Property Invasion, Damages, Trespass What are the chances of going to Jail for This Misdemeanor?

[kidkreuger]

I was driving around with my friends in a suburban area. We hit three sets of trash cans with our car and set off a dry ice bomb. We got pulled over, booked etc. i personally received a misdemeanor citation for a 12303 (possession of a destructive device) and 592 (a)(2) vandalism for damage to property under 400$. We were cooperative, owned up to it, and actually made the cops laugh a bit. We have a court date in December but I'm trying to get it sooner. This is the first offense for all of us, what are the chances that we will get jail time? share stories, answers. etc.

 

[raskalnikov]

How old are you?

What is a dry ice bomb?

It's impossible to know, as Judges and their temperments vary wildly. If you're just a bunch of high school kids doing this, I suspect you'll have to make restitution, write apology notes, and do some kind of community service. The Judge will likely give you a stern lecture as well.

How destructive is the dry ice bomb? If it's like a Macgyver bomb, then what you are facing may be much more severe. Laws against "bombs" are much more severe than most people would expect.

What kind of bond did you have to post? P.R.?

 

[kidkreuger]

I am just out of high school, 18 years old. There was no bail or what not, they simply brought us in, processed us, wrote a citation and let us go. A dry ice bomb involves no igniter. It is simply putting dry ice into a soda bottle, as the gas expands it causes the bottle to explode, no fire, just CO2. we do it in chemistry all the time.

Also: Can i Call the police department or court office and hear the specific charges against me? (like how many trash cans i have bee charged with damaging and such) or will that somehow get me in more trouble? is this really something that i need a lawyer for? Ive checked many sources and they all say it would be ridiculous to go to jail for this.

This was at 2:30 ish on a Wednesday morning, so no one was hurt or terrorized or anything.

 

[raskalnikov]

Your dry ice bomb sounds like a Macgyver bomb. You should be safe and get an attorney. Where I live, Macgyver bomb is a felony. The police may not think much of it, but you never know if the prosecutor and Judge take it much more seriously.

 

[kidkreuger]

A Macgyver bomb has to do with dangerous chemicals mixing into a reaction, whereas a dry ice bomb is is just gas expanding, like a glorified balloon. I don't want to have to tell my parents about this. can you give me a reasonable scale on what you really think the chances are going to jail are? all reports Ive read have showed that people aren't going to jail for it. There were even kids who set 5 off at their high school on the anniversary of Columbine and they didn't go to jail.

 

[CdwJava]

I was driving around with my friends in a suburban area. We hit three sets of trash cans with our car and set off a dry ice bomb. We got pulled over, booked etc. i personally received a misdemeanor citation for a 12303 (possession of a destructive device) and 592 (a)(2) vandalism for damage to property under 400$.

Here is PC 12303:

12303. Any person, firm, or corporation who, within this state,
possesses any destructive device, other than fixed ammunition of a
caliber greater than .60 caliber, except as provided by this chapter,
is guilty of a public offense and upon conviction thereof shall be
punished by imprisonment in the county jail for a term not to exceed
one year, or in state prison, or by a fine not to exceed ten thousand
dollars ($10,000) or by both such fine and imprisonment.​

And, PC 594(b)(2) (NOT 592(a)(2) ... no such section):

592(b)(2) (A) If the amount of defacement, damage, or destruction is
less than four hundred dollars ($400), vandalism is punishable by
imprisonment in a county jail not exceeding one year, or by a fine of
not more than one thousand dollars ($1,000), or by both that fine
and imprisonment.
​

We were cooperative, owned up to it, and actually made the cops laugh a bit. We have a court date in December but I'm trying to get it sooner. This is the first offense for all of us, what are the chances that we will get jail time? share stories, answers. etc.

For those charges? Straight jail time is not too likely, but hefty fines and probation (and possibly work release/community service) are very likely.

- Carl

 

[CdwJava]

A Macgyver bomb has to do with dangerous chemicals mixing into a reaction, whereas a dry ice bomb is is just gas expanding, like a glorified balloon.

They charged you real low ... consider yourself lucky. I would have probably booked you for the felony and added a charge or two.

People have been killed and injured by those things.

- Carl

 

[PJ_Weber]

I don't want to have to tell my parents about this.

Either tell them now, or have them find out later

 

[kidkreuger]

hmm

Well im 18, i plan on telling them after court, i just don't want to have them stressing while im awaiting court. On other forums i keep having guys telling me i need a lawyer and giving me the information to their law firm, is that pretty much because they want business? everyone i talk to says a lawyer is not necessary, just present yourself respectively and admit to it. would anyone disagree?

 

[CdwJava]

It would be a very good idea to consult an attorney. In fact, at your arraignment, you will probably be asked if you want a public defender.

- Carl

 

[raskalnikov]

everyone i talk to says a lawyer is not necessary, just present yourself respectively and admit to it. would anyone disagree?

Everyone you talk to is wrong.

Call CRIMINAL DEFENSE lawyers in your area and ask for a meeting. Also, ask if they charge, the good ones do not charge for an initial consultation. You seem to be bent on inaction. You ask forums advise, they tell you you need a lawyer, you ask "everyone" they say you don't, meanwhile the court date approaches.

Don't be an idiot, call a lawyer, ask them.