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Question

I WAS CHARGED WITH INJURY TO REAL PROPERTY. NO DAMAGE IS VISIBLE.IF I PLEAD NOT QUILTY WILL THE JUDGE MAKE A DECSION BASED ON POLICE OFFICER,PICTURES OR DOES IT GO TO COURT. I AM IN NORTH CAROLINA

Submitted: 29 days and 5 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Optional Information

State/Country relating to Question: North Carolina

Already Tried:
TRIED TALKING TO POLICE BUT HE HAS BEEN OFF DUTY. CALLED CLERK OF COURTS. NOT MUCH HELP

Accepted Answer

Hello XXXXXX,

This will go to court either way, unless this is a ticketable offense. If you plead not guilty, then it will go to trial and the prosecutor will have to prove that there was damage, you caused it, and you did it intentionally or with willful disregard to the consequences of your actions. You don't have to disprove that you did it, but if the evidence points to you, you can put on your own defense, including testimony, documentary evidence (like pictures), and statements of your own witnesses. You also have right to counsel, and if you cannot afford an attorney the judge will appoint an attorney to represent you.

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Expert: MarshaDJD
Pos. Feedback: 99.2 %
Accepts: 
Answered: 10/24/2009

Attorney

FL & OK Attorney, 23 yrs exp in military, criminal, constitutional, employment, insurance & gen.prac

29 days and 5 hours ago.

Reply

I GO TO COURT MONDAY. I WAS INFORMED IF I PLEAD GUILTY OR NO CONTEST I WILL PAY COURT COST,FINE IF JUDGE IMPOSES ONE AND RESTITUTION. DOES THE OTHER PARTY HAVE TO SHOW DAMAGE TO GET RESTITUTION?WOULD LACK OF EVIDENCE LEAD TO DISMISSAL OF CHARGES. THE POLICE OFFICER WAS GOING TO RELEASE ME BUT THE OCCUPANT SAID SOMETHING TO HIM AND HE CHANGED HIS MIND AND TOOK ME IN. ALSO ISSUED A STAY AWAY CITATION.

Posted by MarshaDJD 29 days and 5 hours ago.

Answer

Hello again,

If you plead guilty or no contest, the judge will likely fine you and order you to pay restitution to the amount that the other party submits. If you plead not guilty then everything has to be proved, including the amount of any damages. If the amount isn't established, then the judge can't order restitution.

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