Seminole County Criminal Mischief Defense Lawyer

If you have been charged with criminal mischief in Seminole County please contact Chris S. Boatright, P.A. at 407-740-8300 to discuss what options may be available to get your criminal mischief charge dismissed or reduced. One way to get your criminal mischief charge dismissed is by completing a Pre-Trial Diversion program. Not every criminal mischief case is eligible for a Pre-Trial Diversion program.

Former Criminal Mischief Prosecutor

As a former criminal mischief prosecutor Chris has an understanding of what can be important to the prosecutor in your Seminole County criminal mischief case. It is important to understand how the other side works. Chris uses this understanding to determine what needs to be done to get the best possible outcome in your criminal mischief case.

Seminole County Criminal Mischief Defense Lawyer Since 1999

Chris has been defending individuals in Seminole County charged with criminal mischief since 1999. Being an Seminole County criminal mischief defense lawyer for so long has given Chris the opportunity to spend a lot of time working with the judges and prosecutors in Seminole County that handle criminal mischief cases like yours. Experience dealing with those judges and prosecutors is important in achieving the best results in your criminal mischief case.

Different Seminole County Criminal Mischief Defense Lawyers Get Different Results

When you have been charged with criminal mischief in Seminole County you need an aggressive, experienced, and knowledgeable lawyer like Chris to defend you. A criminal mischief conviction will stay on your record forever, therefore, it is important to be represented by the right lawyer. The better prepared you are for your court appearance the more likely it is you will get a favorable outcome. The best results possible are rarely obtained by just hoping for them. Get the help you need at Chris S. Boatright, P.A. to get the best results possible.

Information About Seminole County Criminal Mischief Charges

Definition Of Criminal Mischief

A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto.

Seminole County Criminal Mischief Penalties

1. If the damage to such property is $200 or less, it is a misdemeanor of the second degree, punishable by a maximum of 60 days in jail, and/or 6 months probation and or a $500 fine.

2. If the damage to such property is greater than $200 but less than $1,000, it is a misdemeanor of the first degree, punishable by a maximum of 365 days in jail and/or 12 months probation and/or a $1,000 fine.

3. If the damage is $1,000 or greater, or if there is interruption or impairment of a business operation or public communication, transportation, supply of water, gas or power, or other public service which costs $1,000 or more in labor and supplies to restore, it is a felony of the third degree, punishable by a maximum of 5 years in prison and/or 5 years of probation and/or a $5,000 fine.

4. If the person has one or more previous convictions for violating this subsection, the offense under paragraph 1. or paragraph 2. for which the person is charged shall be reclassified as a felony of the third degree, punishable by a maximum of 5 years in prison and/or 5 years of probation and/or a $5,000 fine..

(2) Any person who willfully and maliciously defaces, injures, or damages by any means any church, synagogue, mosque, or other place of worship, or any religious article contained therein, commits a felony of the third degree, punishable by a maximum of 5 years in prison and/or 5 years of probation and/or a $5,000 fine., if the damage to the property is greater than $200.

(3) Whoever, without the consent of the owner thereof, willfully destroys or substantially damages any public telephone, or telephone cables, wires, fixtures, antennas, amplifiers, or any other apparatus, equipment, or appliances, which destruction or damage renders a public telephone inoperative or which opens the body of a public telephone, commits a felony of the third degree, punishable by a maximum of 5 years in prison and/or 5 years of probation and/or a $5,000 fine.; provided, however, that a conspicuous notice of the provisions of this subsection and the penalties provided is posted on or near the destroyed or damaged instrument and visible to the public at the time of the commission of the offense.

(4) Any person who willfully and maliciously defaces, injures, or damages by any means a sexually violent predator detention or commitment facility, as defined in part V of chapter 394, or any property contained therein, commits a felony of the third degree, punishable by a maximum of 5 years in prison and/or 5 years of probation and/or a $5,000 fine., if the damage to property is greater than $200.

Combined Value Of Damages

The amounts of value of damage to property owned by separate persons, if the property was damaged during one scheme or course of conduct, may be aggregated in determining the seriousness of the criminal mischief offense.

