Property Invasion, Damages, Trespass Graffiti

[justagurl530]

The facts:

Arrested in NYC (Brooklyn) in May for criminal mischief. (Caught making graffiti) Plea bargain was to plead guilty to disorderly conduct with a conditional discharge, a few days community service to be completed before the end of July. Completed first day already, and next 2 are scheduled for next weekend.

Arrested again this past weekend for the same activity, but in Manhattan. Making and possessing graffiti instruments. ROR'd until court date.

Public defender said it would most likely be more community service. Especially since the original sentence from Brooklyn will be completed next weekend.

best/worst case scenario? do the original charges get brought back up now?

 

[Antigone]

The facts:

Arrested in NYC (Brooklyn) in May for criminal mischief. (Caught making graffiti) Plea bargain was to plead guilty to disorderly conduct with a conditional discharge, a few days community service to be completed before the end of July. Completed first day already, and next 2 are scheduled for next weekend.

Arrested again this past weekend for the same activity, but in Manhattan. Making and possessing graffiti instruments. ROR'd until court date.

Public defender said it would most likely be more community service. Especially since the original sentence from Brooklyn will be completed next weekend.

best/worst case scenario? do the original charges get brought back up now?

You can certainlky bet the the original charges will be brought back up. I hope the judge discpilines you are harshly as legally possible.

Didn't you learn the first time. It is so sad that you think so little of other people's possessions that you must defact them.

In cases like yours I wish an-eye-for-an-eye justrice existed.

 

[justagurl530]

I was not the one arrested. I am simply looking for LEGAL advice for someone in the situation, not your opinion of the crime that I didn't even commit.

 

[mightymoose]

The second offense will certainly bring a stiffer penalty, especially considering how recent the second offense is to the sentencing of the first. The offender obviously did not learn a lesson and has shown contempt for the judge and the prosecutor that cut a break last time.
If the damage is valued over a certain amount the offense can be charged as a felony. I suspect this is likely only misdemeanor though.

The original charge and the current one will likely be handled as misdemeanor vandalism with other associated graffiti charges, and there will likely be an extended period of probation. A violation of the probation terms would lead to jail time.

Whoever committed the offense has shown the court no remorse for the initial actions, but has shown an intent to continue the destructive behavior. It is still a relatively minor offense, but I would expect them to nail the person as hard as they can with it this time.

 

[justagurl530]

Thanks for your input!!