Criminal damage

[Lizzie1234]

My boyfriend was arrested last night and charged with criminal damage and public disorder (he was drunk and damaged a porshe) - he has a previous spent conviction for damage (which happened years ago). I am not sure about the value of the damage but I think it is pretty unlikely that he caused more than �5,000 worth of damage so it is likely that this will be heard in the magistrates court and I understand that they have limited sentencing powers...

Are there any mitigating factors? - he has been very stressed at moment after losing a job because of the recession and has been drinking too much because of this (he is going to see a doctor to get some help about this). I am worried that he might get a custodial sentence - could you tell me how likely you think this is or is he more likely to get a fine?

[daffy654]

I don't know what the likelihood of a custodial sentence is....I do know that courts usually look favourably upon people who seek counselling for their drink problems before the case comes to court.

By the way,damage to a Porsche could be considerably more than �5000 worth,they aren't cheap to repair.

[paraffin]

On the information you've given, I wouldn't think there's a chance in hell that he would be jailed.
Far more likely to be a fine, especially if he pleads guilty(as long as he is guilty, that is).

It's likely to be a costly experience, however. He would undoubtedly find that, if convicted, not only would he have to pay for damage to the Porsche, he could be ordered to pay Court costs which could easily run into hundreds in Mag. Court.

It's more likely to be dealt with in Mag. Court which does have limited sentencing powers but could deal with this matter.

He must have had legal advice at the Police Station. Get him to contact whoever that was for further advice.

He may qualify for Legal Aid.
Good luck.

[Lizzie1234]

thanks for that paraffin. I think he told me that the police said the most likely sentence would be a fine - I will get him to get back in touch with the person at the police station.

[flip_flop]

the owner of the Porsche will claim off of his car insurance policy. If your boyfriend doesn't have any money, it is highly unlikely the victim's insurance company will pursue your boyfriend for payment.

[Lizzie1234]

He gets paid around �30,000 a year so I expect he is going to have the full fine what ever that is...

[paraffin]

Hi Lizzie,

Just one small note of caution: obviously the Police are only giving their opinion as, of course, it will be up to the Court to decide what it would deem to be a suitable punishment.
But, having had experience of the Criminal Justice system over the years, I would be totally gobsmacked were it anything other than a fine, certainly not a custodial sentence.
Good luck.

[paraffin]

lizzie:

I've just seen your post about your b/f earning �30000 a year.

My first comment about Legal Aid was based on him not having an income, which is what I thought you had indicated in your original post.

In which case, he will get stung for the whole amount, unfortunately.

[Rollo]

He earns �30,000 a year - but you said he has lost his job.

Has he got another job then?

[Lizzie1234]

he has lost his job very recently, and just got another one in the last couple of days (he has been stressed for a long time about this) which he is going to start soon - luckily they have already carried out the criminal records check...(every cloud has a silver lining..ahem!)

[amc21]

Hi, I'm the idiot boyfriend. I was officially charged with:
Criminal damage to property <�5000.
Section 4 words/behaviour.

I recently (last Wednesday) started a new job which I may/may not lose. My previous job to that I was earning �23,000 a year.

I refused legal advice as I couldn't remember much and there were witnesses. I figured it was best to fess up to what I'd done and express remorse for my actions. I intend to seek help for my drink problem and will be pleading guilty to both charges in court. Should I still seek legal advice (Idef. don't qualify for legal aid� I checked)?

Thanks for all the previous replies.