How New Canaan Authorities Handle Criminal Mischief
If you were accused of damaging someone else’s property, you could face serious penalties. Contact a top defense attorney for help understanding how New Canaan authorities handle criminal mischief cases.
How Do Prosecutors Approach a Criminal Mischief Case?
Prosecutors typically handle criminal mischief cases by reaching out to the alleged victims in the case to learn:
- What the damage is
- If they have any out-of-pocket expenses
- What their stance is on the case
The prosecutor will also review any evidence that the police provided, including the police reports and any photographs or items in evidence.
If the defendant has prior convictions on similar charges, prosecutors often take the case even more seriously. Subsequent charges indicate a pattern of behavior by the defendant, and sometimes the prosecutor will be unwilling to drop the case or negotiate a plea deal if they see prior convictions. They often want to take the case to trial and prove it in front of the jury.
Will Prosecutors Request that the Defendant Pay Restitution?
Yes, a prosecutor will typically request that the defendant pay restitution for any damage that they caused. This can have an enormous impact on someone’s life because most of the time the damage is expensive. Many defendants simply do not have the funds needed to pay off the damages upfront. The prosecutor’s request also means that the case will not be resolved until the restitution is completed. This means a case will be pending for longer.
Are Diversionary Programs Available?
There is one diversionary program available in New Canaan called Accelerated Rehabilitation (“AR”). This diversionary program is granted by the court and allows the person to have their charges dismissed after a probationary period. To be eligible for AR, the defendant must not have used the program in the past and must not have certain conviction on their record.
The judge has the discretion when granting this program to put certain conditions on the defendant. In order for them to successfully complete the program, these possible conditions must be met:
- Counseling
- Mental health evaluation and treatment
- Alcohol and substance abuse evaluation and treatment
- Restitution for the damage done to the property
- Community service
- Any other condition that the judge sees fit
Typically, in criminal mischief cases, someone may have been under the influence of drugs or alcohol when they committed the crime. In these cases, evaluation and treatment would be likely conditions of the AR program.
Consult with a New Canaan Criminal Mischief Attorney
If you were charged with criminal mischief, it is in your best interest to contact an attorney as soon as possible. New Canaan authorities take criminal mischief charges seriously, and even a misdemeanor conviction will create a criminal record that could follow you for life. Contact an attorney at Mark Sherman Law for help fighting for a positive resolution to your charges.