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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[RustyGold]

Not very professional starting off by calling you an a******!
Officer sounds like someone suffering from PTHSDS (police thinks his butt doesn't stink)!
Glad you got a lawyer. Best of luck!

 

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[Oddjob]

Not very professional starting off by calling you an a******!
Officer sounds like someone suffering from PTHSDS (police thinks his s*** doesn't stink)!
Glad you got a lawyer. Best of luck!

Best part is that in such a small community the chances are pretty good that the same judge who will throw this out will also over see any legal actions the MDer may take against the officer and department. When a judge diagnoses an officer with PTHSDS it normally sticks and if pretty funny.

 

[Treasure_Hunter]

When you go to court be sure your lawyers has a sample of the trash and dangerous items you remove like nails, screws, glass, pull tabs and so on, give it to your lawyer before you go to the courthouse.

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[bigscoop]

I'd say it will come down to reaching an insignificant plea bargain with the prosecutor, say something like a fine and 90 day probation. Not a chance that a lawyer is going to win an argument that your actions wasn't going to "kill the grass" so they can always establish the damage claim, yes, you're going to kill some grass, regardless just how significant it might be. Bottom line, if such a law exist then they can also prove you were acting in ignorance of that law, thus in legal terms they can then also establish that you hadn't done your required due diligence. It's been my experience over that years that these petty charges generally come down to insignificant plea bargains, yet they still appear as wins for the prosecutor's office, which is really what those offices are after.

 

[Denny45]

Scary stuff I was called into shore a few weeks back the officer was really nice said someone called saw me in the water thought I was in distress asked for id then checked out my vibraprobe he thought it was a tazer then told me to enjoy the rest of the day in ct detecting is allowed but no digging accept beaches and swimming eareas

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I stated the samething, detecting is allowed but no digging! That suck! As for getting a lawyer you might not need one. The court might drop the whole thing.

 

[tlane38003]

I stated the samething, detecting is allowed but no digging! That suck! As for getting a lawyer you might not need one. The court might drop the whole thing.

Maby just a call to the chief of police and peaceful conversation also mention the officers conduct might not be his first power trip

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[Frank Tillman]

I'm an attorney, this should never be a big deal. Cases like this I talk to the prosecutor, or attorney handling the case
by phone privately, explain the situation and you can almost always work it out to get it dismissed. If not you are dealing
with some bad people, or attorneys, or there is more to it than you are relating.

 

[Escape]

Its going to be dismissed. For real felonies they cuff you and throw you in the squad car.

 

[Tom_in_CA]

Its going to be dismissed. For real felonies they cuff you and throw you in the squad car.

What ?? You're saying a man with a (gasp) metal detector digging a coins isn't as bad as bank robbers and child molesters ? Say it isn't so !

 

[SeabeeRon]

"Well, your Honor, I believe the situation is that while I as aerating the lawn and removing foreign contaminates I was verbally assaulted by Officer Buttcramp."

"Vandalism would be willful destruction but I carefully replaced the flap of sod - I always cut flaps so a portion of the root system is connected to the surface - and I left the spot just as I had found it with the exception of having removed a coin or bottle cap."

The first part of your post caused a fatal coffee spew!! You owe me a new computer!!

Hope the OP will update us on the out come of this.

 

[jrmazzeo]

Thank you everyone for your thoughts and suggestions on this situation. I really like the suggestion from Treasure_Hunter to bring in trash that was removed.

I am a bit torn on what to do if an offer to reduce the charges is forthcoming. On the one hand I want to see this nightmare end. On the other hand I feel quite strongly that I did nothing wrong so why compromise. Next hearing is early May, will keep everyone posted.

 

[diggummup]

I'm an attorney, this should never be a big deal. Cases like this I talk to the prosecutor, or attorney handling the case
by phone privately, explain the situation and you can almost always work it out to get it dismissed. If not you are dealing
with some bad people, or attorneys, or there is more to it than you are relating.

This and...

Its going to be dismissed. For real felonies they cuff you and throw you in the squad car.

This too.

Thank you everyone for your thoughts and suggestions on this situation. I really like the suggestion from Treasure_Hunter to bring in trash that was removed.

I am a bit torn on what to do if an offer to reduce the charges is forthcoming. On the one hand I want to see this nightmare end. On the other hand I feel quite strongly that I did nothing wrong so why compromise. Next hearing is early May, will keep everyone posted.

Read the above posts. Personally, I think it would be a waste of taxpayer monies if it actually did make it past your first appearance and subsequently being dropped. Actually, it already is a waste and the cop should be reported for being an asswipe if nothing else.

 

[Oddjob]

I am a bit torn on what to do if an offer to reduce the charges is forthcoming. On the one hand I want to see this nightmare end. On the other hand I feel quite strongly that I did nothing wrong so why compromise. Next hearing is early May, will keep everyone posted.

