Legal Question in Criminal Law in Illinois

Property Damage

First, thank you for your time as I appreciate any help you may provide. I was at a casino where I unfortunately decided to slide down a handrail, for which, when I did the hand rail became dislodged causing damamge to it. No major damage was done, yet I was arrested for property damamge. I am planning to write a letter of apology and offer to pay for the damages, but I am afraid of now being marked a criminal for this accident. I was very cooperative with securuty and police, and offered to pay for the damages that night. I was not under the influence of alcohol, nor did I have any criminal intent in damaging the rail. My court date is 12/22 and I am uncertain whether or not I need lawyer representation for my hearing. I would like to just pay for my mistake, without having a record, as I have a clean record now. Again, thanks for your time and any suggestions.


Asked on 12/05/03, 6:55 pm

2 Answers from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: Property Damage

A lawyer can always negotiate for you if that is necessary. Criminal acts are criminal acts and it's up to you whether you want to risk not getting the result you want based on inexperience or specnding a little bit of money on an attorney. It's really your call.

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Answered on 12/10/03, 9:59 am
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Property Damage

Your post does not state where you must appear in court. In order to provide advice regarding your specific situation, an attorney would need to know what court, exactly what charge, and several other facts. However, I can tell you that I regularly advise my clients that it is never a good idea to appear in court unrepresented when you are charged with a criminal offense. Property damage such as you describe may not seem to be that big of a deal, but if you plead guilty or are found guilty you will have a conviction on your record that may have serious adverse consequences for you in many different ways in the future. It would be well worth paying an attorney to represent you in order to either defend the charge against you (since it was basically an accident and not an intentional act), or negotiate a plea bargain which will avoid the conviction on your record. I have done hundreds of such cases over the twenty-five years I have been practicing. If you are located in the Eastern part of the state you may call me for a free telephone consultation at 314-727-2822.

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Answered on 12/05/03, 11:05 pm


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