Home     Links     Contact Us     Bookmark  
 
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law Enforcement & Police

Can i put away for criminal damage?
Find answers to your legal question.





Can i put away for criminal damage?

i was arrested for shouting abuse at a car driver who nearly ran over my wife & i on a crossing and have been arrested for supposedly smacking the car and causing a 6" dent in the back panel with my hand!
a - no bruising !
b - cannot remember smacking the vehicle

i was unfortunately under the influence of alcahol and i am out on bail at the moment !! i have been in trouble before approx 6.5 years ago
for public disorder & criminal damage after my 1st wife left me and no she never left me for that reason!
i have a good job and remarried some good advice please??


    




Julie S
Rating
Any damage to, or destruction of, property by vandalism, graffiti or arson is likely to be a criminal offence under the Criminal Damage Act 1971. The damage does not have to be permanent, for example, it can be caused by graffiti with a washable paint. When deciding on the sentence for an offence of causing criminal damage, the court will take account of the value of the damaged property and the trouble and expense of restoring the property or removing the graffiti.

The Criminal Damage Act 1971 creates two levels of offence, a summary offence and a more serious offence that can be tried either in the magistrates' court or in the Crown Court.

The summary offence triable only by magistrates is limited to damage to property worth less than £5000. The offender can receive a maximum 3 month prison sentence and/or a Level 4 fine. More details about fine levels can be found in the 'Other useful articles' links below.

Higher value criminal damage cases are heard either in the magistrates' court or in the Crown Court. More serious cases in the magistrates' court attract a maximum prison sentence of 6 months and a Level 5 fine. In Crown Court, the maximum penalty for criminal damage is 10 years imprisonment.


FRAGINAL-NOYPI
Gather evidence to prove your innocence and this might be appreciated by the court in your favor.


crispycrump
I don't think they will bother locking you up, but you will probably have to pay costs and damages and do some sort of community service.

Try and lay off the drink!


Jamie B
Rating
i would have hit the car i it nearly ran me over

you did the right thing

they were in the wrong by nearly killing you and your wife

they can't do u

it was the presious car and YOUR LIVES

u did the right thing


LYN W
Rating
I think the first question I would ask is what evidence is there that it was you who put the dent in the car?

are there any witnesses? finger or hand prints?

The dent may have already been there.

Don't admit to anything. Consult a solicitor.

The burden of proof is on the prosecution. Not for you to proove you didn't do it.

Good luck.


Nancy D
Rating
The only good advice I can give you is to start controlling your temper. You have to watch what you do and say to anyone anymore. People will come after you or sue you over anything.


chutney
doubt if you'll got away. Just keep cool, don't lose your rag in court, or when you answer to bail, if you have bail conditions. It's very frustrating not being able to stick up for yourself, unfortunately in this day and age you can't do ANYTHING without someone 'shopping' you. Good luck.


dave
not if your in uk,slapped wrist and fine


simonbeever2000
Rating
You will probally get done for drunk and disorderly, at the worst you will get a fine and maybe a bit of community service, good luck mate, i doubt very much you will be going away


paulrb8
goto court and see it through.. then smack the car owner after the court case!!


dalecollins64
Rating
if you were in the crosswalk go after him have them give him a ticket for not stopping at a cross walk tell him you are going to have him given a ticket for not stopping and see what he says tell him you will drop your gharges if he will drop his and you can pay for his damage to his car and get off charges


old know all
Rating
Get yourself a lawyer. The best approach is to press for criminal charges against the driver, but don't try this on your own.


thunderchild67
Rating
England or Scotland ? As both have different laws on this matter.....In scotland you can be charged with criminal damage court costs a fine and the cost of repairing the car. Englad i am ot sure about but would think about the same. you say you have been in trouble once before Is it not 3 stikes and your out (or in jail really )


John T
Get a good lawyer and get anger counseling (even if you dont feel you need it) before you see a judge. It will look good in court. It can be considered a violation of bail depending on the terms in your state.


