While at police station awaiting responsible party , I intentionally damaged the intercom system. I am not too worried about the penalties for the owi, but I am worried about the criminal damage. Potential 9 months jail. Any ideas what DA will push for? Probation isn't really an option I'd like to consider as I am considering an out of state move.
I have a long, but old 15yrs ago history.
37 years old.
2 Children, where I have sole custody and placement
Anything I can do before hand to minimize punishment for criminal damage?
Criminal Defense Attorney
I agree with Atty. Witt. Up front restitution can work wonders.
Expect at least two court appearances.
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10 lawyers agree
DUI / DWI Attorney
Really? You are not worried about the OWI charge...WHY? If this is a first offense, you are facing a driver license revocation; a fine; an alcohol and other drug assessment, and follow up treatment; points; and an ignition interlock device requirement on any vehicles you own (if you have a .15 or above). That is just for a first offense. A second offense or higher is criminal, which means jail time.
With respect to what is going to happen on the criminal damage to property charge, no one here on Avvo may say without being the attorney hired to represent you and a lot more information (i.e., you, your age, education, employment, etc.; facts of the case; criminal history; driving record; the prosecutor; the judge; etc.) And even then, the best an attorney may do is give you an educated guess.
DO NOT post any more details online. Anything posted online may be used against you in court. You are already somewhat identifiable given your description of the criminal damage to property charge. In fact, you admitted to intentionally damaging the property in a public forum. Clear evidence of your guilt....You should consider asking Avvo if you can remove this post.
Upfront restitution (paying for the intercom system) and treatment may help mitigate your case.
Contact local, experienced criminal and OWI defense attorneys directly for more specific advice.
12 lawyers agree
Criminal Defense Attorney
My advice is to meet with an attorney to discuss your options rather than doing it in this amount of detail on this forum. No one will be able to give you a definitive answer about what a likely outcome will be without access to more information about you and the incident. If you can't afford an attorney then you can apply for a public defender for the misdemeanor charge.
Answering this question does not make for an attorney/client relationship. If you are already represented, then you should be speaking with your attorney.
Criminal Defense Attorney
You should contact an attorney sooner rather than later. You have very time sensitive matters regarding your OWI such as whether or not to request a administrative suspension review hearing or refusal hearing. Having this hearing can be crucial to your defense. Also, there needs to be more facts about what happened with the alleged damage to the property. The easiest answer is talk to an attorney sooner rather than later.