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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16262
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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son was charged with a m2 in the state of ohio.he supposely

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son was charged with a m2 in the state of ohio.he supposely kicked a car in a bar parking lot, police came, he denied it, never got to see the supposed vehicle ,was not detained,issued a ticket to appear in court & released. is this legal or a frame job by the bar & police
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello,

It is probably legal. All police need to issue a citation or make an arrest is something called probable cause. Probable cause is simply a reasonable belief that a crime may have been committed and that a particular person, in this case, your son, may have committed it. It takes very little evidence, and the word of a credible eyewitness that your son kicked the car in the parking lot can be enough to provide it.

Now, once the case goes to court, the state eventually needs to prove that he did this beyond a reasonable doubt. That takea s great deal of evidence, and if hte state fails your son must get acquitted. So what I'm trying to say is that it's easy to get charged with a crime but far more difficult to get convicted of it.

He was not detained because the charge is non-violent and he almost certainly has had no trouble with the law before. It's pretty typical that under these circumstances a person will get a citation or a summons and be trusted to come back to court

He will need a lawyer, and he should get one as quickly as he possibly can. Certainly he should have one at his first court date if he could manage it. But even before that, someone (not him but a lawyer and/or his investigator) should try to make arrangements to inspect the car and to look for other witnesses in the bar before too much time passes.

Worst case scenario for something like this on a first arrest would be misdemeanor probation and repayment for any damage to the car, the amount of which the state would have to verify, but he can likely get a more favorable disposition, even come out of this without a criminal record, with counsel.



Customer: replied 1 year ago.


Had 2 friends who he left the bar with who told police he didn't kick any car & 2 eyewitnesses in the parking lot. My son was in the bar & got kicked out for picking up a shot he thought the girl he was talking to bought it for him. When he saw her facial expression, he realized his mistake& put it down,did not drink it,& went to bathroom where he was confronted by the bartender, bouncer & 4 thugs from the bar.The girl bought 6 shots, figuring 4 of them were for the thugs.One of the thugs or bar employees called the police & told him he kicked his car(2003 audi).He denied it & wanted to see vehicle, police told him to shut up or were going to char you.him with disorderly conduct, so he shut up,took the ticket & left.You're right, he has never had a criminal record,got his first speeding ticket 2 weeks ago.

Expert:  Zoey_ JD replied 1 year ago.
Hi John,

Sorry for any delay. I have been eating breakfast.

I think your son has got a good case. But the fact is that disputes as to facts are what litigation is all about. That is, once the police feel they have probable cause to issue a citation or make an arrest, they don't have to get the other side of the story or give it any credence. They are free to substitute their own judgement and leave the rest of it to the judge or jury who will get to see the case in court. During the pendency of your son's case, if he wants to fight it, he should get an opportunity to get a full hearing on the probable cause issue and if the police had no probable cause the case would have to be dismissed. But it doesn't happen early in the case.

The police, as you realize, were working against him and not for him. His lawyer can obtain all of the discovery that he's entitled to down the road, including any photos of the car the state takes. But the police do not have to give him access to the vehicle. Some might, but they are not legally required to.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16262
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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