As Anaheim vandalism criminal defense attorneys, we know cities and counties spend a lot of money repainting buildings that have been targeted by graffiti. So we weren't surprised when we read in the OC Weekly Feb. 18 that the city of Garden Grove is planning an aggressive fight against graffiti. However, the method the city has chosen is raising eyebrows: It plans to fine citizens $1,000 if they are caught carrying tools for making graffiti. The plan has raised an outcry from at least some civil libertarians, who say it criminalizes legal behavior and allows police to selectively choose who they believe is a "criminal."
The city's ban would include spray paint as well as any other tools of graffiti. If the defendant is under 18, the fine applies to his or her parents. This fine would actually be an "administrative citation" -- that is, a really expensive ticket. Garden Grove has had some success issuing administrative citations for other minor crimes, most notably illegal fireworks. The city says this solves the problem without clogging the courts or jails, and in the case of graffiti, will lower maintenance costs. City Manager Matt Fertal said the city wouldn't go after law-abiding citizens who happen to have spray paint, but would target only people who had already broken the law.
As Carson vandalism defense lawyers, we don't believe this idea will hold up if it's challenged in court. A city ordinance that criminalizes lawful behavior violates the civil rights of everyone in that city. Allowing police officers to use their discretion only makes matters worse, because it essentially makes police into the final authority. It's not hard to imagine that officers might apply the fine selectively, perhaps to people who said something rude to them, or people whose behavior, clothes or racial background they don't happen to like. And taking these cases out of courts might save money, but it does so at the expense of due process. In essence, the city has made it possible to be fined for graffiti without actually having painted graffiti, with no way to challenge the case before a judge or jury.
HOWARD | NASSIRI PC represents both adults and minors who are charged with vandalism and graffiti in Southern California. Many people think vandalism is for teenagers, as this move by the city of Garden Grove shows, the law takes vandalism seriously. Both kids and adults can end up in jail or prison, even for a first offense causing minor damage, and minors may be charged just for possessing spray paint. Our Riverside County vandalism criminal defense lawyers advocate hard for less serious sentences and alternative penalties that may better fit the circumstances behind the crime. In many cases, that can mean community service, paying to clean up the vandalism. In most vandalism cases, our goal is to make sure our clients can pursue employment and school in the future without the stigma of a criminal conviction.
If you're charged with vandalism, tagging or painting graffiti, HOWARD | NASSIRI can help. To learn more or set up a consultation, please contact us online or call us toll-free at 1-800-872-5925.