Restitution

Any person who violates this section may, in addition to any other criminal penalty, be required to pay for the damages caused by such offense.

Graffiti

Any person who violates this section when the violation is related to the placement of graffiti shall, in addition to any other criminal penalty, be required to pay a fine of:

1. Not less than $250 for a first conviction.

2. Not less than $500 for a second conviction.

3. Not less than $1,000 for a third or subsequent conviction.

(b) Any person convicted under this section when the offense is related to the placement of graffiti shall, in addition to any other criminal penalty, be required to perform at least 40 hours of community service and, if possible, perform at least 100 hours of community service that involves the removal of graffiti.

(c) If a minor commits a delinquent act prohibited under paragraph (a), the parent or legal guardian of the minor is liable along with the minor for payment of the fine. The court may decline to order a person to pay a fine under paragraph (a) if the court finds that the person is indigent and does not have the ability to pay the fine or if the court finds that the person does not have the ability to pay the fine whether or not the person is indigent.

In addition to any other penalty provided by law, if a minor is found to have committed a delinquent act under this section for placing graffiti on any public property or private property, and:

(a) The minor is eligible by reason of age for a driver license or driving privilege, the court shall direct the Department of Highway Safety and Motor Vehicles to revoke or withhold issuance of the minor’s driver license or driving privilege for not more than 1 year.

(b) The minor’s driver license or driving privilege is under suspension or revocation for any reason, the court shall direct the Department of Highway Safety and Motor Vehicles to extend the period of suspension or revocation by an additional period of not more than 1 year.

(c) The minor is ineligible by reason of age for a driver license or driving privilege, the court shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of the minor’s driver license or driving privilege for not more than 1 year after the date on which he or she would otherwise have become eligible.

A minor whose driver license or driving privilege is revoked, suspended, or withheld under subsection (7) may elect to reduce the period of revocation, suspension, or withholding by performing community service at the rate of 1 day for each hour of community service performed. In addition, if the court determines that due to a family hardship, the minor’s driver license or driving privilege is necessary for employment or medical purposes of the minor or a member of the minor’s family, the court shall order the minor to perform community service and reduce the period of revocation, suspension, or withholding at the rate of 1 day for each hour of community service performed. As used in this subsection, the term “community service” means cleaning graffiti from public property.

Evidence

In order for the State of Florida to prove you committed the crime of criminal mischief, the State need’s evidence. Normally, the law enforcement officer’s report contains a statement of the evidence against you. However, there may be other evidence in your case which the law enforcement officer failed to document in the report. It is essential for you and your attorney to review all of the evidence in your case before preparing your defense. Some important questions are:

Were there any witnesses to the incident and if so did they provide a statement?
Did you provide any statements?
Did you cause any property damage?
What is the value of the damage to the property?

Constitutional Rights

The United States Constitution and the Florida Constitution both guarantee that people be free from self-incrimination. In order for a person to give up their privilege against self-incrimination the person must do so freely voluntarily and knowingly and that is why a person is normally advised of their Miranda rights after arrest but prior to any questioning by a law enforcement officer. It is important for you to know if your privilege against self-incrimination was violated. If your privilege against self-incrimination was violated evidence in your case may be inadmissible. Some important questions to consider are:

Were you questioned by a law enforcement officer after you were arrested?
Did you make any statements that are harmful to your case?
Were you read your Miranda rights?

Seminole County Criminal Mischief Penalties

A conviction for criminal mischief can result in penalties in many different penalties. It is important for you to know what penalties you may be facing. Some of the penalties for a criminal mischief conviction may include:

Time in Jail or Prison
Probation
Classes
Community service
Restitution
Fines
Court costs

*Program fees and costs are subject to change without notice*

Pre-Trial Diversion

In Seminole County, Florida there are three Pre-Trial Diversion Programs for criminal mischief charges. Misdemeanor Pre-Trial Diversion, Felony Pre-Trial Diversion and if the criminal mischief is substance abuse related such as getting high and damaging property Drug Court is an option. Each program has its own specific eligibility requirements.

