Not sure how to get info on someone who was arrested for vandalizing my car.

[legalminds007]

Hi Everyone,

last February a individual vandalized my car and ran onto a venue where he worked and I was unable to enter the property. I called the police and sat outside for 6 hours until they showed up. They couldn't find him but 10 months later the detective assigned to the case finally contacted me to let me know that he was arrested. I'm guessing that by law the detective is required to inform me of the arrest but I will not give me any other info about the vandal. He wouldn't give me the name of the individual so I could take him to small claims court. I've email the detective a few times and he isn't getting back to me. Not sure where to turn or how to get the info that I need to move forward.

This happened in Hollywood , CA and I do have a case number. If anyone can direct me that would be much appreciated.

 

[Zigner]

Keep contacting the detective, or move up the chain (so to speak)

 

[PayrollHRGuy]

^^^^^^^^^^^^^^
What Zigner said.

I would not be too quick to head to small claims court. You would likely have a much greater chance of getting some money out of the guy via restitution ordered by the criminal court.

You can also contact victim services. http://da.lacounty.gov/victims

 

[FlyingRon]

The Victim's Assistance Program (https://www.helplacrimevictims.org/index2.html#/homepage) might be able to help you.

 

[pac72]

since you have the case number, have you tried ordering a copy of it from the police ? it should be an available public record

 

[Litigator22]

Hi Everyone,

last February a individual vandalized my car and ran onto a venue where he worked and I was unable to enter the property. I called the police and sat outside for 6 hours until they showed up. They couldn't find him but 10 months later the detective assigned to the case finally contacted me to let me know that he was arrested. I'm guessing that by law the detective is required to inform me of the arrest but I will not give me any other info about the vandal. He wouldn't give me the name of the individual so I could take him to small claims court. I've email the detective a few times and he isn't getting back to me. Not sure where to turn or how to get the info that I need to move forward.

This happened in Hollywood , CA and I do have a case number. If anyone can direct me that would be much appreciated.

Are you claiming that the arresting agency is refusing to comply with the following legislative mandate?

"Notwithstanding any other provision of this subdivision, state and local law enforcement agencies shall make public the following information, except to the extent that disclosure of a particular item of information would endanger the safety of a person involved in an investigation or would endanger the successful completion of the investigation or a related investigation:

(1) The full name and occupation of every individual arrested by the agency, the individual’s physical description including date of birth, color of eyes and hair, sex, height and weight, the time and date of arrest, the time and date of booking, the location of the arrest, the factual circumstances surrounding the arrest, the amount of bail set, the time and manner of release or the location where the individual is currently being held, and all charges the individual is being held upon, including any outstanding warrants from other jurisdictions and parole or probation holds."

Section 6254 subdivision (f) (in apart) of the California Public Records Act (CPRA) Codified in the California Government Code at Sections 6250 - 6276.48

 

[legalminds007]

Are you claiming that the arresting agency is refusing to comply with the following legislative mandate?

"Notwithstanding any other provision of this subdivision, state and local law enforcement agencies shall make public the following information, except to the extent that disclosure of a particular item of information would endanger the safety of a person involved in an investigation or would endanger the successful completion of the investigation or a related investigation:

(1) The full name and occupation of every individual arrested by the agency, the individual’s physical description including date of birth, color of eyes and hair, sex, height and weight, the time and date of arrest, the time and date of booking, the location of the arrest, the factual circumstances surrounding the arrest, the amount of bail set, the time and manner of release or the location where the individual is currently being held, and all charges the individual is being held upon, including any outstanding warrants from other jurisdictions and parole or probation holds."

Section 6254 subdivision (f) (in apart) of the California Public Records Act (CPRA) Codified in the California Government Code at Sections 6250 - 6276.48

I'm claiming that the detective wouldn't tell me the offenders name. I'm also claiming that they told me an arrest was made (probably required by law) but when I emailed him back with questions about the arrest he never responded to me.

 

[CdwJava]

If the defendant is a juvenile, then you may not be provided the information you desire. You are certainly free to try and contact the detective's supervisor for some more information as well.

It's also possible that the suspect has been CHARGED (or cited ... though a cite is arguably an arrest for purposes of the Government Code), but not yet arrested. In fact, given that it is a misdemeanor not committed in their presence, they would not have been able to arrest him without an arrest warrant.

 

[legalminds007]

If the defendant is a juvenile, then you may not be provided the information you desire. You are certainly free to try and contact the detective's supervisor for some more information as well.

It's also possible that the suspect has been CHARGED (or cited ... though a cite is arguably an arrest for purposes of the Government Code), but not yet arrested. In fact, given that it is a misdemeanor not committed in their presence, they would not have been able to arrest him without an arrest warrant.

Initially the detective was able to get a name from the photo and video that I provided and the place of work. That is when the detective told me that he knows the offenders name and they are issuing a warrant but he wouldn't give me any info on the offender. Maybe they can't give the offenders name until he is arrested? Also the offender was definitely over 18.

Thanks for all of the comments by the way.

 

[CdwJava]

If he has not yet been arrested, then the provisions of GC 6254(f) do not yet apply. And all because the agency is seeking a warrant does not mean that it will be quick to come - or, that it will come at all. L.A. County isa very large and possessed of a heckuva bureaucracy, so I would not imagine that things move quickly. Property offenses are loooooow priorities and often not prosecuted, so it may be even more time before much happens.

 

[xylene]

STOP USING EMAIL!

Write a letter - sent using certified mail return receipt!

 

[CdwJava]

Email or letter, both can be ignored. The agency will have a process for a CPRA request and it is not likely a simple letter or email. They will also have a process for the release of arrestee info and it may be as simple as a phone call.

 

[xylene]

Email or letter, both can be ignored.

Even the police, even in California... can't deny having received CRR mail.
Yes I understand the difference between ignored and denied...

 

[CdwJava]

Even the police, even in California... can't deny having received CRR mail.
Yes I understand the difference between ignored and denied...

Getting a letter asking for arrestee information is not the same as a CPRA request. If someone wants to make a request and later compel enforcement through the court, then they need to make a proper request. The agency should be able to provide direction on what constitutes a proper request.

That being said, an informal query is still likely to be honored if it can be ... but, it doesn't always HAVE to be.

This is an example of a rather formal request, but it is undeniably a request:

https://firstamendmentcoalition.org/public-records-2/sample-cpra-request-letter/

This is the organization that does much of the training on the CPRA to government agencies and entities out here.

 

[xylene]

Yes, I understand, but at this point the OP can't even confirm their email was received.