Legal Question in Criminal Law in Michigan

Criminal Charges

My daughter a MSU student is

alleged to have pepper sprayed her

roommates's sofa. Her roommate is

pressing charges. She was called to

the police station and talked to by

a police detective who said my

daughter will receive paperwork in

the mail. I have offered to replace

the sofa but my daughter's

roommate is pressing charges.

What is the worst that can happen

and do I need to hire an attorney?


Asked on 12/03/08, 5:08 pm

2 Answers from Attorneys

Re: Criminal Charges

If your daughter is facing criminal charges, of course you should have a lawyer fight for her. A criminal record could ruin her future. We would be pleased to set a meeting in our Lansing office to discuss this case with you and with your daughter. You can reach us at 1 866.766.5245.

For more information, go to:

www.AggressiveCriminalDefense.com

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Answered on 12/03/08, 5:12 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Criminal Charges

The likely/possible charges would be in the area of "malicious destruction of personal property". Like many other property crimes, there are several levels of misdemeanors and felonies, depending on the value of the damage. Usually, if the damage is under $1,000, it's a misdemeanor.

If she was between 17 and 20 yrs old when the incident happened, she may be eligible for HYTA status, which would put her on probation and give the court authority to dismiss the charge if she successfully completed probation. (Read more about the Holmes Youthful Trainee Act on the Legal Definions page at www.prosecutingattorney.info .)

If she is charged, she should either ask for an appointed attorney at the arraignment, or hire an attorney. Here eligiblity for HYTA does not depend on her having an attorney, BUT .... if she had an attorney, that counsel could help her negotiate with the prosecutor, file for HYTA, advocate for it before the judge, etc.

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Answered on 12/04/08, 8:33 am


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