Juvenile Defense Lawyers Bergen County NJ

Criminal Mischief Charge Attorney with offices in Hackensack, New Jersey

Criminal Mischief Charges NJ

Have you been arrested and charged with criminal mischief in NJ? Do you need a lawyer to protect your rights and fight these charges in court?

The criminal defense lawyers at the Tormey Law Firm LLC recently represented a client facing criminal mischief charges as a juvenile offender in the Bergen County Superior Court located in Hackensack, New Jersey. The charges arose out of Wyckoff but all Juvenile charges must be handled in the Superior Court, Family Division in the county in which the juvenile resides. Three young boys (around 10 years old) were all charged with spray painting some property and destroying it at a local friend’s home.

Criminal Mischief Charges in NJ: 2C:17-3

2C:17-3.  a. Offense defined. A person is guilty of criminal mischief if he:

(1)Purposely or knowingly damages tangible property of another or damages tangible property of another recklessly or negligently in the employment of fire, explosives or other dangerous means listed in subsection a. of N.J.S.2C:17-2; or

(2)Purposely, knowingly or recklessly tampers with tangible property of another so as to endanger person or property, including the damaging or destroying of a rental premises by a tenant in retaliation for institution of eviction proceedings.

Juvenile Criminal Mischief Charges in Bergen County NJ

All juvenile cases committed anywhere in Bergen County are handled at the Bergen County Superior Court, Family Division. However, some matters never make it to the Judge as they are resolved through a juvenile conference committee or through resolution with a probation officer.

This case was originally diverted to a probation officer for potential resolution. If the defendant admitted wrongdoing then they would impose a short period of probation, community service, and restitution for the damaged property and the case would be over.

If the client abided by all the conditions of probation then the case would be dismissed at the end. However, our client was innocent of the offense charged so he could not take responsibility for something he did not do. As a result, the case was sent to a hearing officer in Bergen County for a hearing.

When we appeared for the hearing, the alleged victim failed to appear. Without the victim there to testify, the case was dismissed for lack of prosecution. Remember, the State must always prove your guilt beyond a reasonable doubt in a criminal case in the United States. So, you, as the defendant, do not have to testify or prove anything. Here, the State did not have any evidence of the crime without the testimony of the alleged victim who failed to appear for trial to testify. Based on that, the judge had no choice but to declare the defendant not guilty and dismiss the case.

Help, Criminal Mischief Charge NJ – What’s the best defense?

This was a very satisfying result for our young client and his family. If you need assistance because you were arrested for criminal mischief in NJ, contact our offices anytime for a free initial consultation at 201-556-1571.