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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26688
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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RA-mpl

Customer Question

I was charged with 594(b)(2)(a) pc in San Diego County,Cal. There was a truck parked on my property blocking my enterance at 8:30pm and I couldn't goto my job. The owner was in the bar across the 4way stop,120 feet away so I
shook his big truck to set off the alarm so he would come out and move the truck. After 10 minutes the drunk owner and his friend came out and accused me of keying his truck. I did not admit to anything and I was threatened by the owner that if I don't give him $500 to fix the scratches him and his buddy where going to beat the crap out of me and say I pulled a knife. I called the Sheriff and they came out and arrested me and put me in the back of the patrol car for over an hour while trying to intimidating me into give them a confession. I still didn't admit to anything so they released me after I signed the ticket. If the cop didn't see anything and the truck owner didnt see anything is there a case? Owner claims that he has a video surveillance camera inside the truck that captured everything but failed to pull it up on his smartphone. The cop said it was just surface scratches and he wrote me based on the owners statement. He did not even care that I was threatened or give him a ticket for blocking my driveway. Can I be arrested for a misdemeanor when nobody witnessed anything. Could I goto jail for a year and lose my license? Will the DA take this to trial with 12 jurors and try to get a conviction? I have nothing on my record but the owner of the truck has a criminal record.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.
Can I be arrested for a misdemeanor when nobody witnessed anything.

Yes. The burden for an arrest is just probable cause, which can be based on almost anything. The courts have set this burden of proof extremely low.

Could I go to jail for a year and lose my license?

If you are convicted you could go to jail although if you have never been in trouble probation is more likely.

Will the DA take this to trial with 12 jurors and try to get a conviction?

There is no way I can know this but if they filed charges against you then you can assume the DA is willing to go to trial on the matter. They aren't likely to just dismiss it once charges have been filed.

Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating since that is the only way I get credit for my work. However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.
Customer: replied 1 year ago.

What would the probable cause be in this case?


Can I file charges against the owner of the truck for threatening to beat me up and say I had a knife if I didn't pay him $500? and sue him for the loss of income for blocking my enterance?


 


How long will the trial process last?


 


Can the owner drop the charges?

Expert:  Dwayne B. replied 1 year ago.
The truck owner's complaints could be enough for probable cause.

Can I file charges against the owner of the truck for threatening to beat me up and say I had a knife if I didn't pay him $500?

You can try and get the police to file charges. They actually file them, you just report the crime.

and sue him for the loss of income for blocking my entrance?

You can sue him for that.

How long will the trial process last?

There's no way to tell. Some cases get to trial in a month, in some others it takes years.

Can the owner drop the charges?

The owner can tell the police they wish to drop the charges but it doesn't mean they have to do so. The police can continue pursuing them anyway.

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