Legal Question in Criminal Law in Florida

Re: Criminal Mischief

What is your question?

Re: Criminal Mischief

Hello: I assume you are asking if you can fight the demand for you to pay the full amount of restitution. I don't know if you have entered a plea to the charge. If you have entered a plea, the Court will either order you to pay restitution or have a hearing at a later date (not more than 60 days away) to determine the amount.

If you haven't entered a plea, you can demand a trial. If the State has a good case, that may not be wise. If the State does not have a good case, you should demand a trial. The state may drop the charge as the trial date gets near or on the day of trial. You could make the argument to the State (before trial) that you will plead to the charge for the sentence of a withhold of adjudication of guilt (not a conviction) and only ordered to pay court costs. Tell the State to leave off restitution for a civil suit...that way any liability can be apportioned between the parties on the basis of fault.

If my office can be of assistance, please give us a call. Tom Rosenblum