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Intoxicated Criminal Damage to Property

Naperville, IL |

Last night, I was intoxicated by alcohol. Blacked out and don't remember anything. I was arrested and told that I have a criminal damage to property complaint. The court has not sent the arraignment letter yet. According to the account I popped the bug mesh screen off of my friend's neighbor's front screen door. I went over to the house today, and apologized to the house owner. Also, I promised to pay for the damaged screen. The mesh screen is bent and came out of the hinges on the screen door. According to the home owner, I tried to get in his front door at 3 in the morning, and kicking the door since I couldn't get in. I don't know if it would be the town pressing charges or the home owner. I have no previous records, and I didn't do the damage knowingly. Would I be charged most likely?

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Attorney answers 4


Victim has no control over charges. Don't wait. Get a lawyer. You could get a deferral or you could be charged with a class X felony. Do not leave this outcome to chance.


You need to hire an attorney as soon as possible. You also need to refrain from any further discussion of your case in public, whether or not online, or even in private with anyone but an attorney. More than likely what happened is in your drunken stupor, you tried to get into what you thought was your house and you entered your neighbor's house. Nevertheless, you will probably be charged with a very serious crime. Hire an attorney!ASAP!

Although AVVO describes this site as providing free legal advice, it is really a simple Q&A forum. The volunteer attorneys provide general answers. No specific legal advice is given here and no attorney-client relationship is established. For precise direction and legal advice, please consult in person with an attorney in your area. Be sure to bring all relevant paperwork with you.


If you were arrested and a complaint was made, then most likely you will be charged. The time to speak to a lawyer is now, before the charges have been filed. This will give your attorney time to sit down with you, review the situation, and try to work to resolve the situation before it escalates or worsens.


Naperville has a city prosecutor so Naperville will be the entity charging you. The home owner could sue you in civil court trying to get monetary damages. Naperville will be the prosecuting you. If the damage to this door is over $300 it could be charged as a Class 4 Felony, if that happens then it would be the DuPage County State's Attorney handling the case.

The answer provided does not create an attorney-client relationship nor does the attorney answering the question warrant that the answer conforms to existing law. Rather, the answer is provided solely for informational purposes. To discuss this matter further please contact the office at 630-360-2529 or visit

Judy A. Goldstein

Judy A. Goldstein


Counsel, it is clear that the state and not the City of Naperville is prosecuting this case. If the City of Naperville were prosecuting, the charges would be municipal in nature and not as a felony. The asker needs a lawyer

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