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  1. #1
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    Sep 2014
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    Default Vandalism Misdemeanor Upgraded to a Felony

    My question involves criminal law for the state of: Illinois

    I have a few issues about an incident that happened to me last night. Here is what happened:

    I went to a friends wedding. I had many drinks and was intoxicated. I may have had one of my drinks drugged because I do not remember anything that happened afterwards. I was caught on camera damaging property at hotel. I do not remember leaving the wedding, getting to the hotel or doing the damage. I have been charged with 2 counts of criminal damage to property and one count of theft.

    Here is my issue: the arresting officer called the DA to ask how severe the charges should be. The officer stated that the DA decided to make my charges misdemeanors instead of felonies as long as I paid for the damages (I believe that this was done because I have no priors and I genuinely do not remember a thing). However, he went on to say that if I challenged the amount of the damages or the charges in general, the DA would make the charges felonies. The officers stated that I should consider myself 'lucky' that they were only misdemeanor charges and in truth, I do.

    But I feel that should be able to dispute the amount of the damages if it is some outrageous amount. Them telling me this has made me afraid of what will happen if I defend myself or get an attorney and that does not feel right.

    Can they change misdemeanors to felonies after the fact?

    After being detained the arresting officer asked me MANY TIMES if I had taken any drugs. I did not. But after he asked numerous times I began to think that I had been drugged. I asked if I could be tested for drugs and they said they could not do that. This behavior is not normal for me and I'm very concerned because I don't remember anything.

    Should I go to a doctor and get tested? Say he finds that someone slipped me something in my drink without my knowledge. Could I bring that to court and claim some sort of temporary insanity plea? It's shocking to me that I could do these things without my knowledge.

    If anyone can help I would greatly appreciate it.

  2. #2
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    Default Re: Misdemeanor Upgraded to Felony for Challenging Case

    How long ago did this happen?

  3. #3
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    Sep 2014
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    Default Re: Misdemeanor Upgraded to Felony for Challenging Case

    0142 last night.

  4. #4
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    Sep 2005
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    Default Re: Misdemeanor Upgraded to Felony for Challenging Case

    Quote Quoting Janus9823
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    The officer stated that the DA decided to make my charges misdemeanors instead of felonies as long as I paid for the damages (I believe that this was done because I have no priors and I genuinely do not remember a thing). However, he went on to say that if I challenged the amount of the damages or the charges in general, the DA would make the charges felonies.
    The first thing to keep in mind is that the officer is allowed to lie to you. He may not have actually had that discussion with the prosecutor, and may be simply trying to pressure you to pay off the damages you caused without creating more work for him or for anybody else involved in the case.

    The next thing to keep in mind is that, unless we're talking about a very small jurisdiction, the prosecutor who is taking calls from officers on a weekend is unlikely to be the prosecutor that has any further involvement with your case. No formal review of your case has been made by the prosecutor's office. It's unlikely that the prosecutor's office has an open file on your case at this point, let alone one in which a prosecutor would be foolish enough to add a note, "Charge with a felony if he disputes restitution."

    The next thing to keep in mind is that the prosecutor's office does have the discretion to review a case and overrule an officer's decision to issue a misdemeanor citation on a case that could support a felony charge. Should your charge be increased, absent the discovery of note that probably doesn't exist in a file that probably doesn't exist, it's going to be difficult for you and your lawyer to argue that your rights were violated in a conversation that may not have happened.

    The issue may be moot. You may find the hotel's bill reasonable... controlling for the fact that hotels are the places where a thin bathrobe "sells" for $200... and decide it's not something over which you want to try to make an issue. If you do find the bill excessive, you should discuss your options with a criminal defense lawyer. Guess what? You may be able to get through a plea bargain with that misdemeanor resolution (or perhaps even something more favorable, like a deferral) without having restitution fixed as part of the plea deal -- in which case you may be able to contest the amount claimed as restitution after the charge is resolved and the prosecutor has no further ability to increase the charge. If you undergo a presentence investigation, and your lawyer has a decent rapport with the probation officer performing the evaluation, your lawyer may be able to raise any issue about an inflated restitution number with the probation officer and resolve your concerns that way.

    My suggestion right now is that you worry less about the restitution and more about whether you can find a way to avoid a criminal conviction. Talk to your lawyer.

