Expert: Robin Sexton - 7/8/2008

Question
Well myself and three other of my friends decided to go on a ghost hunt at an old school house. We were under the belief that it had been abandoned and attempted to break in. We never actually made it into the building, but we kind of pulled some metal off of what we thought might have been a basement, but it turned out to just have grass underneath it. We knew we were trespassing, but we basically didn't realize what the consequences were of our actions,especially since none of us had ever done anything like this before. When the NYS troopers arrived, we explained the situation, told them our intentions, and that we are all on scholarship. They cut us loose, but the owner was pretty upset, and pressed charges because he wanted to make an example out of us because people had broken in the year before. We never intended on stealing anything, and we were just looking for a way in without actually causing damage. The owner pressing charges wants us for trespassing and criminal mischief. The question is, what exactly is criminal mischief? Does is involve a fine? etc.

Answer
Jordan,

Each state has different definitions, terms and laws.  Criminal mischief in its various forms is a pretty minor issue.  Normally it is just a fine maybe a little probation, community service etc.  If you and your buds have no criminal history etc. you are probably excellent candidates for some sort of deferred sentence.  Basically means you behave for X number of months and they wipe it from your record, kind of like it never happened. You can ask the court or the prosecutor if you guys would be eligible for something like that or if they would entertain the idea.  If your are just given a citation and no fingerprints taken then it is probably just a civil type action and the only thing necessary would be a fine and the only record should be local.  Call the court and see what your options are.

Hoe this helped and Good luck

robin