What should I do?

What is the name of your state (only U.S. law)? New York


I was in one of the bathrooms underneath the dining hall just about to leave. The doors to those bathrooms open up wicked easy. So Im going to leave and the first time I whip the door open and it bounces off the wall. Waiting for my friend who was with me I bounced the door 2 maybe 3 more times and nothing happened. I then leaned on the door to let him out and the wall behind it caves in. There was a custodian outside that heard the whole thing and as we were leaving stopped us and asked what had happened. I told her straight out that I unintentionally broke the wall. She didnt see it this way and immediately said vandalism. She called her supervisor, he came down, she told her story, I told mine. He decided he should call University Police. UP came, she told her story, I told mine. UP apparently didnt believe me and arrested me. Now I have a court date for November 8th.

What should I do when I go in for my arraignment? Plead guilty and hopefully get out there with a fine and clean record or ask for a public defense lawyer to take care of this?

I am officially being charged with Criminal Mischief 4th Degree

mjw9795 said:

What is the name of your state (only U.S. law)? New York


So Im going to leave and the first time I whip the door open and it bounces off the wall. Waiting for my friend who was with me I bounced the door 2 maybe 3 more times

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How is slamming the door 2 or 3 times not criminal mischief or vandalism? Did you just think that you could slam them open/closed for fun?

antrc170 said:

How is slamming the door 2 or 3 times not criminal mischief or vandalism? Did you just think that you could slam them open/closed for fun?

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Thats not when it broke. And I didnt slam it. The wall had that little rubber wall door stop on it and I bounced it off of there 2 or 3 times. Not hard but obviously could have done something to weaken the wall. Anyway it broke when I leaned on the door to let my friend out, not when I bounced it.

It sounds like your intentional acts caused the damage to me. I guess the judge will decide if your explanation is credible or not.

justalayman said:

It sounds like your intentional acts caused the damage to me. I guess the judge will decide if your explanation is credible or not.

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Well I didnt lean on the door to intentionally break the wall. Yes it was stupid to bounce the door but I didnt bounce the door hard either. I know this has nothing to do with it either but there also could have been better construction done to the area as in re-inforce behind where the door stop on the wall is, put a floor door stop on, or make those door harder to open (they open up wicked easy, thats why the first bounce happened in the first place)

it was an intentional act. I didn't say you broke it intentionally. If the wall broke when you first opened the door, that was due to an unintentional act. That is called an accident and is not going to get you arrested. Since it didn't break then but only after several other intentional acts, the damage was due to an intentional act. Whether you meant to cause the damage only changes the level of crime.

justalayman said:

it was an intentional act. I didn't say you broke it intentionally. If the wall broke when you first opened the door, that was due to an unintentional act. That is called an accident and is not going to get you arrested. Since it didn't break then but only after several other intentional acts, the damage was due to an intentional act. Whether you meant to cause the damage only changes the level of crime.

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So you are saying the intentional act of leaning on the door to let my friend leave in front of me will get me pretty much screwed in the end?

mjw9795 said:

So you are saying the intentional act of leaning on the door to let my friend leave in front of me will get me pretty much screwed in the end?

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I'd say the intentional act of bouncing the door two or three times THEN leaning against it may leave you pretty much screwed.

Proserpina said:

I'd say the intentional act of bouncing the door two or three times THEN leaning against it may leave you pretty much screwed.

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So I would assume you think I should probably ask for a Public Defender and have them help me work things out?

mjw9795 said:

So I would assume you think I should probably ask for a Public Defender and have them help me work things out?

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If available. Due to it not be some heinous crime where you leveled the dorm, maybe they would be willing to offer some sort of diversion program where you end up without a record from this.

Pleading not guilty at the arraingment is almost always a good idea. Although for the sake of expedience they may try to work a plea agreement. You do not yet know what you face as far as restitution if you plead guilty among other unknowns. All you can do is show up. Goodluck.