First offensive criminal mischief charge. What could happen?

Asked almost 2 years ago - Clermont, FL

I have never been in any kind of trouble before this. The girl who's windows I smashed out did press charges. The citation states the damage was less than $1000.

Attorney answers (4)

  1. Robson David Charles Powers

    Contributor Level 10

    4

    Lawyers agree

    Answered . You should probably not admit to a crime on a public forum. Talk to a local attorney and try to get into a diversion program if possible.

    This is general advice and not intended to form an attorney-client relationship.
  2. James D Phillips Jr.

    Pro

    Contributor Level 9

    4

    Lawyers agree

    Answered . Criminal Mischief greater than $200 but less than $1000.00 is a misdemeanor of the first degree. The maximum you could receive is 1 year in the county jail, 1 year of probation, $1000.00 fine or any combination of the three. Because you have no prior criminal record you maybe eligible for a pretrial diversion program. A pretrial diversion program would consist of a supervision period, restitution, community service and any other conditions the State Attorney's Offer would require. The benefit of the pretrial diversion program is that if you do everything the State ask they will dismiss the case in the end. Whether or not you receive the pretrial diversion program will be dependent on several factors including whether or not the alleged victim agrees to the State offering you the program. One of the benefit of retaining an attorney is that they can explore the pretrial diversion program option with the prosecutor. If the diversion program is not an option, an attorney can discuss alternative offers to try and prevent you having a criminal record if you decide to take a plea. Also keep in mind that an experienced attorney can review the evidence the State intends to use against you to see if the State can prove the case or not. Before you decide to taken any option whether to take a diversion program if offered, a plea or take the case to trial, you need to be fully educated on what evidence the State actually has against you.

  3. David S Katz

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . That is a really detailed and thorough answer by Mr. Phillips. You should definetly hire an attorney, the State Attorney's Office in Lake County can be difficult and seek penalties more harsh than most places in this area.

    Although AVVO answers provide a starting point, nothing replaces the opinion of a qualified DUI defense attorney... more
  4. Mark H Randall

    Pro

    Contributor Level 15

    2

    Lawyers agree

    Answered . The state might also have proof issues. I think it best if you retain an attorney and not try to handle it yourself.

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