Charged with Vandalism and Looking for Guidance

[jrmazzeo]

I am in the middle of a terrible metal detecting experience that I wanted to share and get some feedback on.

I was recently detecting on the common of the town I live in, something I and others have done many times before and which is not prohibited by the town bylaws. While retrieving a target I was approached by a police office who yelled "Hey a**hole, what the hell do you think you are doing?" I explained to him that I was metal detecting the common and reiterated that it was not illegal to do so. He asked for my license and called it into the station and then told me to leave and that I was forbidden to be on the common and that I should expect a summons in the mail.

Two weeks later I received said summons and was charged with vandalism, which is a felony in my state. I immediately hired a lawyer and waited for the arraignment, which occurred last week. The police report cited damage to the grass and potentially the sprinklers, with the evidence being photos the officer took after I left showing what a typical, neat filled in hole looks like.

I have subsequently taken photos of the area I was digging showing that no damage was done.

Has anyone else experienced this before? Any ideas on how to fight this charge?

 

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[rotty23]

You are correct. Sue for embarrassment, harassment, emotional distress. Complaint to the police chief. Hope that he gets fire. Good luck.

And attorneys fees! The more I read this the more pissed off I get!

 

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[Catanza]

What a bunch of bs.lol cops here don't care what you do, so busy with the thug life in the hood. They pulled up on me and told me to be careful this is a bad area

 

[kingskid1611]

You should have a wheelbarrow of dirt and a pull tab in the courtroom for visual effects on how you dig......that will give them firsthand knowledge of your intentions....and give them a mess to clean up.....

 

[oldsilver]

sounds like you were digging in NJ.
So many senseless tickets being written just to bring money to the coffers....

 

[sprailroad]

This whole thing is absolutely insane, combined with absolute lack of common sense, and sadly, it could probably happen anywhere, not just in Mass. And the officer?, Could have been an "Archaeologist" dressed in police officers clothing. And jrmazzeo, no real humor meant, it is a humorless situation

 

[TerryC]

I didn't read all the posts so maybe this was already mentioned: All arrests/court cases in all states are public record. You can actually push a printer into a repository of the local laws/cases of local arrests and get a copy of the arrests and court trials. Take the cop's name(s) and search his/their arrests. If there is a pattern of abuse (defined: unlawful arrest) you may have a case that may go way beyond this particular incident. It may mushroom into a harassment case! Good for us, not good for the cop. I can see you driving a new jeep with a sign on the back, "Thank you officer 'Joe Blow". TTC