the maniacal vandal like the plague. Does that mean that the vandal "wins"? Not really, you keep your sanity and save your time while his sanity continues to devolve through time wasting vandalism. Decide what you want to do. Good luck
I'm sorry for (and understand) your frustration. You, as an individual, cannot "press" charges. That decision is exclusively the District attorneys. You can make a police report, but the DA must think that there is proof beyond a reasonable doubt in order to file charges.
If this is an ongoing situation, setting up video cameras (assuming you have the legal right to videotape) or other ways to gather evidence might be a good idea before moving forward on any level.
David Philip ShapiroCriminal Defense AttorneySan Diego, CA ·
Keep filing complaints each time something new happens. Then it's ultimately up to the police and/or prosecutor's office.
To arrest someone you think is responsible because that person argued with your father over a parking space previously, and without any other evidence, would be OUTRAGEOUS!
Brian K WanermanCriminal Defense AttorneySacramento, CACA licensed ·
Mr. Dane is correct. It is a popular misconception in this country that private individuals can file or "press" charges. Only the District Attorney has the authority to do this. You can report the crimes to the police, take pictures, submit them to the police as evidence, and even talk to the District Attorney's office. But, if they decline to prosecute (or investigate in the case of the police).
If you know who this guy is, you could sue him for trespass to chattels, or, potentially, for conversion or even assault depending on the facts. But this could be an expensive proposition and not worth it if the damage wasn't very much. If the damage is less than $7500, consider suing in small claims court, although this will still cost you something.
