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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 100052
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I was wrongfully arrested as thisbperson had my var keys while

Customer Question

I was wrongfully arrested as thisbperson had my var keys while he parked my car at his hiuse and his mom has restraining order on me she cakked and he let her as i was trting to get my jeys then next day and I've also been recieveing text messagesfrom same persopn telling me he hopes I die
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation. Can you please tell me:
1) Who arrested you - the police? If so, on what charge?
2) How is this other person involved?
3) What exactly are you asking here, i.e. what is the question?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
Police arrested me other person is his mom who he lives with she got tired of me complaining to her about him and got a restraining orderorder on me so I can't go to the apartment then he took my car there and I went there for it and my key and his mom called cops .I have previoupreviouly hahad him arrested for vandalism or breaking entry and now he daged the car this was before I got arrested and then last night after jail release he is sending me I hope you die ect in text and he was outside my house and came to my friends where u was threatening me to come outside
Customer: replied 1 year ago.
Arrested on violation of restraining order when I waited for police and wasn't on the property when they arrived
Expert:  Ely replied 1 year ago.
Thank you.
So what exactly are you asking? For example:
"How do I get my car back?"
"Is his text illegal and can I complain?"
Etc.
Customer: replied 1 year ago.
The mom also offered to give me giftgift and also had let me inside the home to talk to son and or to keep me from pressing charges I guess By being civil after the son has vandalism investigation report in amount of 2,500 and I need to know what I should do as I've missedwirkmissedd work over it and iim out 7000 in damages to date from the breaking entry and vandalism TV laptop flower beds car curtcurtains and wood floors damaged he promised to pay me for ddamages and this is why I didn't ores charges on breaking entrentry howeber car is new vandalism and I can press charges Now I'm feeling antagonized and blackmailed and also I am depressed as he verbally mentally abuses throuthrough email and its all against me
Expert:  Ely replied 1 year ago.
Thank you.
Someone in your situation can indeed file a criminal complaint, and allow the authorities to investigate. While it is at their discretion, he may be changed with destruction of property under CAL. PEN. CODE § 594.
Simultaneously, one can pursue civil relief for both the destruction of property and the vehicle. (For the vehicle, civil relief may be the only viable option.) One would then sue to BOTH get the vehicle back, and, for destruction of property. In addition, one can possibly add a cause of action for intentional infliction of emotional distress if the texts are found to be specifically outrageous. It may be that civil litigation would be more effective here than just filing a criminal complaint.
Let me know if you need help finding counsel - especially pro bono or low cost - in CA.
Good luck.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

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