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legalgems
legalgems, Lawyer
Category: Criminal Law
Satisfied Customers: 7398
Experience:  Just Answer consultant at Self employed
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My son may have committed some vandalism against a ex

Customer Question

my son may have committed some vandalism against a ex girlfriends car . He may have sprayed painted some nasty words and punctured her tires. This may have been in retribution for mental and physical abuse he suffered during their relationship
Submitted: 9 months ago.
Category: Criminal Law
Customer: replied 9 months ago.
We have received a phone message from the police in the town where the incident occurred.
Expert:  legalgems replied 9 months ago.

I am sorry to hear of this. What was your exact question? Are you concerned about civil or criminal liability?

Customer: replied 9 months ago.
Should we return the police call and have our son admit guilt? Or should we have a lawyer call for us. Or son has aspergers. And has been on escitalopram. For depression
Expert:  legalgems replied 9 months ago.

It is best to have an attorney handle any and all communications with police and other authorities. If one pleads guilty, they cannot plea bargain, but rather will be sentenced by the judge. Additionally, a guilty please (as opposed to nolo contendere) is definitive proof in a civil case - so, for example, if the car owner brought a civil suit for the economic damages to the car, a guilty plea would negate any possible defense, because the civil court could take "judicial notice" of the guilty plea, and therefore proceed with the civil suit and go straight to determining damages.

Additionally, if a person has a mental disability, or is on certain medications, that may be a mitigating factor. As such, it is important to first consult with an attorney prior to communication.

There are some organizations that offer free legal services to the disabled. A social worker in your area may be familiar with this. Another alternative is the local Area on Aging, as that organization addresses issues concerning both seniors and the disabled, and they typically have resources available to those segments of the population.

Many criminal lawyers can even be reached on the weekend.

Here is a link to the bar's referral page:

http://apps.americanbar.org/legalservices/lris/directory/

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