Criminal mischief charge

Asked about 2 years ago - Houston, TX

I have a warrant and the charge is a class a misdemeanor criminal mischief. My girlfriend filed charges on me for breaking her TV. I already have a class b criminal mischeif charge on my record. My question is first, can my girlfriend still drop the charges because she told me she wanted to.If not , I plan on going to jail and bailing out . I want to avoid going to jail if at all possible. Maybe get it reduced to prbation or a fine. I also belive i can fight this case because i only put a crack on the tv and she still uses the tv and i dont think the damage is 500 -1500 $. What should I do?

Attorney answers (4)

  1. Stephen A. Gustitis

    Contributor Level 13

    3

    Lawyers agree

    Answered . If you have a warrant outstanding for your arrest the best course of action is to turn yourself in to clear the warrant from the system. Otherwise, if you are stopped for a traffic violation, or otherwise come into contact with the police, you will be arrested on the spot. Better to have the arrest event occur on your own terms. However, before surrendering yourself on the warrant contact a local bondsman and get your bail figured out ahead of time. In addition, contact a qualified criminal defense lawyer too obtain practical advice regarding this matter. Your girlfriend can request the prosecution not go forward, typically by signing what is called a "non-prosecution affidavit." However, the prosecutor is not bound by this request and can prosecute you regardless of your girlfriend's request. A reduction, or probation, may be possible. But only an experienced defense lawyer can tell you for sure after they fully investigate the facts of your case.

  2. Henry Khoa Nguyen

    Contributor Level 4

    2

    Lawyers agree

    Answered . If you don't want to spend alot of time in jail, you should do a "walk through". This is done through a bonding company. You pay 10% of the bond and they take you down and you get fingerprinted and photographed and they will let you out. Otherwise, if you get arrested on an open warrant, you will spend 8-12 hours in jail being processed. You also need to hire an attorney to represent you. An attorney can try and get the case dismissed or kept off of your record. Make sure you hire someone that will fight for you and not just take any plea offer.

  3. Timothy Michael Donahue

    Contributor Level 7

    1

    Lawyer agrees

    Answered . You should try to post a "No Arrest" bond. You will have to take the paperwork to the Harris County Sheriff's Office at 49 San Jacinto and have photos and fingerprints made. It will take some time but you can avoid being processed into the jail that way.

  4. Frank Mascagni III

    Contributor Level 20

    Answered . You need to hire a competent criminal defense attorney in your area to defend you. The attorney can locate the case and redocket it to set aside/recall the warrant and resolve the case. The prosecutor can prosecute the case even if the prosecuting witness wants to drop the charge. The prosecutor will talk with the witness and any police officer when negotiating the case. Get an attorney now to assist you.

    I don't practice in TX, but in my state, KY, this is a minor misdemeanor charge:
    ======================================================================
    § 512.030. Criminal mischief in the second degree.
    Kentucky Revised Statutes

    Title 50. KENTUCKY PENAL CODE

    Chapter 512. CRIMINAL DAMAGE TO PROPERTY
    Current through 2011 Legislative Session

    § 512.030. Criminal mischief in the second degree
    (1) A person is guilty of criminal mischief in the second degree when, having no right to do so or any reasonable ground to believe that he has such right, he intentionally or wantonly defaces, destroys or damages any property causing pecuniary loss of $500 or more.

    (2) Criminal mischief in the second degree is a Class A misdemeanor.

    History. Effective: January 1, 1975
    Created 1974 Ky. Acts ch. 406, sec. 107, effective January 1, 1975.
    ==========================================================================

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more

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