What to do if I was arrested on probable cause of malicious mischief – property damage 3rd degree?

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What to do if I was arrested on probable cause of malicious mischief – property damage 3rd degree?

Is it possible to have the charges dropped if the individual whose property I allegedly damaged provided testimony that I have provided retribution for their damage costs?

Asked on November 13, 2012 under Criminal Law, Washington

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The decision to accept or drop charges will be up to the prosecutor assigned to handle your case.  They can, and often do, take into consideration the wishes of the victim.  So, if the victim feels as though they have been made whole and no longer want to pursue charges, then the prosecutor can honor that request.  However, if a defendant has had issues, the prosecutor can decline to drop the charges and keep moving forward. 

If you want a chance at getting them dropped, then the information you have regarding the damages and retribution needs to get to the prosecutor.  You might be tempted to visit with the prosecutor yourself, however, keep in mind that everything you tell the prosecutor could be potentially used as an admission against you later.  Even if you don't hire an attorney to conduct a criminal trial, considering retaining an attorney for the limited purpose of communicating your retribution information. This will keep you from having to make personally, damaging admission to the other side.


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