criminal mischief charge - Houston, TX

[458tree]

What is the name of your state? texas

I borrowed a laptop from a friend. After I returned it, the friend said I intentionally damaged it and called the cops. I didn't damage the laptop, intentionally or otherwise. Well, the cops left a message on my answering machine on Sunday and the officer said he would try to call me back. It's now Thursday and the cop hasn't called back.
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>Do you know how Houston PD proceeds with this kind of thing? They have my friend's statement. Will the officer just take my friend's statement and give the case to the D.A. without talking to me? Or, will the officer try to get in touch with me before submitting the case? My friend called the police, and I don't think she gave the laptop to the police as evidence.
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>If the DA sees the case, will he or she just charge me based on my friend's statement? I was the last person with the laptop but if the charge is criminal mischief, doesn't it have to be proven that I really intentionally damaged the computer?
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>I would like to tell my side but the officer did not leave a number where I could reach him. I just don't want to be arrested out of the blue while I'm waiting in line at the grocery store!

thank you very much for any help

 

[Boxcarbill]

Last report that I had from a police officer that was sent to Houston was that average response call for homicide was one hour. So it is anyone's guess when or if the Houston police will call you again. Is the "friend" a former girlfriend? Is the former girlfriend now dating a Houston police officer. (Yes, believe it or not he would not be the first police officer who has used his position to be a blue knight for a girl.)

Yes, "Criminal mischief" does have to be proven just like any other criminal case as does every other element of the offense. Yes, the damage or destruction has to be "intentionally or knowingly" done and it has to be without the owner's consent and the damage has to be proven and the amount of the damage and that the accused was the one who did the damage or destruction.


If the damage is less than $50.00, it is a class C misdemeanor which means punishment is by fine only.

$50--$500 in damage is class B misdeanor which means the range of punishment is fine and/or jail time up to 6 months.