    As for your intoxication, odds are you're one of those folks who simply drank well beyond their normal capacity at a wedding, and blacked out from nothing more than that excessive alcohol consumption. If you believe you may have been drugged, you can ask for a drug screening through a local doctor or clinic -- but keep in mind that you may be paying for it out-of-pocket even if you have health insurance.

  5. #5
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    Sep 2014
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    Default Re: Misdemeanor Upgraded to Felony for Challenging Case

    Thanks for your response. I had considered all of this. The officer that handled my case seemed quite moody and repeated that he couldn't wait for the end of his shift. I knew they very well could have been lying, but I was curious if what he claimed was even possible.

    I had also considered the intoxication part. It's not the 'blacking out' part that made me think I was drugged. It was the what I did while blacked out that gave me alarm.

    And yes, avoiding conviction is my priority at the moment. I was just curious of why a cop would say something like that. Apparently he was just a jerk ready to get to the end of shift.

    Thanks again for the information and advice.

  6. #6
    Join Date
    Apr 2006
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    122

    Default Re: Misdemeanor Upgraded to Felony for Challenging Case

    I would start out by writing to the Corporate Office of the Hotel Chain(Loss Prevention) and explain what happened. Explain that you want to be tested for a drink that may have been drugged. I would further ask for a Character Witness so they know that this was not like you. If you have the Officer's Badge# I would include it in the letter and explain how his mood was. Further go on to say you were embarassed in front of the wedding party. Remember the Hotel does not want bad press.

    Perhaps they will decide to drop all charges and asses you or the person who rented the venue the cost to repair what was damaged.

    How much do you estimate the damages to be? Lets say someone damaged my computer I would sue for the damages in small claims court or ask the party to pay me within 30 days. I would do my best to settle out of court. I think the hotel would work out a bargain since they would not want to lose a potential customer.

    At a wedding a lot of things can go wrong. This is the reason why the wedding party takes out insurance for damages. I would think the person who rented the venue would be responsible for damages. I would ask them to go after the person who rented the venue. Were there CCTV camera images of you actually damaging the property?

    I would go in right away for a Drug Test and then have your doctor be your witness for not taking any illegal drugs .

    If someone drugged your drink then they would be responsible for the damages since if you were passed out how could you even fend for yourself?

    Please keep us posted.

  7. #7
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    Sep 2011
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    Default Re: Misdemeanor Upgraded to Felony for Challenging Case

    Something to consider as you chart your way through this. Hotels buy uniform fixtures in bulk that are commercial grade. Obtaining a replacement of 1 unit of this or that can be very expensive, after shipping.

  8. #8
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    Apr 2006
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    Default Re: Misdemeanor Upgraded to Felony for Challenging Case

    Quote Quoting Disagreeable
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    Something to consider as you chart your way through this. Hotels buy uniform fixtures in bulk that are commercial grade. Obtaining a replacement of 1 unit of this or that can be very expensive, after shipping.
    Exactly that is how most commercial properties operate with their fixtures. It has to be purchased in bulk and the single unit can be more expensive than a bulk order. But I wonder how much "backup" supplies does a company/hotel have to fix one that was damaged intentionally or accidently.

    I would like to know how can the hotel prove that the OP intentionally damaged the item? Isn't there insurance to cover damages whether by fire flood or human? The deductable must be quite high.

  9. #9
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    Default Re: Misdemeanor Upgraded to Felony for Challenging Case

    Has it been established that it was a fixture that was damaged?

    I would like to know how can the hotel prove that the OP intentionally damaged the item?

    Because they have him on camera doing it.

  10. #10
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    Sep 2011
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    OH10
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    Default Re: Misdemeanor Upgraded to Felony for Challenging Case

    Nope, they do not have a big storeroom full of replacements. It would not be cost effective. Guests are there to sleep, not play army.


    Quote Quoting travelplus
    View Post
    Exactly that is how most commercial properties operate with their fixtures. It has to be purchased in bulk and the single unit can be more expensive than a bulk order. But I wonder how much "backup" supplies does a company/hotel have to fix one that was damaged intentionally or accidently.

    I would like to know how can the hotel prove that the OP intentionally damaged the item? Isn't there insurance to cover damages whether by fire flood or human? The deductable must be quite high.

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