Legal Question in Criminal Law in California

I threw a small rock through my neighbor's window on August 5, 2024 and it left a small hole, not breaking the window. I have a court date on October 7, 2024 for vandalism. My neighbor said they will waive the charges if I get counseling, and my dad agreed to pay for the damages. I also know in California if a window repair is under $400 it is a misdemeanor and if it is over $400 it is a felony. My dad is trying to get the repair under $400. I have decided to get counseling and I am currently enrolled in counseling sessions. My counselor recommended trying to get my case transferred to mental health court on my court date because this issue stemmed from me trying and being off of marijuana and tobacco voluntarily prior to this incident. She also recommended getting a psychological assessment, a Treatment Status Report, and records of a: sponser, dates attended, and mens group for Marijuana Anonymous for my court date. I passed a drug test for marijuana on August 8, 2024 and I will continue to stay off of marijuana.

Should my dad approach the neighbors on getting the window fixed? The window is not fixed yet. Is there anything more I can do to get these charges dropped? Thank you.


Asked on 8/17/24, 1:58 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

The proper answer to your questions and concerns is - get a good criminal defense attorney.

You are instead asking for free specific legal advice from strangers on the web who do not know all the facts and issues in your case. That is the job of your own attorney, to analysis what can and should be done.

With that said, the decision to 'drop' criminal charges is only made by the prosecuting DA if he determines it is 'in the interests of justice'. When a counselor reports to the DA and court that your case needs to be processed at the Mental Health court, not 'dropped', the DA is not likely to ignore that warning. Plus, it appears you haven't taken 'responsibility' for your actions and attitude, as the window is not repaired and the neighbor's claims have not been 'satisfied'. Your attorney will need to counsel and educate you on the laws and its consequences, and a mental health Court will need to educate you on your attitudes and behaviors that caused this issue.

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Answered on 8/19/24, 11:36 am


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