Legal Question in Criminal Law in Pennsylvania

Deflation Cont

I don't think the owner has to be the one to press charges on a charge of criminal mischief. You may have something of an argument with restitution if you are found guilty but for $110.00 you are better off simply paying your friend and asking him to drop the charges. It is going to cost you three times that much and maybe more for an attorney.

2 Things wrong with that.

1. The original demand was for me to apologize and replace the tire, I agreed to both and they agreed to accept. They then decided to press the charges.

SECOND

My friend was the one who paid to have these charges filed.

If it doesnt matter who files for charges, what is to stop say you, or any random person for pressing these charges? Or a passenger riding in the vehicle this happened in (no passengers) Does a realative of his have the right to file for these charges? etc etc

From what the officers have told me,

1.you are responsible for the vehichle as soon as the key is in the ignition.

2. The owner must be the one to press file for charges to be pressed, otherwise ANYONE could file and get as much money that they desire.

Thanks for looking


Asked on 1/18/08, 6:31 pm

1 Answer from Attorneys
John Gibson John W. Gibson, Esquire

Re: Deflation Cont

Well, the fact that you had something worked out and the other side backed out may help you in Court.

If your friend paid to have charges filed, then this is not criminal, it is civil. If it is civil, then you are right, your friend would not have standing unless he reimbursed the owner for the damage and was seeking to recover what he paid the owner.

Finally, I stand by my answer. If the charge is criminal mischief, the owner does not have to be the complaining witness.

Read more
Answered on 1/19/08, 10:52 am


Related Questions & Answers

More Criminal Law questions and answers in Pennsylvania