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Get off on a technicality?


Scarred Bars

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Okay, i just had this passing thought, and i just5 wanted to see if it could/has work(ed).

 

For the example, lets say you write GRIME. And you get up alot, well enough for police to suspect you. And lets say they raided your house (in the extreme) or saw you out late and searched you ect and found probable cause to graffiti.

 

But what if they made an error and thought you wrote GRINE (becuase your m's last vertical in a bit short or something like that).

 

Would you be able to say yes i write GRINE and then realise they made a mistake, but but that point your off scot free. Or would they still slap a charge on you even if there is no current writer called GRINE.

 

 

Just a thought, if it seems too whack delete it, but it is just a thought...

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youve never been arrested before have you?

 

it doesnt usually happen like that. theres plenty of time between when they "raid your house" and any meaningful court dates for a prosecutor to try to get facts straight. its not like youre arrested, charged and convicted in one night. and you have to get charged with specific acts of vandalism, not just having a "grafname." weather or not cops can read your letters correctly, if they think you did it, then you get charged for it. on the other hand, its hard to actually pin you with a name unless there are snitches to testify or the police are really on point.

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Fuck getting a lawyer. Get a public defender and talk to him as much as possible about how to not be a retard. Try to learn how to talk to the cops without getting scared and you wont admit to anything. Half the time when a cop tries to tell you that you did something, he's trying to see if you will hesitate or stumble. Cops love it when ignorant people slip up its what they live for. If its your first offense and you didn't get caught red handed... Like they are just trying to say they found some tags or something there is a good chance they are guessing. That's just what I've found to be true at least.

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No harm, no foul. Not a particularly stupid question, just not exactly perfectly thought out. Getting off on a technicality is more typical in graffiti in a situation where you, say, get arrested for a particular piece, and they can't prove that you actually painted that specific mural. Most technicalities I've seen occur when the cops get too specific, trying to nail you harder, instead of just getting you for "possession of graffiti implements" or "criminal mischief in the 2nd."

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Any marker with a nib bigger than a certian size, scribing tools, even kiwi shoe polish. Those are "Graffiti implements"

 

Heres the actual statement from California law

 

(a) Every person who possesses a masonry or glass drill bit,

a carbide drill bit, a glass cutter, a grinding stone, an awl, a

chisel, a carbide scribe, an aerosol paint container, a felt tip

marker, or any other marking substance with the intent to commit

vandalism or graffiti, is guilty of a misdemeanor.

 

and heres the link http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=19946227759+1+0+0&WAISaction=retrieve

 

Get this, as a punishment you may have to buff shit. If you're too young, your parents will do it.

 

Read up on your law, save your ass one day.

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Chances are when they "raid" your house you'll have things that say your name all over them, like black book or sketches.

 

But if you got caught in the act I guess you could say you write something else and hopefully they won't know you.

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