Seminole County Pretrial Diversion Program For Misdemeanor Criminal Mischief Charges

This is a deferred prosecution program for selected misdemeanor charges and for selected individuals. This program is offered by the Office of the State Attorney and supervised by Seminole County Community Corrections. Successful completion of the Seminole County Misdemeanor Pre-Trial Diversion Program will result in the dismissal of your charge(s) by the Office of the State Attorney.

Eligibility

You must have no prior sentence, conviction or dismissal for a similar charge, no prior felony convictions, no prior convictions for charges ineligible for diversion, and no prior adult diversion/deferred prosecution programs
You must be a legal resident of the United States
You must have no more than one prior misdemeanor conviction
Your charge(s) must have no more than $1,000 in restitution
You must be approved by the Office of the State Attorney

Program Details

Program length is 6 months
Program cost is $300
Program intake fee is an additional $20
Program drug testing fee is an additional $17
Program phone reporting fee is an additional $6-$7 per month
Program Office of the State Attorney fee is an additional $100
You must perform a minimum of 40 hours of alternative community work service
You will also successfully complete an anger management class
Restitution
You are responsible for any additional costs for classes and evaluations

*Program fees and costs are subject to change without notice*

Seminole County Pre-Trial Diversion Program For Felony Criminal Mischief Charges

If you successfully complete the Seminole County Pretrial Diversion Program the charge(s) you were placed in the program for will be dismissed.

This a 12 month long program with the following requirements:

1.) You must refrain from violation of any federal, state or local law. If you are arrested or charged with a crime while in the pretrial diversion program, you are subject to automatic revocation whether the crime occurred before or after the signing of the pretrial diversion contract.

2.) You must associate only with law abiding persons.

3.) You must work regularly at a lawful occupation; or pursue a course of studies as a full-time student, or both. Employment must be verified by documentation only within the first 30 days of supervision. Thereafter, employment verification shall be made every other month.

4.) You must take an active part in counseling and attend all scheduled appointments. You must participate in and be responsible for program costs of any referrals your pretrial diversion officer recommends. Referrals may include, but are not limited to participation in drug/alcohol counseling, a mental health evaluation, urine screenings, General Equivalency Diploma (GED) and English for Speakers of Other Languages (ESOL).

5.) You must immediately inform the Pretrial Diversion Program of any anticipated or unanticipated change in your residence or your employment. It is your obligation to notify the Pretrial Diversion Program of any change in your address and to comply with residence verification instructions. Should it be determined that you have moved from your reported residence or changed employment, without notice to the Pretrial Diversion Program, and are no longer able to be contacted through your reported mailing address, you are subject to automatic revocation. If you have been arrested in this case, you must also notify the Clerk of the Court for Seminole County, Florida, preferably in writing, of your address change. No Out-of-Country Travel will be approved while participating in the Pretrial Diversion Program. All Notices, summonses, or other mail will be sent to your current address. If you fail to appear in court due to paperwork being sent to an old address, a warrant may be issued for your arrest, and you may be revoked from the Pretrial Diversion Program.

6.) You will promptly and truthfully answer all questions directed to you by your Pretrial Diversion Program Officer.

7.) You must pay a Cost of Supervision fee of $20.00 a month to the State of Florida as required by Florida Statute Section 948.08 unless otherwise exempted in compliance with the Florida Statutes. All monies collected by the Florida Department of Corrections will be subject to a 4% surcharge. There will be a one-time drug testing fee of $30.00.

8.) You will complete 100 hours of Alternative Community Service (ACS). ACS and all sanctions must be completed sixty days prior to the expiration of this contract or sixty days prior to any subsequent expiration date resulting from an extension or as determined by a Review Board Panel.

9.) Once the Defendant has satisfied all sanctions, early termination is acceptable.

10.) You must pay a $100.00 non-refundable cost of prosecution fee to the State of Florida within 60 days as required by Florida Statute Section 938.27.

11.) Charge specific special conditions.

