My best friend slashed 2 tires of a car, and a side view mirror. Immediately after they did it, they were regretful and scared. They paid for the tires to be changed by a mobile tire tech. And took care of the mirror.
The investigator questioned the tire tech and got the my friend's phone number. Also, the police report says that they are some pictures from the surveillance.
In the initial hearing, the clerk said that he had no other choice than sending this to arraignment as the owner of the car got a restraining order when reporting this to the police.
What are the chances for the charges to drop as my friend is a good person who has only made a mistake but has done their best to fix it? What are the chances for going to jail?
1. Moving to criminal defense, where it belongs.
2. If you want to help your friend, do not post details of his antics on an open forum.
3. He needs an attorney.
The foregoing is for general information purposes and does not establish an attorney-client relationship. Those seeking such a relationship are directed to the contact form on my website.
The likely charge will be malicious destruction to a motor vehicle. MGLA C266 s 28. This is a felony, includes license implications, and cannot be continued without a finding like many crimes. (Although is often amended if your friend has minimal record)
Your friend should have hired an attorney for the show cause but at this point should hire on going forward or if indigent and has no resources will be appointed to one at arraignment as it sounds its certainly going there. He should contact clerk to verify arraignment date if mailing address has changed to make sure he doesn't miss arraignment date.
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Attorney Goodreau is correct in his assessment of the situation. Your friend committed a crime, and needs to answer for it in court. However, he showed remorse immediately and did his best to compensate the owner for his damages. There is probably no chance that he will go to jail. I would guess that a good attorney could get the charges reduced to reckless or wanton destruction - maybe your friend was drunk or high and not thinking clearly? He will plead out to a year probation, community service, court costs, fees, and restitution for any other damage not already completed.
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