Stemming from a 2002 case in which I plead guilty to misdemeanor
vandalism under the advice of my incompetent lawyer to plea. I found
out on 3/22/06 that I was charged with Virginia Code:
18.2-138. Damaging public buildings, etc.; penalty.
"Any person who willfully and maliciously (i) breaks any window or
door of the Capitol, any courthouse, house of public worship, college,
school house, city or town hall, or other public building or library,
(ii) damages or defaces the Capitol or any other public building or
any statuary in the Capitol, on the Capitol Square, or in or on any
other public buildings or public grounds, or (iii) destroys any
property in any of such buildings shall be guilty of a Class 6 felony
if damage to the property is $1,000 or more or a Class 1 misdemeanor
if the damage is less than $1,000.
Any person who willfully and unlawfully damages or defaces any book,
newspaper, magazine, pamphlet, map, picture, manuscript, or other
property located in any library, reading room, museum, or other
educational institution shall be guilty of a Class 6 felony if damage
to the property is $1,000 or more or a Class 1 misdemeanor if the
damage is less than $1,000."
(Code 1950, § 18.1-177; 1960, c. 358; 1975, cc. 14, 15; 1990, c. 454.)
I feel that I was convicted of the wrong crime under the wrong
criminal code. Which I can prove. Based upon the criminal definition
of said law, here are the facts of what actually occurred: (condensed
to important matters only)
I was walking back to my dorm with two other students at the end of my
first year of college at UVa. I was celebrating as typical college
students do and had a few drinks but was not intoxicated to the point
where I do not remember the event.
I was passing an flat open air public parking lot at night.(just like
a regular parking lot you would see in front of a strip mall) UVa
permits anyone to park an night, therefore the parking restrictions
were not in effect.
As I was walking back to my dorm and I spotted a Bahamas vanity
license plate, like one of those toys people put on the front of
their cars. The specific plate in question was also on the front of
the car, which opens up the possibility that it was not used for
registration purposes. It is only mandatory for registration plates to
appear on the rear of a car not on the front. Therefore the inference
can be made that this plate was not used to register the car, not
making the plate government property. Furthermore, this opens up the
reasonable assumption the plate was personal property not public
property.
I acted impulsively and put my hands on the plate removing it from the
car. I suffer from bipolar disorder and often act impulsively. I had
no intention of keeping the plate, I had a bad experience in the
Bahamas during my senior trip and probably would have thrown the plate
away. Regardless, I understand the assumption can be made that I had
the intent to steal the plate. Two police officers witnessed me remove
the license plate from the car arrested and booked me in the parking
lot, afterwards, allowing me to return to my dorm room.
A few minutes later the police officers entered my friends? dorm room
and asked the three of us if we were still in possession of the plate.
Obviously none of us did, but the officers were welcomed to search
both my room and my two friends' dorm room. They did not find the
plate. Like I stated in the previous post, the plate was never
recovered and never entered as evidence in my case. I was assumed that
anyone of the students walking past the scene could have pick up the
plate and walked away with it. My case was not seen for 6 months after
the incident and I recall my lawyer telling me that no one reported a
license plate stolen as someone would be required legally to do if it
were from registration purposes.
NOW BASED UPON THESE FACTS (which, through legal documentation and
witnesses, I can prove where the actual events of that night)
1) The Bahamas license plate was not public property it was most
likely private property.
2) I was not in a building I was in a parking lot.
3) I did not "willfully and unlawfully damage or deface any book,
newspaper, magazine, pamphlet, map, picture, manuscript, or other
property located IN any library, reading room, museum, or other
educational institution " The plate was not in a public building or on
a public vehicle it was on the front of a private citizens.
4) I did no damage to any buildings as described by parts 1-3 of paragraph one.
5) The plate was lost as evidence by the police officers and no one
ever filed a report over the plate so there was no to claim personal
injury of that private property.
6) I was never told by my lawyer what the exact charges were against
me or I would have not plead guilty to violating this code.
Please tell me if I am missing something here or I am on the wrong
train of thought.
Please also let me know if I have a shot at getting my case dismissed
over being wrongly accused of this crime.
I am aware that I defaced someone?s property but I did not commit a
crime as defined by this law. I also know everyone claims innocence,
but simply based on these facts what do you see. |
