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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 17109
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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i destroyed snow plower of mine landlord,as revenge of giving

Customer Question

i destroyed snow plower of mine landlord,as revenge of giving away my work tools to smbdy.(because ive moved out )what type of case this would be if she goes calls police,what charges she can press and what consequences i might face,what type of lawyer should i talk(criminal?)
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 3 years ago.
Hello Jacustomer,

What you have done -- intentionally destroying someone else's property -- is a criminal offense. In most states it is called Criminal Mischief and whether it is a misdmeanor or a felony depends upon the value of the property you destroyed. It is not a defense that you believe she gave your tools away. You could have reported her to the police instead, and she would be the one in possible trouble. But you didn't and it's too late now.

If the police call you to ask about the snow plow, you should not talk to them. You should not talk to your former landlord about the snow plow either. In fact the only one you should talk to about this is a criminal lawyer. You won't need to hire one unless the police start bothering you wanting you to talk to them about it. Then just tell them that you want to speak to a lawyer first and get off of the phone and start looking for a criminal lawyer.

If you are a suspect in a crime you never have to give information against yourself to the police. You have a constitutional right to keep silent, because once you talk to the police, it can all be used against you.

If you wanted to get some names of criminal lawyers and didn't know where to start you can try your state Bar Association's Legal REferral Service. They charge $50 for the referral, but in includes a free half hour consultation with the lawyer. And you don't have to hire the lawyer afterwards unless you wish to..





Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 17109
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 8 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
what possible penalty is for that .i want to talk to her pay for new but iam affraid she refuse.what usually happens in cases like this and what would be the worst scenario
Expert:  Zoey_ JD replied 3 years ago.
Jacustomer,

The worst case is that you talk to her and even though you offer to pay her she can still have you arrested. That's why the only person you should talk to now is a lawyer. Let him call her if he thinks that will help you.

If you tell me what state you live in and what you think a new snow plow will cost, I can tell you what the possible sentence range will be.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 17109
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 8 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
milltown,nj new plow is about 1000-1200dol
Expert:  Zoey_ JD replied 3 years ago.
Here's the NJ statute.

NJ Criminal Mischief: 4th Degree Offense Penalties

Criminal mischief can be charged as a 4th degree offense under the following circumstances:

If the act knowingly causes loss of between $500 and $2,000, If it involves damaging, removing, or impairing such air traffic devices as lights, signs, and signals, or If it involves tampering with any airport, landing field, airport, or aviation facility.

4th degree crimes carry a potential prison sentence of up to 18 months.

Since this is a non-violent offense, you are probably looking at nothing worse than probation. Jail is unlikely but it is not impossible. And, of course you would be required to pay for a new plow.



Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 17109
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 8 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
iam in a process of renewal of my green card.can my application be denied because of this situation?
Customer: replied 3 years ago.
i didn get answer for my green card status
Expert:  Zoey_ JD replied 3 years ago.
Jacustomer,

You have to give me time to look up the law and type. I am sorry for the delay.

So far, you don't even know that you are going to get arrested for this. Your landlord may or may not ever bother with you and she would not necessarily have proof that you were the one who destroyed this. If you didn't talk to the police and admit it, they may not have enough evidence to arrest you.

BUT if you do get arrested, you would want to make very sure that your lawyer knew that you are looking to renew your green card. Because this would probably be a crime of moral turpitude, and it also could be an aggravated felony depending on whether they were going by the value of the one you destroyed or the value of a replacement.

However, if your lawyer knows about this, he can work out something that won't compromise your status in this country.
Customer: replied 3 years ago.
sorry for rush,i wasnt sure if i do everything correct.thank u for help.
Expert:  Zoey_ JD replied 3 years ago.
Hi,

You did everything just fine. Have a good holiday weekend!

Customer: replied 3 years ago.
i probably repeat myself but if i buy new plower or give her money and she takes that,can she change her mind and still go to police?
Expert:  Zoey_ JD replied 3 years ago.
Hello,

Yes. Even if you pay her back the money or buy her a new plow, what you did was also illegal. So even after she gets the plow or the money if she wants to, she can still go to the police and the state will probably prosecute.

Obviously, if you can settle this without her going to the police, this would not affect your green card. I don't know your relationship with her and whether she'd be reasonable or not if you offered to pay. But by admitting to her that you did the damage, that could be used against you in criminal court. And that may mean that in court, your lawyer would lose some of his ability to bargain with the prosecutor to lower this crime to a disorderly person's offense.

Customer: replied 3 years ago.
i work for big company and they do background check once a year.if case go to court and i get probation that will be shown in my history and disqualify me,is that right?
Expert:  Zoey_ JD replied 3 years ago.
Hi,

If you are convicted of a criminal offense, yes, it would turn up on a background check, regardless of what sentence you got.

Customer: replied 3 years ago.
jesus,looks like i have no choice,can i have like private consultation so i could explain more details and what would be the charge?i really cannot loose this job.this would mean end of being here
Expert:  Zoey_ JD replied 3 years ago.
Hi,

The fact that you are not a citizen makes this situation more dangerous for you than it would be for someone else. You are in a potentially tough spot no matter which way you turn. So you should talk to a local NJ lawyer who knows his or her criminal and immigration law.

Experts here at JustAnswer cannot represent customers. It is not allowed by JustAnswer's terms of service. We can only give legal information and must do that here on this site. But if you wanted to find someone in NJ who you could consult with and didn't know where to start, you could call the New Jersey State Bar Association's Lawyer Referral Service. They prescreen their lawyers, and they guarantee to refer their customers to an active member of the state bar in good professional standing. Their fee is around $50 but it includes a free half hour consultation. You would not have to hire the lawyer yet, as there is no case against you. But you could give him the whole picture in private and see which way he feels would be the least damaging way for you to proceed.



Customer: replied 3 years ago.
THANK U FOR THIS IMPORTANT INFORMATION.AND IAM GONNA REFER THIS SITE TO EVERYBODY.GOOD NIGHT
Expert:  Zoey_ JD replied 3 years ago.
Thank you too! I wish you good luck with this matter.

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17109 Satisfied Customers
Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.