Expert: Robin Sexton - 9/22/2009

Question
my daughter was riding her bicycle yesterday and she fell and accidently scratched the vehicle that was parked where she fell.  The police were called, a report written, and the owner was advised by the police officer that he could sign a warrant against my daughter for criminal mischief.  Is this true and how can an accident be classified as criminal mischief which is the intentional or reckless damage to property.  Please help.  I thought this would be more civil than criminal

Answer
Cynthia,

Sounds odd to me also.  It could just be the statutes in your location that allows a citizen to sign a complaint. A lot of this will depend on your daughters age.  However if this was truly an accident without something moving it up to criminal mischief i don't see how it could be supported.  However stranger things have happened.  There is not much you can do about it at this point.  If for some reason charges are filed then you can respond.  If your daughter is a minor say 16 and under in most states, the matter is handled in juvenile court avoiding the possibility of a criminal record.  However if this was an accident i would not accept any plea and take it to court.  One other possibility your jurisdiction may have a parental responsibility statute holding parents responsible for their minor children.  This could be both civil or criminal.

Hope this helps

robin