vandalism 5000 or more

UPDATED: Sep 30, 2022

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vandalism 5000 or more

I had my son arrested for vandalism to my truck stereo and passanger mirror, he is out of jail now and has told me he will pay for the damage can I have the courts drop the charges on him since he has agreed to pay for the damages or should I just not come to court so it gets thrown out

Asked on June 1, 2016 under Criminal Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

First, you can ask them to drop the charges, and they very well may agree to do so, since vandalism is, comparatively speaking, a minor crime affecting only property, so if the victim doesn't want it prosecuted, the authorities will generally go along with that. However, be aware that they are not required to drop the charges: once you put the criminal process in motion, it is out of your control and under the control of the prosecutor's office, which could choose to prosecute over your objections.
If you don't show for trial, they may dismiss; or they may adjourn the case to a later date and subpoena you to appear. If you are subpoenaed and fail to appear, you will be subject to punishment, including potentially jail time.
If you do work things out with your son, get his agreement to pay in writing, with a specific payment schedule, so you can enforce it (e.g. sue him for breach of contract) if necessary.

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 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.

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