My boyfriend was charged with mischeif but it is his first offence and i am just wondering what will happen in court or how we can get it dropped

My boyfriend was charged with mischeif but it is his first offence and i am just wondering what will happen in court or how it can be dropped


Asked 29 days ago in Sarnia, Ontario
Categories: Criminal Law

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Andrew Captan

Answer by Andrew Captan

Not VerifiedOntario lawyer

Mischief Under $5,000 offences which stem from "minor" destruction of property are generally considered "low level" property crimes. If the accused has no prior history, and if there are no aggravating factors in the case, the Crown Attorneys commonly are amenable to resolving these cases with a withdrawn charge, after some form of "up front" work is performed (such as making restitution for the damages, completing community service work, etc).

A judge cannot "drop" or withdraw a charge - the Crown Attorney has that obligation.  Your b/f should have a lawyer, whether it be his own lawyer or a Duty Counsel lawyer (if they are available) to assist with a pre-trial meeting with the Crown once the disclosure is reviewed. Hopefully, a favourable resolution can be obtained.
___________
Andrew Captan
Toronto Criminal Lawyer
www.toronto-criminallawyer.ca
andrew@captanlaw.com

Posted 28 days ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Andrew Captan, or search the Lawyer Directory.

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