Will I spend time in jail for a Criminal Mischief 3 offense?
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Will I spend time in jail for a Criminal Mischief 3 offense?
I spit on a police car. I was very intoxicated at the time and I know that is no excuse but I don’t remember the incident at all. I have asked for a lawyer; I am on unemployment and only make $400 a month. Will I be eligible for one? I just want to know what I am up against here; it is my first offense and I am scared. I spent 1 night in jail and I am on bail now. I would do anything they want as long as I don’t have to go back to jail.
Asked on December 18, 2010 under Criminal Law, Oregon
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
First of all, each jurisdiction has its own income requirements regarding a defendant's eligibility for being appointed a Public Defender (PD). However, $400 a month would qualify you in most places. So, you should be appointed one. However, if not, see if you qualify for representation Legal Aid (there are income limits as well but possibly different than those for a PD). Also, check if there is a law school nearby to where you where arrested; they typically run free/low cost clinics that handle these type cases. Finally, you can contact the local Bar Association in county in which the proceedings will take place; they may have a list of attorneys who will take your case "pro bono" (for free) or at least for a reduced fee based on your income/circumstances.
As for the charge, Criminal Mischief 3, this is a misdemeanor. Since this is your first-offense, your attorney may be able to get you some form of alternative sentencing (special probation after which, if successfully completed, the charges against you are dropped and your case is dismissed). In other words, no jail time.
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