12.) You will also submit to random urine screenings for drugs. Any drug test with a positive result is a violation of the Pretrial Diversion Program Agreement, and may result in additional consequences or revocation from the Pretrial Diversion Program.

In order to be eligible for the Pretrial Diversion Program you must have no criminal history (arrests, convictions, or cases in which adjudication of guilt has been withheld, whether as a juvenile or adult), or if you have a prior criminal history, you must disclose it to the Pretrial Diversion Program. If it is found that you not been fully candid on this issue, you are subject to revocation from the Pretrial Diversion Program.

If you fail to comply with any of the above conditions, your case may be subject to the following action, depending upon the violation.

Your officer may extend the period of diversion to a term not to exceed 3 months from the date of the Pretrial Diversion Program Contract, or
The Review Board may add additional special conditions or otherwise modify this contract, or
Revoke the Pretrial Diversion Program contract and the State Attorney will prosecute you for this offense.A Review Board comprised of an Assistant State Attorney and a representative of the Florida Department of Corrections, Pretrial Diversion Program, has been established for the purpose of reviewing any proposed revocation or modification of your Pretrial Diversion Program Contract. Your Pretrial Diversion Officer will attend this hearing. Modification of your Pretrial Diversion Program Contract may occur if you agree to the modification, by Review Board decision. At Review Board Hearings, evidence establishing violations of conditions of the Pretrial Diversion Program Contract will be heard. You will be given notice of this hearing and may attend and present any evidence you have in your defense and/or any evidence you have to establish matters in mitigation. Failure to appear will result in automatic revocation from the Pretrial Diversion Program. The Review Board, after hearing and considering all evidence, will render a decision in writing, citing the reasons for that decision. All members of the Review Board must agree to revocation or modification. In its written decision, the Review Board will state whether it has decided to revoked the Pretrial Diversion Program Contract or allow the Defendant to continue in the Pretrial Diversion Program. If the agreement is modified, the modifications made by the Review Board will be stated. If you are revoked from the Pretrial diversion Program, you will be prosecuted for the original criminal violation. The Defendant is bound by the decision of the Review Board. The Pretrial Diversion Contract is an agreement that is a deferral of prosecution. If the terms of the agreement are met, the initial charge will be dropped and the State of Florida will be barred from prosecution. If the terms of the agreement are violated, prosecution concerning any charge will proceed.

*Program fees and costs are subject to change without notice*

Seminole County Drug Court Program

If you successfully complete the Seminole County Drug Court Program the charge(s) you were placed in the program for will be dismissed.

Eligibility Criteria For Tier-One/First-Time Offenders Program includes the following criteria:

Must not have significant addiction issues. A substance abuse assessment by the program’s authorized evaluator is required.
Must be a Seminole County resident, have a drug-free stable place to reside, and reliable transportation.
Must be mentally capable of benefiting from the Tier One program and possess the motivation to complete its requirements.
Charged with a third degree felony for possession of a controlled substance or a 2nd felony purchase of a controlled substance under Chapter 893.
No previous felony convictions.
No previous admission to a felony pretrial program.
No more than one prior misdemeanor conviction.
No violation of probation cases are accepted
No evidence of sale of controlled substance in current case or prior felony criminal conviction.
No DUI charges may be diverted through this program.

All Tier-One participants must complete the following components:

6-week Drug Education Class
STD Awareness Class
Life Skills Assessment and any recommended training
Case Management
Monthly Probation Supervision
Random Urinalysis
Mandatory Court Appearance
Pay all program fees:
$1,000.00 Tier One Program Fee
$100.00 Cost of Prosecution
Four (4) percent surcharge to the Department of Corrections
Twenty-five (25) hours Community Service.
Pay cost of investigation, if any
Restitution is required, if applicable.

Upon full completion of the 6-12 month Tier One Drug Court program, the felony charge(s) will be dismissed by the State of Florida.

