Criminal Mischief Charges Without Evidence

[lawfacts]

Some teenagers were hanging out on somebody else's farm land, and the police came out and told them to leave. The next day the owner of the land contacted the police and indicated that some equipment on his land had been vandalized. The teens have now been charged with criminal mischief. Can they be charged simply for being on the land?

[Mr. Knowitall]

It's not only that they were on the land -- the equipment was okay, they were on the land without permission, and the next day equipment (presumably in the area in which they were trespassing) was found to be damaged.

That said, unless one or more of the teens confesses or other evidence is found (e.g., fingerprints), it's not a particularly strong case.

The teens should speak to their parents, and consult a criminal defense lawyer.