Alleged Criminal Damage to Vehicle

[helpme3]

What is the name of your state (only U.S. law)?

I received a phone call from a police officer saying that I had been identified in video surveillance damaging a car, which he called criminal damage. He asked where I was that night and I gave a reasonable alibi and a friend to call and secure/support that alibi. However, I was incredibly drunk and have no idea what I did that night. Literally none. I denied damaging the car over the phone and then he asked me if I would be willing to do a polygraph test. I said maybe, and then he said that an appointment would be set up for the polygraph test. I think that I will say no to taking the polygraph test when they call again. Would that be wise? What should I do in this situation? I am 18 and in college.

 

[Ladyback1]

What is the name of your state (only U.S. law)?

I received a phone call from a police officer saying that I had been identified in video surveillance damaging a car, which he called criminal damage. He asked where I was that night and I gave a reasonable alibi and a friend to call and secure/support that alibi. However, I was incredibly drunk and have no idea what I did that night. Literally none. I denied damaging the car over the phone and then he asked me if I would be willing to do a polygraph test. I said maybe, and then he said that an appointment would be set up for the polygraph test. I think that I will say no to taking the polygraph test when they call again. Would that be wise? What should I do in this situation? I am 18 and in college.

Shut up, say nothing further to the police until you have an attorney. Certainly do not go and take a polygraph.

 

[Zigner]

If you are in the US, then you shouldn't talk to the police about this at all. Think about it - why would they need you to say ANYTHING if they actually had you on video causing the damage? Furthermore, you're 18. Do you really plan on telling them that you were drinking?

 

[helpme3]

Should I just wait until they call back to set up the polygraph and then refuse it? After that, what would happen...would they want to set up a court date or something where I could get a court-appointed lawyer? Also, what punishment would this sort of criminal damage necessitate?

 

[helpme3]

If you are in the US, then you shouldn't talk to the police about this at all. Think about it - why would they need you to say ANYTHING if they actually had you on video causing the damage? Furthermore, you're 18. Do you really plan on telling them that you were drinking?

No, I never told them I was drinking and did not plan on it at any point. Do you think they are able to make me come into court? Assuming I don't take the polygraph.

 

[Ladyback1]

No, I never told them I was drinking and did not plan on it at any point. Do you think they are able to make me come into court? Assuming I don't take the polygraph.

They have to arrest you first...then they have to turn all the evidence over to the prosecuting attorney to determine if the charges will actually go to court.

And if they do arrest you for this alleged crime? You just need to keep telling them: "I want an attorney". Nothing more, nothing less.

If they have you on videotape, then it should be a slam-dunk case for them. They should have an arrest warrant for you now, or in the near future.

 

[quincy]

Should I just wait until they call back to set up the polygraph and then refuse it? After that, what would happen...would they want to set up a court date or something where I could get a court-appointed lawyer? Also, what punishment would this sort of criminal damage necessitate?

What is the name of your state, helpme3? Without knowing that, it is impossible to tell you what you can face with a criminal damage charge.

I agree with the others that you should not speak to anyone but an attorney and you should not take a polygraph test.

 

[helpme3]

What is the name of your state, helpme3? Without knowing that, it is impossible to tell you what you can face with a criminal damage charge.

I agree with the others that you should not speak to anyone but an attorney and you should not take a polygraph test.

I live in Illinois. Should I seek out an attorney on my own or wait for one that is appointed? Also, this happened on my college campus so should I get a lawyer from the city the college is in or from my hometown? They are both in Illinois but several hours apart.

 

[quincy]

I live in Illinois. Should I seek out an attorney on my own or wait for one that is appointed? Also, this happened on my college campus so should I get a lawyer from the city the college is in or from my hometown? They are both in Illinois but several hours apart.

First, here are a couple of links to information for you. The first is a link to the criminal damage statute in Illinois, so you can see what you could potentially face. It will depend on the extent of damage caused (the cost) to determine how severe any charges could be against you - if you are arrested and charged at all. 720 ILCS 5/21-1 Criminal Damage: http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K21-1

This second link is advice provided by the ACLU of Illinois on what to do, and what not to do, in an encounter with the police. There is a downloadable "palm card" that you can carry with you to remind you of the smartest way to handle these encounters (e.g., you should not volunteer any information). Speak only to your attorney about the criminal damage. The ACLU of Illinois: http://www.aclu-il.org/aclu-report-what-should-i-do-if-police-stop-or-arrest-me/

You do not need to contact an attorney unless or until the police want to talk to you about the night the damage occurred. If the police ask you any questions, say you want to talk to your attorney first - and SAY NOTHING MORE until you have an attorney.

I recommend, as will any attorney you contact more than likely, that you do not take a polygraph test. There is no benefit to you in taking one, the results are unreliable, and a polygraph could potentially hurt you.

Your college may have legal advisors connected with the school and on campus that are there to help students defend against any charges they may face while attending school. I recommend you check out your school resources first. Otherwise, you will want an attorney in the city where your school is located and the criminal damage occurred.

Again, I recommend you do not say anything to the police and you do not take a polygraph. If the police call you again, say you wish to speak with your attorney. Then contact an attorney.

Good luck.