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Someone is saying I vandalized his car, I called the cop back and he said he would call me tomorrow morning, I didn't do it!

Germantown, MD |

This morning, I took my two sons to the dentist. When I got there, I parked where I always park, which is not a parking spot, but next to a small garden with no yellow lines on the cement. Then when I got out of the car with my children, a guy starts to tell at me saying I couldn't park there. He was extremely rude to me, I even thought he was insane. I explained to him I always parked there and that I was just going to the dentist' s office, but he kept screaming, insulting me in front of my children, and saying he was going to call the tow company. I moved my car, I had to walk to go back to the building. Finally, I walked back to my car and, of course, left through the same door I entered the building. A police officer showed to my house and left a note saying a should contact him.

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Attorney answers 6

Best Answer
Posted

Unfortunately, I have to disagree with my brother of the bar's advice. In Montgomery County talking to the police NEVER helps, it only hurts. If you say you were there, the statement of charges will say, "HE admits to being at the scene where the crime occured." If you say you saw the irate man, "He admits the man was irate". Why would he be irate if you didn't do anything? The guy took your plate and the cop is investigating. He will be at your home to see if their is paint on any part of your vehicle that matches the crazy guys paint. Let him do what he is going to do but make no statements. You tried to call and now you are busy or refer him to a lawyer. Eventually he will ask you or your lawyer to have you pick up hit and run tickets that you will only have to sign for. In court he will not be able to present your statements because you made none and he can't present crazy guys because that is hearsay. He will not have pictures of paint on your car and they must have other evidence however slight to corroborate crazy guys statement. I can help if you need me. Rebecca

Michael Gene DeHaven

Michael Gene DeHaven

Posted

I agree with Rebecca. You should contact her on another Montgomery County lawyer who is also a member of the MARYLAND Criminal Defense Attorneys Association.

Posted

The best answer I can give you is that if you literaly never touched the guys car, then you should talk to the cop, explain what happened, and see what the cop says. If the cop said that he would call you back in the morning, then there is a good chance that he doesn't think that there is a serious, violent crime involved and your explaination may be all that is needed. Be nice and respectful about the guy who accused you.

It is entirely possible that (1) the guy is mentally unstable or (2) someone else damaged his car and he just presumes that it was you or (3) it could be both. The cop very well may have gotten the sense that this guy is mentally unstable too.

The only curious thing would like to know is how the cop knew how to find you. Did the guy write down your license plate number? This is odd.

If you touched the guys car in any way at all, then you might have left a finger print or two on the car and I would suggest you get an attorney just in case.

I hope this helps and good luck!

Posted

It is never a good idea to answer police questions without first consulting with an attorney if the police already think you might have committed a crime. You should consult with a local attorney and ask him/her to help you handle the police inquiry. Your lawyer will be able to provide the police with information to show you did nothing wrong. If you go without a lawyer, there is too big a risk that the police will misinterpret your explanation. The police are even allowed under the law to lie to you to get you to admit wrongdoing.

I have taken no action on your problem other than to review your question. I want to confirm that no attorney-client relationship has been created between our firm and you in connection with this matter, and that nothing in this response is legal advice to you. As you may know, the legislature and the courts can change the law in ways that may affect the strength of your case. In addition, the circumstances of your case may change. Because we do not represent you, we cannot keep track of, and inform you about, any change in the law. I must warn you that there are time limits for raising certain claims and defenses. Without taking more time to review your case, this firm cannot properly advise about those deadlines. You may lose your claims and defenses if they are not filed in court within the time allowed. I would advise you to retain the services of an attorney as soon as possible.

Posted

Unfortunately, I have to disagree with my brother of the bar's advice. In Montgomery County talking to the police NEVER helps, it only hurts. If you say you were there, the statement of charges will say, "HE admits to being at the scene where the crime occured." If you say you saw the irate man, "He admits the man was irate". Why would he be irate if you didn't do anything? The guy took your plate and the cop is investigating. He will be at your home to see if there is paint on any part of your vehicle that matches the crazy guys paint. Let him do what he is going to do but make no statements. You tried to call and now you are busy or refer him to a lawyer. Eventually he will ask you or your lawyer to have you pick up hit and run tickets that you will only have to sign for. In court he will not be able to present your statements because you made none and he can't present crazy guys because that is hearsay. He will not have pictures of paint on your car and they must have other evidence however slight to corroborate crazy guys statement. I can help if you need me. Rebecca

James H Sutton Jr.

James H Sutton Jr.

Posted

With a little warranted advice from local counsel - I would agree with Rebecca. This issue is probably serious enough that you should at least talk to a local criminal attorney to make sure your civil rights are protected. Thank you for the more learned advice.

Posted

Beware that if you speak to the officer anything you say may be used by the state as evidence against you.

Posted

I think Ms. Nitkin nailed it when she explained how the police will take whatever you say--no matter how innocent it sounds to you--and use it against you. Don't be a chump.

THIS RESPONSE DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP AND DOES NOT CONSTITUTE LEGAL ADVICE. IF YOU WISH TO OBTAIN LEGAL ADVICE UPON WHICH YOU CAN RELY, PLEASE CONTACT MY OFFICE OR THAT OF ANOTHER ATTORNEY FAMILIAR WITH THE SUBJECT MATTER OF YOUR INQUIRY.

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