Its simple, there is no deal, not guilty. Take a deal and you are saying you are guilty, in law there is no a little guilty or a little innocent. Fight that BS, make an example.

 

[Terry Soloman]

Follow the money. The Judge will ask the accused to pay a fine, and he'll dismiss the Felony charge. The town makes payroll, the OP pays through the nose for digging in a historic part of town at a time too many people were watching. Lesson learned the Expensive way.

 

[Tom_in_CA]

.... I am a bit torn on what to do if an offer to reduce the charges is forthcoming......

I feel that this will simply be dropped.

But assume for the moment the above scenario happens (as any judge with common sense will "have bigger fish to fry"). Then yes, you could decline any counter-offer and stand your ground. But this is where it gets tricky: Because they often make these things SO INVITING, that it's hard to resist just paying a pittance.

Example: I know a guy who got a ticket for crossing state park land with a metal detector slung over his shoulder. The vacant lot was a block away from an historic sensitive monument place. The friend of mine had just finished detecting a private farmers land nearby with permission, and was merely walking back to his vehicle. He was not detecting. And he didn't even know it was state park land . Because the state had only just acquired this parcel just a year or so earlier, and it wasn't posted or used or anything (it was just a vacant lot a long block away from some state monument).

The ranger stopped him and popped him. Despite my friend telling him that he was not detecting, and that he didn't know it was state land, etc.. The ranger would not be dissuaded. My friend was convinced that this was total bologna and would be easy to fight .

The ticket came in the mail, and it was for something silly like $120 ! If he was going to fight it, he'd have to drive 3 hrs. back to the location, blah blah blah. *Obviously* it was cheaper just to pay it. In fact, he sort of got a chuckle out of it, thinking: "If this was all I ever had to pay for my 30+ yrs. of detecting, then it was worth it". In other words, he just treated it as a fluke. And it didn't change his detecting habits one bit.

So to apply that to your scenario: If they reduce this to something akin to a traffic ticket with a pittly cost, you're going to be mighty-tempted just to make it "go away" with that. And then in the future: Hunt that park at night (if it was giving up choice silver coins )

 

[stratopastor]

personally, i'd fight it and file a separate personal grievance against the cop for calling you a vulgar term. But I'm pretty stubborn when it comes to bad cops.

 

[PirateLabs]

Hope the OP will update us on the out come of this.

He will when he gets out of the slammer, ha ha.

But seriously, I agree with those that say this will/should be dropped by the D.A. Sad that he had to hire an attorney but, that was a smart thing to do.

Bill

 

[Terry Soloman]

personally, i'd fight it and file a separate personal grievance against the cop for calling you a vulgar term. But I'm pretty stubborn when it comes to bad cops.

Welcome to the forum from White Plains, New York!

 

[Primus Palus]

So I checked out your laws. Specifically this explanation:

Malicious Damage Laws & Penalties
If you acted “willfully and maliciously” your possible sentence will be up to 10 years in prison and fines of $3,000 or 3 times the amount of the damage caused, whichever is greater, or up to 2 ½ years in jail.

If, however, you acted “wantonly” the penalty for wanton destruction of property is a maximum of 2 ½ years in jail or a fine of $1,500 or three time the value of the damage, whichever is greater.

The distinction is if you act deliberately, or something closer to carelessly when causing damage to property that results in a malicious damage offense.

If the damage is valued at less than $250, you face possible jail time of up to 2 ½ months and fines equal to 3 times the amount of the damage.

Ref: MGL §266-127

Technically, you could be found to have been wanton/careless if your digging caused damage. They'll have to prove that your actions caused damage. This should include photos and testimony from someone able to determine value of losses. ie. A maintenance guy that can explain how much the grass costs, sprinklers, etc.

The unfortunate side is they may blame you for more than you actually did. If other hunters dug there that day or previously caused damage they could try to pin that on you. They'd have to prove that beyond a reasonable doubt though.

Your best bet is to let your attorney speak to their DAs and work something out. That's either getting the case thrown out or you pleading to something less.

My recommendation... let things run its course and don't detect there anymore. This is something that is definitely discouraging to people like me (new to detecting). This is why I've been working really hard on my digging technique and I won't dig past 4 inches or so on public property (like parks). I'm also thinking of recording my digs. Or taking a before and after photo. So I can show that my digging left no damage. That doesn't mean that weeks later my digging won't kill some grass or cause issues... but if I can minimize it, I will.

 

[stratopastor]

\'m also thinking of recording my digs. Or taking a before and after photo. So I can show that my digging left no damage. That doesn't mean that weeks later my digging won't kill some grass or cause issues... but if I can minimize it, I will.

I'm right there with you... i've actually been considering printing a mount for my camera so that I can mount it to my chest or head and video digs on public property... or as you say, at least before and after. ideally I'd like to have a go pro but i've got a wife who's already not convinced that I needed a metal detector... even though we all know that we NEED our detectors!!!