Legal Question in Criminal Law in New York

Criminal Mischief Arrest

I was arrested for criminal mischief, 4th degree. What happened was i was playing pool and after taking a shot my pool stick went up too high and broke a flourescent bulb in a lamp hanging above. Needless to say it was an accident. However before I had a chance to explain that to the bartender running the show, he came from behind me and threw me in a choke hold and tossed me outside, which to no suprise the police weren't there no more than 2 minutes later. The bartenders report was that I "intentionally and knowingly" did it. I have 2 witnesses who saw the whole thing and know it was an accident, plus I do plan on paying for it before my next court date (they adjourned so I could apply for a public defender). So if I can get the 2 witnesses to sign statements stating that it was an accident, will it help my case? Plus will paying for it before my next court date help me too? I just could do without a misdemeanor for something so rediculous, trying to get into college so I'm a bit worried


Asked on 4/27/10, 9:48 am

2 Answers from Attorneys
Stuart Austin Austin Law Associates, PC

The two witnesses should help. Also, you should consult with your lawyer before paying for the damage.

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Answered on 5/02/10, 12:39 pm
Joel Salinger Law Office of Joel R. Salinger

You would be better off getting your own lawyer then getting a public defender in this matter. Paying restitution will help. You need to get sworn statements from the two witnesses in the form of affidavits. This should be plead down to an ACOD or at the very least, a Disorderly Conduct.

Good Luck.

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Answered on 5/02/10, 1:41 pm


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