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What can i get for graffiti/ criminal mischef in TX

Asked over 2 years ago - Houston, TX

i was arested for graffiti. but when they searched me i didnt have any paint on me or on my hands...the witness said he saw 4 kids but their was only 2 wich was me and my friend...they found the paint hidden under a bush where i had thrown it. so they acused us of doing it but we said it was not us.!so they took us to juvinile department where my mom had to come pick me up...what do u think they'll do?
plus im on probation....what should i do pled inocent or guilty? what will i get?

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[they didnt see me throw the spray paint...so basicly the have no proof that i did it right?

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Attorney answers (3)

Dustan Orlando Neyland

Reputation Level 8

Answered over 2 years ago. Criminal Defense Attorney in Humble, TX.

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The punishment range for Graffiti depends on the amount of damage. For damage under $500 the maximum range of punishment is up to 6 months in the county jail and/or a $2000, if the damage is $500 to $1500 its up to 1 year and/or a $4000 fine. If the damage is greater than $1500 but less than $20,000 then it will be charged as a State Jail Felony which carries a punishment range from 180 days to 2 years in the State Jail and up to a $10,000 fine. Additionally, if the graffiti was done on a school campus, it is automatically a State Jail Felony regardless of the amount of damage. Additionally, a conviction under the crime will result in a driver's license suspension of up to 1 year.

Considering that you are a juvenile, (under 17 in Texas), you will be charged in Juvenile Court where the punishment ranges from different types of probation for felonies and misdemeanors up to confinement in TYC for felonies. You should consult an attorney to discuss your case, as every situation is different and considering the fact that you are currently on a probation.

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Mark W. Bennett, licensed in Texas

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Rosario Stornello

Reputation Level 11

Answered over 2 years ago. Criminal Defense Attorney in Houston, TX.

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The punishment range for graffiti and criminal mischief varies bases on the value of the damage. You need to consult with an attorney on you cases immediately. Only talking to an attorney you have hired can you get the proper advise. These new cases could have a very serious negative impact on the probation your on.

Stornello Law Firm

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Alan James Brinkmeier

Reputation Level 20

Answered about 2 years ago. Lawsuit / Dispute Attorney in Chicago, IL.

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Many people post questions here asking about their chances in court. No one online can validly predict what the future holds. The subject penalties may be based on a myriad of reasons. Many factors such as age, prosecutor discretion, what judge you have, whether witnesses are credible all matter and that makes it near impossible to say what "does he get".

Check with a TX lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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