Criminal Mishief class b

[anthony361]

What is the name of your state? Texas

Degree of Off. MB
Offense Desc. CRIM MISCH>=$20<$500

Ok this is my next legal issue i have to deal with in my new and improved story telling format

popped some xanax barz
went to wal mart
found a pic of a guy in my gf's purse
lost it
got home
started packin my **** and my box full of stuff fell down
all items that were made of glass shattered on impact(all my items)
cops got there saw the mess and assumed it was my gf's belongings
saw a hole in the wall from me and my gf's last fight
gf told them it MIGHT have been newly made wich it wasnt


anyways thats what happen but what i want to know is it up to my gf wether or not files are charged?

[seniorjudge]

Originally Posted by anthony361

What is the name of your state? Texas

Degree of Off. MB
Offense Desc. CRIM MISCH>=$20<$500

Ok this is my next legal issue i have to deal with in my new and improved story telling format

popped some xanax barz
went to wal mart
found a pic of a guy in my gf's purse
lost it
got home
started packin my **** and my box full of stuff fell down
all items that were made of glass shattered on impact(all my items)
cops got there saw the mess and assumed it was my gf's belongings
saw a hole in the wall from me and my gf's last fight
gf told them it MIGHT have been newly made wich it wasnt


anyways thats what happen but what i want to know is it up to my gf wether or not files are charged?

Why were the cops there?

[outonbail]

Originally Posted by anthony361

What is the name of your state? Texas

Degree of Off. MB
Offense Desc. CRIM MISCH>=$20<$500

Ok this is my next legal issue i have to deal with in my new and improved story telling format

Wow, didn't take too long to get that smirk off your face huh?

popped some xanax barz
went to wal mart
found a pic of a guy in my gf's purse

Sounds like your GF or should I say ex-GF has found someone else she'd rather bonk than a drug addicted, controlling, possessive, jealous, wanna be petty criminal. This is certainly admirable.

lost it

Perhaps you never had it?

got home
started packin my **** and my box full of stuff fell down
all items that were made of glass shattered on impact(all my items)

You showed her!

cops got there saw the mess and assumed it was my gf's belongings

Why was that, you own allot of girlie things?

saw a hole in the wall from me and my gf's last fight
gf told them it MIGHT have been newly made wich it wasnt

You punched a hole in the wall during your last fight? Well now you know why she started shopping around for a new bonking partner.

anyways thats what happen but what i want to know is it up to my gf wether or not files are charged?

Files are charged?

Reading about all the recreational substances you smoke, snort and pop, I will assume your not in a state of mind which permits rational thoughts, or the ability to articulate a complete and proper sentence. So I believe you mean to ask, "Is it up to my girl friend to decide weather or not domestic violence charges are filed against me?"

The answer is no, and before you ask, she can not have them dropped either.

So, it looks like your next trip to court will be the start of your one long term, personal relationship. You and the legal system. Good luck Anthony!

[Ohiogal]

Originally Posted by outonbail

Reading about all the recreational substances you smoke, snort and pop, I will assume your not in a state of mind which permits rational thoughts, or the ability to articulate a complete and proper sentence. So I believe you mean to ask, "Is it up to my girl friend to decide weather or not domestic violence charges are filed against me?"

Actually I believe he meant to ask, "Is it up to my girl friend to decide WHETHER or not domestic violence charges are filed against me?" Unless of course his girlfriend really has some cool power to control the weather -- and what that has to do with DV charges I do not know but it would still be kinda nifty. If she can control the weather, then I would like to make a request that it be sunny and 70 degrees in Ohio right now because these drastic shifts in temperature are ridiculous.

[Blue Meanie]

Originally Posted by Ohiogal

Actually I believe he meant to ask, "Is it up to my girl friend to decided WHETHER or not domestic violence charges are filed against me?" Unless of course his girlfriend really has some cool power to control the weather -- and what that has to do with DV charges I do not know but it would still be kinda nifty. If she can control the weather, then I would like to make a request that it be sunny and 70 degrees in Ohio right now because these drastic shifts in temperature are ridiculous.

HERE! HERE! ...I want some 70 degree weather would be nice here as well....55 one day and 2 the next...

[smutlydog]

Originally Posted by baystategirl

HERE! HERE! ...I want some 70 degree weather would be nice here as well....55 one day and 2 the next...

That impossible
living up north will always su#$k no matter what you wish for.

I was riding my jetski with out a wetsuit yesterday in 75 degree weather.

[Blue Meanie]

Originally Posted by smutlydog

That impossible
living up north will always su#$k no matter what you wish for.

I was riding my jetski with out a wetsuit yesterday in 75 degree weather.

Yeah....But we have seasons....okay the weather sucks...But if you have ever been to the North Shore in spring ...You would know why I love it here....

[outonbail]

Weather? talk about the pot calling the kettle black,,,,, Or in this case, the pot calling the zig-zag green!

Speaking of weather, it was cold here last night,,,, I think it dropped down to the mid fifties!

[Blue Meanie]

Originally Posted by outonbail

Weather? talk about the pot calling the kettle black,,,,, Or in this case, the pot calling the zig-zag green!

Speaking of weather, it was cold here last night,,,, I think it dropped down to the mid fifties!

