QUESTION

How do I prove my innocence on a criminal mischief charge without getting an attorney?

Asked on Sep 13th, 2012 on Criminal Law - California
More details to this question:
I was at my friend’s house and she was very upset saying that her cousin had keyed her friend’s car when it was in his driveway. Then she had asked me to take her to his house so she could talk to him and clear things up. When we had gotten there, I told her that I did not feel comfortable parking in his driveway just because of the simple fact about him previously keying her friend’s car so she took me to a road around the corner where I could park. Then she wanted me to walk over with her for moral support and so I had agreed to go with her but I had said I would outside for her while she talked to him. When we had walked up to his house she ended up running over to a car in the driveway and started keying that car. I was yelling at her while still standing far from the car but when I realized she was not listening to me I had started to walk away being that I wanted nothing to do with it. While I was walking away, I heard two people screaming, her cousin and his girlfriend. It ended up being his girlfriend’s car who I have never met even to this day. I got lost walking back to my car and when I saw an officer driving by I had walked up and asked him to help me find it but he in turn arrested me saying that I know what I did. They had taken me in with her accusing me of also keying the car, which she had told them I had nothing to do with. We are scheduled to go to court in a week and I have a summons for criminal mischief. I do not trust my friend anymore because she put me in this situation. She is struggling to come up with the money to pay for the damages and so what if she ends up switching up and blaming it on me? I did have a friend officer make her put in writing that I had nothing to do with it in case it would come in handy. I do not have anything but a few traffic tickets on my record and I do not have the money to pay for an attorney. I am completely innocent, what do I do?
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9 ANSWERS

Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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How do I prove my innocence. You don't, never can. Your goal is to keep the prosecutor from proving you guilty. If you can't afford private counsel, apply for the public defender.
Answered on Sep 19th, 2012 at 9:15 AM

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DUI & DWI Attorney serving Reno, NV at Weo Office Suites, LLC
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Exculpatory evidence that tends to show a person may be innocent of a crime can be provided to the assigned prosecutor. If the State's representative believes a charge cannot be proven beyond a reasonable doubt, the prosecutor can make a decision to dismiss the charges. Providing the written statement from the co-defendant could result in the prosecutor exercising his or her discretion to not pursue charges against you.
Answered on Sep 19th, 2012 at 9:12 AM

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Michael Paul Vollandt
If you have an alleged criminal violation for vandalism and can not afford a lawyer the court will appoint one for you. There may be a nominal fee but that is allot cheaper than hiring an attorney.
Answered on Sep 19th, 2012 at 9:10 AM

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You can't. All you'll do is incriminate yourself even further. Heed the old adage: he who represents himself has a fool for a client.
Answered on Sep 19th, 2012 at 9:10 AM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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The prosecutor has to prove its case against you. If the facts do not support the charge, you are ok, but I have only heard your side of the story.
Answered on Sep 19th, 2012 at 9:09 AM

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Immigration Attorney serving Salt Lake City, UT
Partner at Natty Shafer Law
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It's not your job to prove innocence. It's the prosecutor's job to prove you are guilty. If you never touched the car, then the prosecutor will have a tougher case. If you cannot afford an attorney ask the court to appoint one for you. You're definitely better off having one.
Answered on Sep 19th, 2012 at 9:09 AM

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Criminal Law Attorney serving Worcester, MA at Gregory Casale, Attorney at Law
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You really need to have an attorney represent you. You have a very good defense, but without a lawyer it will be very difficult to prevail. I don't know if the court will appoint a lawyer to represent you. To qualify for a court appointed attorney you must, qualify financially, and there must be jail time associated with a guilty finding on the charge. I am not sure if you qualify by either test, but you should try. The court is not designed for pro se defendants those who represent themselves. Even if it is a minor charge, you do not want to have a guilty on your criminal record. I would strongly urge you to do whatever is necessary to hire a lawyer. I know that you want to know what you can do to prevail and NOT hire a lawyer, but truthfully, I don't know. If it were easy or simple to do this on your own, lawyers would be unnecessary. I understand that you feel like you were innocent and shouldn't need to spend the money to hire a lawyer. Philosophically, that may be true. However, in the real world that we live in, you need a lawyer to navigate the criminal justice system.
Answered on Sep 19th, 2012 at 9:07 AM

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Gary Moore
You need a lawyer. You really need a private lawyer, but a court appoint public defender is available, if you can not afford an attorney. Call the court about a public defender, if that is the best that you can do. A lawyer is better than doing it yourself and having no idea of what you are doing
Answered on Sep 19th, 2012 at 9:04 AM

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Criminal Defense Attorney serving Orange, CA at Law Office of Joe Dane
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There's no way to unravel this over the internet. If you cannot afford to hire an attorney, request a public defender when you go to court. Keep in mind that if you're under 21 and convicted of vandalism in California you'll lose your driver's license for a year.
Answered on Sep 19th, 2012 at 8:58 AM

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