okay, this guy was staying at mine and my bf's apartment and they got into an arguement. my bf threw his friends coffee table off the 3rd floor balcony. his friends mom called the cops and told them that and some other stuff she made up. my bf never got court papers and was arrested. (in may) we bonded him out and they still never sent the court papers! so he has a warrant obviously. he called the courthouse today, and he's charged with criminal mischief. it is a misdemeanor. he cannot get his court date reset. he has to turn hisself in. he supposedly broke the coffee table, ruined a couch, and a kitchen chair. idk if it is relevant but the state we're in is indiana. i need to know, after he goes to court, would he be given time? or just fines? PLEASE HELP!!!!!!!!
2007-02-21 16:29:24 · 12 answers · asked by ashtonms1 1 in Politics & Government ➔ Law Enforcement & Police
Well, if he is charged with damaging a coffee table, couch, and kitchen chair, then he was most likely charged with a class A misdemeanor of Criminal Mischief. This makes a difference because it is more severe than a class B misdemeanor. When the damage is more than $250 but less than $2,500 it is a class A misdemeanor. If his court date has not passed already, he needs to go to court. Adding a Failure to Appear charge may bump up his punishment from restitution and probation to jail time. His punishment also depends on his past criminal record. If he has been arrested before, he will most likely receive jail time no matter what, even if it is only for a short period.
The Officers on the scene made the determination that the mother (and possibly other witnesses you are not aware of) were credible enough to charge him with Criminal Mischief. I would be amazed if there were no other witnesses to someone throwing furniture off a third floor balcony in an apartment complex. I guarantee you someone else saw what happened, and probably called the Police without your knowledge, adding weight to the mother's story.
The court papers not arriving will hold no weight in court. Your boyfriend was most likely informed when he was bonded out of his court date, and if not, the papers were sent to the address on his primary piece of identification at the time of arrest. So, if his address on his license or ID is not accurate, that is why he didn't receive any papers. If I haven't answered your question, I'd be happy to add details.
2007-02-23 01:30:37 · answer #1 · answered by dh1977 7 · 0⤊ 0⤋
1
2016-06-12 03:10:20 · answer #2 · answered by ? 3 · 0⤊ 0⤋
A misdemeanor usually means fines rather than jail time (hopefully you'll hear from a real law expert in a few minutes). Failure to appear may be more serious--why can't he appear this time? Are you *sure* he did not get the court papers? If he signed for them, then that can be a problem. I only ask because I once had a bf who was a surprisingly good liar about that sort of thing.
2007-02-21 16:39:10 · answer #3 · answered by Vaughn 6 · 0⤊ 0⤋
What kind of evidence was there that he did any of the mischief? They would probably hope for a quick plea bargain rather than have a trial. Was he ordered to appear in court and failed to do so? The friend's Mom is not going to be the word of law, it's a matter of evidence. However if your boyfriend becomes a fugitive from justice ("failure to appear") that is no question of guilt and he would get fined for that. But if they never served papers on him, my guess would be the thing blew over (staute of limitations), he has a right to a trial, but depoending on circumstances, a plea bargain might be quicker and cheaper. Some "friend" by the way.
2007-02-21 16:37:38 · answer #4 · answered by theshadowknows 5 · 0⤊ 0⤋
I am in the state of Texas and in our state if you have a failure to appear, you have a warrant for your arrest for the failure to appear on the charge. If he has bonded out and paid a bondsman the bondsman will be notified of the court date unless he had conditions of bond and he broke them. A misdemeanor charge is usually a fine or up to 180 days to 1 year in the county jail which in the county in which I live with jail over crowding you are given a 3 for 1 . Three days for serving 1 day. He may also be given a probation term for the criminal mischief charge in which he will have to pay supervision fees, court cost, attorney fees, restitution, be given monthly urinalysis in which he has to pay for, plus community service where he goes out and works for free at places that usually have volunteers do the work. It all depends on just how bad of a boy he has been to this point in his life.
2007-02-21 16:45:52 · answer #5 · answered by ? 2 · 0⤊ 0⤋
Criminal Mis
2016-12-10 19:23:38 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I think that if he is honest and remorseful before the judge he will be able to get off on community service. Just make sure when he goes into court he is well dressed, well groomed, polite, and make sure he feels bad about what happened along with his embarrassment and his will to never do it again. Most judges will treat such a person very leniently.
2007-02-21 16:38:28 · answer #7 · answered by Anonymous · 1⤊ 0⤋
It's all up to the Judge (especially in Indiana, ...I'm originally from Indiana). The Judge could do anything from force him to make financial restitution (pay for the stuff he allegedly broke) to locking him up for a year. Best advice is to get an attorney. Remember, if he can't afford one, they have to appoint one for him.
2007-02-21 18:26:41 · answer #8 · answered by CV59StormVet 5 · 0⤊ 0⤋
in case you fail to hunt for a misdemeanor then the crime is a misdemeanor; if the crime s a criminal.......you get my waft. a minimum of this is how this is in my jurisdiction. examine with an attorney.
2016-10-16 05:33:27 · answer #9 · answered by ? 4 · 0⤊ 0⤋
jail time
2007-02-21 16:32:28 · answer #10 · answered by spin free 2 · 1⤊ 0⤋