Legal Question in Criminal Law in Texas

Juvenile Criminal Mischief

5 teenages in a car stopped by police for a illegal lane change. In the car was 2 cartons of eggs. Near by neighborhood 3 cars had been hit by eggs. All 5 were given criminal mischief tickets. The two teens in the front seat 1 was 16 yr the other 17 threw the eggs. The 3 in back seat age's 14,14, and 15 years did not. Are the 3 that did not throw the eggs guilty. There are no witness. The police did not ask who threw the eggs just wrote them all tickets.


Asked on 3/23/06, 10:04 pm

1 Answer from Attorneys
Marc Pederson Pederson Law Office

Re: Juvenile Criminal Mischief

Based on your facts, it appears that a few factors may affect the outcome. First, how did the police find the eggs? Did they search the car? If so, did the driver give consent? Even if "consent" was given, an argument could possibly be made that the consent was invalid, which could invalidate the evidence found.

Those factors aside, the three kids in the back seat would be guilty if they participated in planning the "eggfest" or gave encouragement to those who actually threw the eggs. Of course, the prosecutor would have the burden of proving they were involved. Thus, it is very important that the kids make no statements to police.

I have only touched upon a couple of things that could affect the case, based on the facts you wrote. I would recommend, however, that each person charged retain their own lawyer. The "back seat kids" should definitely have a different lawyer than the ones who threw the eggs, since it may be a conflict of interest for a lawyer to represent all five.

Good luck, and tell the kids to be "egg-stra" careful in the future (bad joke).

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Answered on 3/24/06, 8:07 am


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