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Ask TexCrimLawyer, J.D. Your Own Question
TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 4816
Experience:  Experienced in state and federal criminal litigation.
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my 13 (now 14 yr.) old damaged a fence (fooling around with

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my 13 (now 14 yr.) old damaged a fence (fooling around with 3 other kids), fence is approx. 50 ft. long and was damaged (bend pole) before, town wants them to replace the whole fence even though they only damaged about 5 feet of it. They only got one quote to fix it and sheriff wants to arrest my son if we dont pay for the whole fence because the amount to fix it is over $ 500.--. The part that my son broke is less then 100 to fix. Can he be arrested and do we have to pay for the whole fence

TexCrimLawyer, J.D. :

Good afternoon. I'll be assisting you with your question.

TexCrimLawyer, J.D. :

Did he intentionally damage the fence?

Customer:

they were fooling around, i guess you could call it intentionally. They didnt think it would break

Customer:

The fence was damaged before, broken, 15 years old and a pole was bend from a snow plow backing into it. The most expensive part to fix the fence would be that bend pole. We are willing to fix the damage that our son did, but the town board wants a completely new fence

TexCrimLawyer, J.D. :

OK. If they intentionally damaged the fence, they could be arrested. The question then becomes what they are responsible for.

Customer:

yes, the sheriff basically told us if we fight and dont pay for the new fence he would arrest them

TexCrimLawyer, J.D. :

From what you've described, it sounds like the sheriff is trying to do something unethical, that is, make him pay for something he didn't do just to avoid being arrested. It's bordering on extortion.

TexCrimLawyer, J.D. :

That said, you have to decide how you want to deal with it. You can pay and make it go away or refuse to pay for what he didn't do and run the risk of being arrested, but only pay for his damage.

Customer:

I feel to that we should have more then one quote for repairing the fence. Which they are not repairing, they want a whole new fence, all the kids broke is actually fixed already, all it needed was wiring the inner part back up


 

TexCrimLawyer, J.D. :

While it is good business to get multiple quotes, there is no law requiring it on low cost repairs like that.

Customer:

We are trying to work out a compromise with the town (like we pay for 1/3 and they pay for 2/3 if they want a new fence or are we totally in the wrong? They tell us they cant work anything out its up to the sheriff and he tells us to talk to the town, i am very confused


 

TexCrimLawyer, J.D. :

What you are doing is not wrong. In my opinion, you will be well served to try as hard as you can to work something out. If your son is arrested, it is going to cost you more than a few hundred dollars in attorney's fees, fines, and your time.

Customer:

Thank you for your time. I will try to work something out at the town board meeting tonight, the sheriff will although be present and maybe we can come to a solution that is best for both sides.

TexCrimLawyer, J.D. :

Glad to help. I think you will save yourself money and headaches down the road if you do.

TexCrimLawyer, J.D. :

Can I help you with anything else?

Customer:

Thank you i think thats it

TexCrimLawyer, J.D. :

Great. If I've answered your question, please remember to "rate" my answer. Good luck to you and your son.

TexCrimLawyer, J.D. :

If you have any questions in the future, you can direct them to my by putting "this question is for TexLawyer" in the title.

TexCrimLawyer, J.D. and 2 other Criminal Law Specialists are ready to help you