What if I damage someone else′s property?
If you damage property, it makes little difference whether it was a car, home, school, or business. And it doesn′t matter whether the act was intentional or not. The issue becomes one of accountability and restitution. If the act is intentional or malicious, it′s called vandalism, which is a misdemeanor or a felony, depending on the amount of damage. Otherwise, it′s called criminal damage.
In 2003, 107,700 juveniles were arrested for vandalism. But most cases of property damage are accidental or careless. Some states set a limit on how much your parents have to pay for your acts of property damage, but it may be as high as $10,000. Other states have no limit, which means that you and your parents are responsible for paying for all damages.
Photo by Chris Willis
Defacing property means marking, scratching, or painting (tagging) property that doesn′t belong to you without the owner′s permission. For example, if you spray-paint graffiti on your neighbor′s car or fence, you′ve broken the law and are responsible for the repairs. Some cities are putting taggers to work removing or painting over graffiti.
States with major graffiti problems have passed laws that have serious penalties. In California, a second offense carries a $1,000 fine and six months in jail. If the child is unable to pay the fine, his or her parents are responsible. Texas has a similar statute. Rhode Island limits the use and possession of spray paint to those over eighteen, unless approved by the parents. Graffiti artists in Florida may lose their driver′s license for up to one year.
In January, 2011, police officer Cody Chapelle of Kentucky was suspended for 15 days for issuing a ticket to a 7-year-old boy. In October, 2009, the boy was playing in his front yard when his ball hit the officer’s personal vehicle. No damage was done but Chapelle yelled at the boy and accused his mother of being a bad parent. Then he gave the boy a citation for criminal mischief in the third degree. He stated his intent was to get the mother to discipline her son. After a lengthy investigation the charge was dropped and Chapelle was disciplined. “One of our greatest attributes we have as police officers is common sense. [He] showed absolutely no common sense,” commented Chapelle’s superior.
On the lighter side, not all graffiti is bad. In February, 2008 the National Portrait Gallery in Washington, D.C. put on display four 20-foot-long graffiti murals as part of the Smithsonian’s “Recognize! Hip Hop and Contemporary Portraiture” show. The underground street art of well-known taggers, Tim “Con” Conlon and Dave “Arek” Hupp exemplifies graffiti’s influence on modern art and that cultural expression doesn’t always have to conform to conventional norms. 
This post was written by Judge Tom. Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including the recently published 'Teen Cyberbullying Investigated' (Free Spirit Publishing). When he's not answering teens' questions, Judge Tom can be found hiking, traveling and reading.
Someone purposedly damaged my property(motorcycle) (no other vehicle was involved). The motorcycle was deemed a total loss because the repairs were more than the bike. If the insurance pays for the motorcycle (minus my deductible), can I still sue the person for all the damages, or can I only sue the person for my deductible. If the insurance does not pay the KBB [Kelly Blue Book] value of the motorcycle, can I also sue the person for the difference.
Judge Tom’s response:
Hello, Ernesto. Under the laws of most states, as a victim of a property crime, which this is, you have a right to be made whole — that means to be put back into the position you were in before your motorcycle was damaged. You may seek recovery of all out-of-pocket exoenses, including the deductible, that’s needed to either fix the bike or replace it with a similar model. Check the laws of your state to see what court you file the lawsuit if necessary. Try reaching an agreement first, though, before going to court. Maybe you can negotiate a figure that satisfies both of you. Good luck.
I let a friend put his furniture in my home while I was fixing it up to live in, He now is suing me because he says I got paint overspray on his antique dresser. The dresser has a smashed mirror and is hardley worth $1800.00 that he is asking for , Can he do this when there was no agreement just my kindness letting him have a place to store his stuff. He knew we would be painting in there.
Judge Tom’s response:
Since he has filed a lawsuit against you, it will be up to the court to decide the merits of the case. Be prepared to present your side of the story in a clear, calm manner. You asked “Can he do this . . .? and the answer is yes, anyone may file a lawsuit and the court decides whether it’s frivolous or not. Good luck.
