Q: Is it possible to get vandalism charge reduced or dropped ?
My boyfriend vandalized his step dads car while intoxicated. His step dad is willing to let him pay the insurance deductible and wants to drop the charges against him. He is also being charged with criminal threat which his step dad never said he was threatened. Is there a possibility of getting the vandalism dropped or reduce and the criminal threat dropped? We’re not sure why he’s being charged with criminal threat
A:
If the Vandalism is charged as a Misdemeanor your dad can sign a Civil Compromise pursuant to PC 1377-78. The Judge doesn't have to grant it, so talk to his lawyer on how to present it.
As to the PC 422 charge, this is also a "wobbler" that can be filed as a Felony or a Misdemeanor. Someone (your dad or another percipient witness) told the cops that they heard a threat that could be carried out. If your dad wants to help he should talk to your boyfriend's lawyer to explain that he was never in fear for his safety. This is a defense that may convince the DA (in the real world, not Lancaster) not to file the case.
Your bf should be doing to rehab or at very least AA and Anger Management. That will help his case and hopefully keep him from acting out again.
Good luck!
A:
initially, you must understand that it is not up to the dad to drop charges...........the people of the state of California are the victims.
both are wobblers, meaning they can be filed as a misd or felony.
your dad should hire a criminal lawyer to talk to the defendant's criminal lawyer and the DA.
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