pj_gal
I could see it going a couple of ways. Either way you need an attorney.
If you choose to plead not guilty, were there any other witness at the time? If you can prove you didn't do it then you may be found innocent. Also are there any witnesses to the driver trying to hit you and your wife with his car? That will help your case. If you can prove the driver provoked it then the charges may be dropped. Also did the police do a blood alcohol test on the driver as well. If so that may help your case.
If you choose to plead guilty, then I would through my self on the mercy of the court. And hope for a suspended sentence and probation.
Either way you need to show you are a upstanding citizen. And work hard at a good job.
While yelling at the guy may not have been the best solution. The driver should not have tried to hit you and your wife.
Best of luck


lefang
CONTACT the many injury lawers that advertise put a counter claim in against the car driver for the accident, when he struck your hand, ask the police if he can be charged for leaving the scene of an accident.
you were not drunk, but suffering trauma of being refused a drink in the pub, because you had taken a medication that effected your speech, put a claim in aganst the licenssee for the trauma suffered at the hands of the barmaid.
admit nothing,
get your brother in law to break an arm or a couple of fingers thats worth a couple of k.
put a claim in against the police for the trauma of being falsely imprisoned, when you are obviously innocent of all charges.
good luck LF





 Enter Your Message or Comment


User Name:  
User Email:   
Post a comment:




Legal Discussion Forum

 How would you solve the problem of gun crime?
...


 Police officers: I want to show my appreciation to a cop that helped me after an accident, what do you suggest
I was a victim of a hit and run today in Denver, CO and the police officer that came to help me was so kind to me! Do you know what would be the best way to share my appreciation for his kindness? S...


 Has a cop ever been this nice?
Last night I was clocked 58 in a 40. When the officer told me this I didn't disagree but i didn't think i was over 18 mph. He started talking to me and then told me if I took a field of ...


 Should I get a firearm?
Accord to this incident: http://answers.yahoo.com
It has really make me seriously consider my safety. I've ...


 Do you wish you were a cop so you could ruin people's day?
Many policemen give tickets like pancakes. How do they sleep at night?

No snide remarks, please...I really want to know.
....


 Is everyone having guns, the answer?
...


 How much do police officers make a year?
...


 My friend sometimes calls 911 for no reason, and he said that he cant help it..?
he said that his mind keeps on telling him to call call and call. any advice?
Additional Details
he didnt call alot he only call ed 2 times......


 Can I sue noisy neighbors for spying me for being being against the Iraq war?
Any Law advise on if my civil rights be violated or not?...


 My complaint about the police has been ignored - what can I do now?
I had a complaint against the police last year (they kicked my door down at 3am - they'd gone to the wrong street).

My MP wrote several times to the police on my behalf but all he ...


 Is it possible for this case to be DISMISSED?
I have a friend who committed identity theft with this girl in her class (she is in college)..she got arrested for buying books for 405 dollars. She hired a lawyer, and he said he could probably get ...


 Is it better to take a Breathalyzer test or not?
If you're actually drunk then I guess it's better to...
...but what if you've had alcohol and you're underage but you're not yet drunk...just had enough for it to show ...


 I received a speeding ticket in Iowa, but I don't want to pay it.?
I'm from Minnesota, will the state know about it? I realize that I would be in trouble if I went back to Iowa and got pulled over, but I don't plan on that. If all they did was essentially ...


 For law enforcement or attorneys - is this vehicle theft?
A "friend" of mine asked to borrow my car for a specific amount of time and purpose. His intension, however, was to take my car and not give it back. I didn't know when I lent him ...


 Fake name on a ticket for drinking.
So I went to a party and was on my way home when a cop stopped us. I'm only 16 years old and was with my boyfriend and two friends. They got me for underage drinking and I was an idiot and gave ...


 Can i find out online if im wanted by the police in the uk.?
...


 Is it an offence to pose as a police officer if you are only a special?
...


 About 8 weeks ago my neighbour was brought home by plain clothed police and removed things from his?
home ,then the police took his keys and gave them to a neighbour. He then drove away.He is now back (6 wks on) but parks his car out of sight.Can anyone tell me why this could be,he has a history of ...


 Can you be a police officer if you have been diagnosed with Bipolar disorder?
Supposing, that is, that the bipolar individual is properly stabalized on medications and regularly evaluated by a psychiatrist....


 Is it illegal to ask for an identification card when a customer uses their credit card to purchase their items?
I'm an employee at a retail store. Our store policy is to ALWAYS ask for identification if the customer wishes to use their credit card to make sure they're not using any but their own. R...




Copyright (c) 2009-2011 Wiki Law 3k Monday, May 28, 2012 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links
0.044