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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 74539
Experience:  Over 5 years in practice
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I have been arrested today and charged with criminal damage

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I have been arrested today and charged with criminal damage to a neighbours car based in cctv from their friend whose camera points into the street. I did not do what I’m accused of and film clearly shows me walking past with box on left shoulder and keys in right hand, a hand that I have a medical problem with which causes me pain and discomfort on a daily basis, and means I cannot apply pressure with it. Where do I stand legally and what are my rights?
Assistant: Where are you? It matters because laws vary by location.
Customer: Wickford Essex. Under Basildon
Assistant: What steps have you taken so far?
Customer: None. Only happened today at 11.34 when 3 police turned up to arrest me. Spent 2 hours in a cell.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Like what. There’s been an ongoing issue with him next door and he’s barged unto me several tines I presume hoping for a reaction that didn’t happen. His live in girlfriend has abused me verbally and spat at me but told police it was other way round. In old days it may have been but my girlfriend has asked me not to react and I’ve kept my promise to her because I want to keep her

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

How can I help with this please?

Customer: replied 3 months ago.
I was arrested today accused of criminal damage to neighbours car based on cctv from their friends house pointing into street seeing me walk past their car carrying box and set of keys. Where do I stand legally
Customer: replied 3 months ago.
No phone calls at this time

I'm not sure what you mean by where do you stand?Can you ask specific question?

Customer: replied 3 months ago.
Well am I likely to end up either doing community service, having a fine or possible prison sentence?

It depends upon your previous relay.

However, the simple act of criminal damageWouldn't normally lead to a custodial sentence.It may lead to a community order depending on the severity of the damage.If it is a small amounts then probably justified although they would be in order for compensation.

It is quite possible that it could just lead to a police caution or a conditional caution.To secure that there you would probably need to pay for the damage.

Can I clarify anything for you?

Jo

Customer: replied 3 months ago.
Basically I’m innocent. I have no way damaged his car, I have seen said scratches and naturally thought I’m not only one he’s upset. I really can’t be bothered to give him time if day so fact that I’ve been arrested based on his friends cctv camera pointing into street seeing me walk on footpath past said vehicle and carrying a box on left shoulder carrying van keys beggars belief. There is nothing showing in cctv footage of me actually doing anything other than walk past. To be honest it could’ve happened anytime from anyone riding bike or pushing pushchairs or anything due to overgrown brambles. So based on that do you think charges will stick?

Well, they could. It depends what it shows and whether they can say that there was no damage before and was after.

CCTV doesn't usually show the keying but it does show actions consistent with it.

Then it depends when the car owner last saw the car damage free.

But Magistrates do quite often convict when they should acquit.

Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 3 months ago.
Ok. Thanks for your help