Can I still be charged for criminal mischief even after I paid the damages?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I still be charged for criminal mischief even after I paid the damages?
I went out and had too many drinks. I was very intoxicated. The father of my child decided to
kick me out of his home that night. He had my car keys and told me to sleep outside because I was drunk. Well, that obviously upsetted me. I broke his front door with a shovel and made a huge hole in it. Of course, he called the police and I was arrested. I went to jail, booked and released hours later. I went back the following week for court hearing and I was told there are no charges against me and I was free to go. His landlord gave me a bill for the door I broke, which was $282, including labor. I paid in cash the full amount. A year later, I found out I have a warrant for my arrest Criminal mischief 2 but I already paid for the damages that I caused. The father of my child and I were
getting along well for our daughter, however I came to find out that he is doing this because he wants to win custody of our daughter. It’s a huge mess. What can I do about it? Can I be charged and pay again?
Asked on March 30, 2019 under Criminal Law, Oregon
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Tje fact is that you committed a criminal act, so paying for the resulting damages does not absolve you of the crime. That having been said, the fact that you paid may well be veiwed favotably by the court which can take this into account when imposing your sentence.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, you can be charged. Paying for the damage you do does not undo the criminal act you committed: vandalizing or destroying another's property. You cannot be absolved from a crime by paying for the damage; the criminal justice system is separate from any civil claims for compensation against you. So having paid for the door, while something the proscecutor or judge will likely take into account in your favor, does not prevent charges, or being fined or imprisoned (possible, but unlikely) for the crime)
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.