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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27758
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My name is warren iam 37 years old I was charge with

Customer Question

Hi my name is ***** ***** 37 years old I was charge with criminal mischief 4th degree PL(###) ###-#### ***** a first time offender. a little about my self iam a foster parent I just receive kinapp for two children ages 3 and 7. iam in the process of trying to adopt. The person had bump into my car sevral times left small cracks and scrathes on it I ask him for his insurance card and he refuse his wife came out and assaulted myself and my wife. we reframe hitting her cause she had child in her hand the so I kick his car and left a dent on it. its a 1998 nissian Altima. the cops gave them my insurane card and took pics of the dent but not my damage. Will I go to jail can I get an acd at DAT COURT APPARANCE. Also what shouold i bring as for as paper work.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

My name is ***** ***** I am a New York criminal defense lawyer.

You've been charged with a class A misdemeanor for damage to the complainant's vehicle. This has a maximum possible penalty of a year in jail. The DA may consider knocking it down to a B misdemeanor or even to a violation with restitution to the complainant for the value of the damage, unless your insurance paid out the complainant.

The odds of an ACD, in my experience are not good, as DA's don't like coming down more than one level for purposes of a disposition. You can try, but even the dis con may have to be negotiated.

You're not going to go to jail for this. But there's more to worry about than just jail, because if you are convicted of a misdemeanor, New York does not expunge convictions, so you'll end up with a criminal record. You certainly don't want to be convicted of a misdmeanor if you're trying to adopt two children.

For that reason, you're best off showing up with a criminal lawyer for the best chance of keeping this off of your record. What you may want to do is to bring pictures of the damage to your own car, so that your lawyer understands the bigger picture and can push for the ACD.