Q: Bob is accused of criminal mischeft for PURPOSLY breaking a window while intoxicated when he doesnt remember doing it
Can bob get off on a technicality? dont they have to prove that he did it on purpose or it doesnt count.
A: In Utah, criminal mischief is usually charged where a person person "intentionally damages . . . the property of another." Whether the damage was done "intentionally" can be up to a jury to decide. The fact that a defendant can't remember what happened could actually work against him, because he won't be able to rebut testimony from other witnesses. If other witnesses saw what happened, and if what they saw makes it look like the damage was done intentionally, he could be found guilty. If the damage occurred by accident, it would not normally be a criminal matter. If witnesses (including the defendant) can provide testimony that shows the damage occurred accidentally, he has a much better chance in court. He should definitely consult with an attorney before going into court on any criminal charge.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.