he was with 2 friends that went to talk to another kid that had stolen from one of the friends brothers - screaming occurred and hitting and kicking of a car causing $3500 damage - my son's statement is that he did not participate in screaming or hitting/kicking the car - he told the truth in his statement to the police - he has a court date next week - he has never been in trouble before for anything - do we need a lawyer?
You only need a lawyer if you want to keep your son's record clean. His denial may not be enough to get the DA to dismiss the case without a mouthpiece to argue on his behalf.
Any response I provide is meant as a general view on the subject and is no way intended to be specific legal advice to any individual. If you wish specific advice, you should hire and consult with an attorney of your choosing.
He can be charged with a felony. Hire a good criminal defense lawyer.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 21 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
It sounds like your son has been charged with criminal mischief in the second degree. A person is guilty of criminal mischief in the second degree when with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he has such right, he
damages property of another person in an amount exceeding one thousand
five hundred dollars. Criminal mischief in the second degree is a class D felony. Your son should exercise his right to remain silent and his right to counsel.
The information provided is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered. The information is not guaranteed to be correct, complete, or current. I make no warranty, expressed or implied, about the accuracy or reliability of the information. You should not act or rely on any information at above without seeking the advice of an attorney. The determination of whether you need legal services and your choice of a lawyer are very important matters that should not be based on websites or advertisement
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