A friend was attempting to buy drugs. Dealer was going to rob them. They fought and a car and hair straighter were damaged. I was outside and witnesses told police that so the State charged me with 2 counts criminal damage and mob action. Besides the fact that I actually did touch anyone or anything- can I be charged and/ or convicted of cdtp if the owner of the property was engaging in illegal activities involving a controlled substance? And if there is a statute or common law case that is directed toward this please.
Corporate / Incorporation Lawyer
You need to seek the counsel of a criminal defense attorney immediately. Understand that any one can be charged with any thing at any time, but the state must prove its case in order for you to be convicted. After any contact with the police, people immediately jump to conviction. It is possible that there was no probable cause to arrest or charge you at all and the charges against you may be dismissed, but this is not something you can do or handle on your own.
As to your other questions, statutes and case law are things that a lawyer can help you with and without all the details of your matter (which you SHOULD NOT post on here, or anywhere else) its hard to provide you with concrete answers to your questions. Most attorney's, including me, will provide you with a free consultation to assess your matter. Please take advantage of this as soon as possible. No person should deal with the police or a criminal matter on their own whenever that can be avoided.
2 lawyers agree
Criminal Defense Attorney
It is not a defense to CDTP they the property allegedly damaged was owned by a "drug dealer". Other defenses may be available to the CDTP and the mob action charges.
Consult an experienced criminal defense lawyer to explore and develop defense theories.
Of course, every answer is based on the question asked and requires a more complete context. This answer should not be relied upon to make a legal decision. Seek the advice of an experienced criminal defense attorney before acting. Law Offices of Raymond G. Wigell, Ltd. Defenders of the Constitution since 1975/ Aggressive Creative Defense Strategies/ Website: www.waaltd.com 24/7 --(708) 481-4800.
3 lawyers agree
Yes, one may be legally charged to criminal damage to the property of another. As to the determination of any perceived illegal activities by anyone, that is done in the court of law under proper criminal standards, rule or evidence and admissible testimony, not by outlandish or personal reflections by anyone.
If you personally are charged with a crime, no matter how unjust or erroneous you may perceive that charge to be, it is prudent to retain a criminal defense attorney.
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