Asked in Criminal Law for Texas

Q: if i am being charge with criminal mischief that happened like over a year ago and the took the the building down and

sold the property can i still be sentence and they had no one fix it they did themself thr same daY

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2 Lawyer Answers
John Cucci Jr.
John Cucci Jr.
Answered
  • Criminal Law Lawyer
  • Houston, TX

A: I can try to answer your question, but I would need more information to give a full opinion.

If you have been charged with a crime, including damage to property, it does not matter if the "victim" easily fixed the property. Criminal charges are filed for something that happened in the past. So, if the property is now in good shape, you can still be charged with a crime, including criminal mischief.

The proof of no real damage being done may help your defense at trial, but I would need more information to understand your defensive position or status.

Good luck!

Vonnie Clay Dones III
Vonnie Clay Dones III
PREMIUM
Answered
  • Criminal Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: Yes, the criminal mischief charge will remain until disposition. Generally, in a plea agreement for dismissal or the like, the prosecutor will ask for restitution. The fact that the property has been sold may have some bearing depending on the facts and circumstances of the case.

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