Wow...That cold! Must have been terrible for you!

[ceara19]

Originally Posted by baystategirl

Yeah....But we have seasons....okay the weather sucks...But if you have ever been to the North Shore in spring ...You would know why I love it here....

I miss seeing the seasons change. Just be glad you don't live down here in the south. Our only seasons are hot, hotter and hell!

[anthony361]

I am being charged with criminal mishief NOT domestic violence, so what im saying is**************...Who's option is it wether or not i get charged for breaking my OWN things and punching a whole in the wall 4 months prior to this whole incedent, And also what the hell is wrong with you people? People comein here asking for help and all you all do is talk ****. ANyways if anyone has anything to say that could some how be useful to me then please feel free to post

[Kane]

You can destroy your own things all day long if you want.

§ 28.03. CRIMINAL MISCHIEF. (a) A person commits an
offense if, without the effective consent of the owner:
(1) he intentionally or knowingly damages or destroys
the tangible property of the owner;
(2) he intentionally or knowingly tampers with the
tangible property of the owner and causes pecuniary loss or
substantial inconvenience to the owner or a third person; or
(3) he intentionally or knowingly makes markings,
including inscriptions, slogans, drawings, or paintings, on the
tangible property of the owner.

--Ok, technically you need consent to destroy your stuff, but I think that can be assumed. :-)

However, I doubt anybody consented to you smashing up the walls. So unless the walls belong to you too, they got you on that one. And no, it doesn't matter if it happened the day the police were in the house, or two or three months ago.

They will need evidence that it was you who made the hole. That could come in the way of testimony by your ex, or by way of your own statements, if you admitted making the hole to the police.

[anthony361]

Originally Posted by Kane

You can destroy your own things all day long if you want.



--Ok, technically you need consent to destroy your stuff, but I think that can be assumed. :-)

However, I doubt anybody consented to you smashing up the walls. So unless the walls belong to you too, they got you on that one. And no, it doesn't matter if it happened the day the police were in the house, or two or three months ago.

They will need evidence that it was you who made the hole. That could come in the way of testimony by your ex, or by way of your own statements, if you admitted making the hole to the police.

My gf wont testify against me but im sure they will still make her get on the bench and try to get her to say something that will help them out. What I dont understand is why did the cops tell her that day that they couldnt arrest me if i didnt damage the wall that day? I mean it doesnt make sense that i got charged with something that happened months before all this went down In a way isnt her not calling the cops on the day it did actually happen kinda giving me consent??

either way can some one give me some advise as to what i can do to beat this charge? I mean i cant rely on a court appointed lawyer to help me out he is the one who told me it is up to my gf wether or not files we charged.

ooooooooooh wait i left on one detail. she didnt call the cops cuz of broken items or ho;y walls she called becuase i refused to leave the house. The cops got there and askid if i broke the items(wich belonged to me) andif i had made the whole in the door THAT DAY. Her reponse was maybe..umm yeah i think so.

[OHgurl2002]

Your girlfriend has little to no say in it. All she could do is call the cops and let them take it from there. Since, you haven't been charged with anything, it's likely you won't. Her next step would be to go to the Pros. office and file a complaint against you (complaint does not equal charges... it's a request to have the city issue charges). It doesn't sound like there is enough evidence for a DV charge. As far as criminal damaging goes, if for some unlikely reason charges are pressed, you only need to prove that it was your property. You may destroy your property all you want (so long as you're not hurting anyone or anyone else's property while doing it). You could even take a sledge hammer and bust in all the windows in your house (as long as you're the owner).

FYI: Only a gov. unit (city, state, county) can press charges and drop them. Your girlfriend would be a witness for the state, but it would be say... "the City of Detroit vs. Joe Shmo," not "Gretta Girlfriend vs. Joe Shmo"

[anthony361]

Originally Posted by OHgurl2002

Your girlfriend has little to no say in it. All she could do is call the cops and let them take it from there. Since, you haven't been charged with anything, it's likely you won't. Her next step would be to go to the Pros. office and file a complaint against you (complaint does not equal charges... it's a request to have the city issue charges). It doesn't sound like there is enough evidence for a DV charge. As far as criminal damaging goes, if for some unlikely reason charges are pressed, you only need to prove that it was your property. You may destroy your property all you want (so long as you're not hurting anyone or anyone else's property while doing it). You could even take a sledge hammer and bust in all the windows in your house (as long as you're the owner).

FYI: Only a gov. unit (city, state, county) can press charges and drop them. Your girlfriend would be a witness for the state, but it would be say... "the City of Detroit vs. Joe Shmo," not "Gretta Girlfriend vs. Joe Shmo"

edit- screw this. My court appointed lawyer does not know what he is talking about, he is the one who told me it is up to my gf wether or not charges pressed. You all have showed me that that is CRAP. I have court thursday and I have not met with my laywer at all, now I know he has other cases to attend to but i really dont think its fair that the lawyer the court has appointed to me is not helping me at all. If i were to request a new laywer will the courts set a new court date? I mean Im really not going to be able to defend my self on my own and that is not fair.

But its her house. Does that not make even the slightest diffrence?

edit--just so yall know she is on my side and we are getting married soon