Will I spend time in jail for a Criminal Mischief 3 offense?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

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 11 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption