Ii wascharged with criminal michief of the 4th degree.

Asked about 1 year ago - Florham Park, NJ

the person who was the victum decided not to press charges nor require restitution. i was supposed to go to PTI for criminal intake but was told that it had been downgraded. What does that mean? What fines/jail time am i looking at?

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  1. Yolanda Navarrete

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    Answered . It was. Sent to municipal court, which is usually better. If the "victim" will not be testifying, the state may not be able to prosecute and you could request that charges be dismissed.

    Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to... more
  2. Christopher T Campbell

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    Answered . That means that it was sent back to municipal court, which is usually good. That means there is no risk of a felony record, although dismissal following a period on PTI is not available there. It probably went back down as a disorderly persons criminal mischief, which is punishable by up to 6 months in jail and $1000 fine.

  3. Benjamin G Kelsen

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    Answered . This means that your case s going back to the municipal court where it will be treated as a disorderly persons offense. You should still contact an attorney.

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  4. David F Salvaggio

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    Answered . Although the victim may have filed a Domestic Violence Complaint as a result of this incident (which is a CIVIL case which is heard in the Family Part of the Superior Court), your question involves the CRIMINAL LAW aspect of the case. You need to speak with a New Jersey Criminal Law Attorney.

    DISCLAIMER The information you obtain at this site is not, nor is it intended to be, legal advice. You should... more
  5. Jeffrey Anthony Skiendziul

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    Answered . The downgrade means that instead of facing up to 18 months in jail and up to 10,000 in fines for being convicted of a 4th degree charge, you are instead facing either up to a 500 to 1,000 fine as well as up to either a 30 day or 6 month jail sentence if convicted of either a disorderly persons offense (DP) or petty disorderly persons (PDP) offense. The DP offense has the harsher of the two penalties. Depending on the facts and circumstances of your case you may have it downgraded further or dismissed based the surrounding additional facts of your case. You need to talk to a criminal lawyer for further assistance on how you should proceed and do so before your next court date. Good luck in Municipal Court.

    DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree... more
  6. Mark M Cheser

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    Answered . Downgraded means the crime was dropped to a disorderly persons offense and sent back to Municipal Court. Based on your post an experienced criminal defense attorney may be able to get it dismissed. Call with more information.

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