*Please note all program costs and fees are subject to change without notice.*

Eligibility Criteria For The Regular Adult Drug Court Program (for defendants with significant substance abuse issues):

The defendant must have a serious substance abuse problem requiring treatment. A substance abuse assessment by the program’s authorized evaluator is required.
Must be a Seminole County resident, have a drug-free stable place to reside, and reliable transportation.
Must be mentally capable of benefiting from the Adult Drug Court and possess the motivation to complete the program.
All cases must be approved by the State Attorney’s Office. Individuals charged with first time possession or purchase of a controlled substance are eligible to apply for acceptance into the program.
Individuals who are charged with, or who have a prior record of, sale or delivery of a controlled substance or possession with intent to sell or deliver a controlled substance are not eligible for Adult Drug Court.
Individuals who are charged with any other 2nd or 3rd degree felony may request the State Attorney review their case for consideration for the program. Factors which will be used to determine acceptance include the facts of the current case, victim consent, and prior record.
Violation of Probation or Community Control cases are eligible for acceptance.
Participants are required to pay the program fee of $1,000.00, any restitution applicable, any cost of investigation applicable, and $100.00 per case cost of prosecution.

Persons entering the program are required to enter a plea and their sentences are deferred until the completion of the program. Upon entering the program each individual is placed under the supervision of the Department of Corrections/State Probation, for a period of 12 to 18 months in order to monitor them while in the program.

All Adult Drug Court participants must complete substance abuse treatment that will be delivered in the following four drug court program phases. The length of program phases will vary depending on individual progress. The below guidelines are the minimum requirements:

Phase 1: Stabilization Phase lasts a minimum of 1 month:

Mandatory drug testing on Mondays and Fridays with random urinalysis on all other days
Attend 3 group therapy sessions per week
Attend 1 monthly individual session with assigned Substance Abuse Treatment Counselor
Attend court sessions bi-weekly
Maintain court-approved housing
Attend 1 monthly office meeting with Probation Officer
Indicate an initial understanding of substance abuse treatment
Enroll and attend 4 self-help or NA/AA programs per week (NA=Narcotics Anonymous, AA=Alcoholics Anonymous)
20 consecutive clean urine days needed before consideration for promotion to the next phase

Phase 2: Intensive Treatment usually lasts a minimum of 3 months:

Weekly random urinalysis
Attend 2 group therapy sessions per week
Attend 1 monthly individual session with assigned Substance Abuse Treatment Counselor
Attend court sessions bi-weekly
Locate/maintain court-approved employment, training and/or education
Maintain court-approved housing
Begin paying towards program fees
Attend 1 monthly office meeting with Probation Officer
Indicate an appropriate understanding of recovery principles
Enroll and attend 3 self-help or NA/AA programs per week
45 consecutive clean urine days needed before consideration for promotion to the next phase

Phase 3: Relapse Prevention usually lasts a minimum of 6 months:

Weekly random urinalysis
Attend 1 group therapy sessions per week
Attend 1 monthly individual session with assigned Substance Abuse Treatment Counselor
Attend 1 court session per month
Maintain court-approved employment, training and/or education
Maintain court-approved housing
Complete payment of program fees in full
Attend 1 monthly office meeting with Probation Officer
Indicate an appropriate understanding of a recovery lifestyle
Attend a 3 self-help or NA/AA programs per week
120 consecutive clean urine days needed before consideration for promotion to the next phase

Phase 4: Community Transition period usually lasts a minimum of 2 months:

Weekly random urinalysis
Attend 1 group therapy sessions per month
Attend 1 monthly individual session with assigned Substance Abuse Treatment Counselor
Attend 1 court session per month
Maintain court-approved employment, training and/or education
Maintain court-approved housing
Attend 1 monthly office meeting with Probation Officer
Indicate an appropriate understanding of community transition
Attend 2 self-help or NA/AA programs per week
Continue clean urine days until graduation

Once completion has taken place, the plea is withdrawn and the charges are Nolle Prossed by the State Attorney, which states that they are essentially, dismissed.

*Program fees and costs are subject to change without notice*

For More Information On Chris S. Boatright, P.A. Click Below:

Seminole County Criminal Defense Lawyer