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  1. #1
    Join Date
    Dec 2012
    Posts
    1

    Default Criminal Mischief in the 3rd Degree

    My question involves criminal law for the state of: New York.

    I was arrested for breaking a vase. I should of paid the $100 the hotel asked for, but I had to make my life more difficult by saying no. So of course, I got arrested. I was charged for Criminal Mischief in the 3rd Degree. Which after researching my charge, doesn't make sense if the damage was less than $250. Then again, there are other issues as well.

    I do NOT live in New York. My arraignment is held in February and I understand I must appear in order to avoid a warrant. I tried reaching out to a Legal Aid about retrieving a PD for the arraignment and they had told me I would be appointed one at my arraignment.

    My questions are:

    1) Will all of this be resolved in my arraignment? If not, is there any way I can avoid making another court appearance? Considering I do not live in New York.
    2) Is it not possible to obtain a PD before my arraignment?
    3) What is the most likely out come?
    4) Is there any preparation steps I should take before my arraignment?
    5) How can I avoid having to continuously fly back and forth from New York?

    Thank you for any and all of your help. It doesn't matter how much older or wiser I become, the law still has lessons I have yet to learn.

    Chelsey

    - - - Updated - - -

    Oh, I have no priors on my record.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Criminal Mischief in the 3rd Degree

    Sooooooo, Don't you think we should know all the details? It could be as simple as the charge was designed to make sure you appear and will be reduced by the prosecutor. You should have considered the personal expense before playing the vase game. Are you saying you have no income, access to income, nor does anyone in your household? Are you claimed as a dependent on anyone elses tax return? How did you pay for your NY trip?

  3. #3
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Criminal Mischief in the 3rd Degree

    To avoid a full court process (arraignment, pre-trial conference, trial, sentencing), you will need to get a lawyer.

    Since you can afford to be at a hotel in New York, and can afford to fly back and forth to/from New York....you won't be granted a PD.

    Get a lawyer.

  4. #4
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Criminal Mischief in the 3rd Degree

    It can be resolved in one court appearance if your lucky but be smart attack the problems correctly. Work with a lawyer and see if they can arrange an acd or even a straight out dismal so you avoid having a record. Five years down the line you don't want a misdemeanor conviction causing you problems if it can be avoided. Sometimes this charge can be reduced to a non criminal conviction such as disorderly conduct but besides the judge throwing the case out, an acd is what you should shoot for. I think if your 17 or 18 you can also get youthful offender which can seal and dismiss the charge after a certain amount of time.

    Your probably gonna have to at least appear in court once,it can be costly but you might be able to have a lawyer handle the case with out you having to show up or limit the amount of time you need to show up. A paid lawyer can become costly but they can save you time which equals money in the long run. Don't just plead guilty right away to be down with it,if this your 1st offense you have some what of a shot at an acd. It dismiss and seals case if you stay out of trouble for 6 months. Safe up money,so you got cash on hand to pay any fines,court cost and restitution for the vase.

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