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My son has been accused of tire slashing and they are

Customer Question
My son has been...

My son has been accused of tire slashing and they are threatening to press charges. What evidence would they need? He has not admitted to doing it.

Lawyer's Assistant: What was your son charged with exactly? Are there any upcoming court dates?

No, the other party is only threatening to press charges but he has not admitted to doing it.

Lawyer's Assistant: In what state did this occur?

FLorida

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Do I need to pay for this consultation?

Submitted: 30 days ago.Category: Criminal Law
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Answered in 5 minutes by:
3/21/2018
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 30 days ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,998
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Customer reply replied 30 days ago
Okay
Customer reply replied 30 days ago
I don't have too much time.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 30 days ago

In Florida, this crime is called criminal mischief. You can see the statute under which he is charged here:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0806/Sections/0806.13.html

As far as evidence goes, it's the state's job to prove beyond a reasonable doubt that your son deliberately and maliciously damaged someone else's property. It's not possible for me to know the evidence they have. If they have a witness who saw him do this for example, or found the weapon used to slash the tires and it contained your son's prints, the police would likely arrest him if the owner of the vehicle reported the crime.

If the owner, on the other hand, is just guessing about who slashed the tires, even if it's an educated guess, the police would not have enough evidence to charge your son with the vandalism, unless, of course, he admits it to someone.

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Customer reply replied 30 days ago
I don't have too much time.
He as at the scene of the crime. They seem to think that that is enough evidence to convict him.
Customer reply replied 30 days ago
Can he actually be arrested if they press charges?
Customer reply replied 30 days ago
What would the process look like after they press charges?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 30 days ago

Who is they? He hasn't been charged at this point and the police have not been involved yet. The point is that nobody saw him do it.

Yes, he can get taken into custody. How old is he?

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Customer reply replied 30 days ago
19
Customer reply replied 30 days ago
he can be taken into custody just because the charges were pressed, even if they have no evidence?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 30 days ago

So he's an adult, not a juvenile. How much are the tires worth? If they are worth less than $1,000 this will be a misdemeanor charge. If he were charged, he'd be photographed and fingerprinted, and perhaps held in jail until he could be arraigned by the judge. If he has no previous contact with the criminal justice system, however, could just get a summons and a court date to start off the process.

So he can be taken into custody just because the charges were pressed, even if they have no evidence?

No. That's not what I said. If there is no evidence at all, they cannot get charges pressed because the police won't charge someone without any evidence.

If he's charged, there's enough evidence to link him to the crime. He would find out what that evidence is when the case starts and the prosecutor turns over the discovery material to his lawyer.

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