Property Invasion, Damages, Trespass Felony Arrest for Vandalism

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bugsdaffy123

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I recently was arrested for felony vandalism. It is alleged I threw a rock that shattered my father's truck windshield.

Immediately prior to my arrest, I believe I ignorantly incriminated myself to this alleged vandalism, and am concerned a Miranda violation may have occurred.

I have no prior criminal arrests or convictions, but was twice involuntarily committed at age 15 under 5150 of the Welfare and Institution Code which stemmed from an emotionally and physically abusive childhood by my parents - my father being the alleged victim in this vandalism case - that included being kicked out of my family home. I am now age 21 and believe I want to be a school teacher, but of course cannot if I receive a felony conviction.

I understand a private attorney might be able to contact the district attorney's office at this pre-filling stage of charges in my case and possibly get the felony charge dismissed, or more realistically in my case, reduced to a misdemeanor before any formal charge is filed against me especially if it is conveyed to the district attorney's office I have no prior criminal arrests or convictions, the alleged victim abused me in my childhood, I am desirous of becoming a school teacher, and if warranted, I shall state I am remorseful and shall pay full and complete restitution for this crime.

Is my understanding correct about a private attorney being able to contact the district attorney's office at the pre-filling stage of charges and lobby for a dismissal or reduction of a charge, and if so, could a public defender do likewise if I do not decide to hire a private attorney?

And if the attorney pre-filling contact is not possible, can I, an attorney, or anyone else write to the district attorney's in general to offer possible mitigating circumstances to consider in their evaluation of what, if any, charge to be filed?

In any event, given my specific scenario, could you offer an opinion on the likelihood of my felony vandalism arrest per se being dismissed or reduced without any intervention by counsel or otherwise?

Thank-you!!
 
Your charges can be reduced in a plea or during discovery if your lawyer sees some flaws or holes in their case. It would be dismissed only if there is insufficient evidence or procedural errors. A private attorney can work with the DA to get a more acceptable deal or dismissal of the charges, depending on the facts of the case. In some cases, the DA contacts the victims to see if they would not mind a reduction in the charge or dropping the charge under certain circumstances.…….they factor the victims advice into consideration. So consider a mediator or start solving your family problem…………it might help down the road. Most private attorneys are more aggressive that PD. You need a private attorney if you want to try to stop the case before your first appearance…….PD are given only at your hearing when you are charged. Only an attorney with the full facts and evidence in the case can advice you on the best course of action.
 
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