If you are divorced and your ex has the primary custody of the child but you both have legal custody, who is responsible if the child damages someone elses property or hurts someone? Can the non-custodial parent be held financially responsible for it or is the custodial parent the one that is financially responsible. This would be for the state of Arizona
Judge Tom’s response:
Under Arizona law, the legal parents may be held responsible for the acts of their child up to $10,000.00. It doesn’t make any difference which parent the child lives with if both share legal custody. Each state differs in the limits for parental liability and custody, making it necessary to check the laws where you live. Thanks for asking.
Me my friends were playing in a Harris Teeters and got in a shopping cart. My friend accidentally pushed me into the electric door and threw it off track and cracked the glass. Im asking a, and I responsible seeing that my friend was pushing the cart and b, what would the penalty be. Im a minor and have no previous record and the crime was a more a lasp of judgement rather than a malicious act.
Judge Tom’s response:
Even though it may have been an accident, you are responsible for the damage. You could reach an agreement with the store and pay for the broken glass, or the local authorities may choose to charge you with a crime. If that happens, the likely penalty may include probation, restitution to the victim, and/or community service hours. Good luck.
My 15 year old while waiting to get a coke at a coke machine in his High School while at a volley ball game was standing infront of a cork board with masks made by other students. He hit at one of the face masks and put a dent in it and it fell of the cork board. The school saw in on a video the next day and now has given him a NO Trespass Notice for the entire year except to be at school from 8am to 3:30pm. No after school activities – he is a good student and plays sports. I want him to want to go to school. The principal said she could charge him with vadalism of school property. What is the criminal aspect? And how can they give a no tresspass for this?
Judge Tom’s response:
Since the school has him on video damaging the mask, they could refer this to the police who may seek vandalism charges. Under the trespass laws of your state, telling him to stay off school property unless he’s there for classes only, may be a lawful order. It’s not unusual to trespass someone if caught damaging property or causing a disturbance [at the mall, for example]. You may ask for a hearing before the school board to challenge the discipline. Check the school district’s rules and policy regarding student discipline. Good luck.
Hello I live in Florida and my neighbor has a sprinkler system that uses well water the water is hitting my house and making rust marks that I have to clean the neighbor says they lowered the pressure of water but it still isn’t good enough to stop the water from hitting my house. He is so rude I asked that he shoot the sprayers towards his house instead of mine and he laughed said it would cost to much money well it cost me time and money to clean I need your help
Dear Christine: Your question is beyond the scope of this web site which deals with general information and the law as it relates to teenagers. You might check with Legal Aid or your local court – they may have self-help services or a pro bono attorney available for consultation. Good luck.
Is it even possible for a person to sue you, for one thing an assumption that u did it and for another person’s property damage?
Dear Jamichael: It’s always possible for a person to file a civil claim or suit in court, but whether that claim will actually get very far in court is another matter. First, every court has a filing fee to file such claims, so for small claims or where the value of the item damaged is minimal, a person may choose not to file the claim to avoid having to pay the fee. The person filing the lawsuit (the “plaintiff”) will have the “burden of proof” requiring they prove their case to an established level of certainty, which is done through the presentation of evidence.
Hello,My Name Is Maddie Tyson I Go To A School In Ohio.Well This Morning Our School Was Closed Because Some Idiot Slashed Two Tires On Every Bus In The Schools Parking Lot,They Have Yet Been Caught But There Are Police Cars Everywhere And They Have A Video Of The Crime.Each Tire Is 200 To 300 Dollars And The School Has 33 Bus’s That Would Be About 20,000 Dollars Worth Of Damage…Would That Mean Would The Parents Of That Student Who Vandalized The Schools Bus’s Would Have To Pay For Repair?Would The School Have Too Pay For New Tires Or Would The Insurance Cover It? Also,Would The Child That Is Responsible For This Crime Be Sent To Juvie Or Jail Or Would They Just Pay For The Damage??
Dear Maddie: You have described what may be charged as property damage. Depending on the laws in Ohio, because of the amount involved, it is likely a felony crime. Some states set limits on parental liability for the acts of their children – $10,000 or $20,000 for example. You’ll have to Google this for Ohio for the specifics. What happens to the responsible person depends on his or her age, criminal history, and a number of other factors. The court will decide the penalty based on community interest and protection and what’s best for the defendant.
[This is information only - not legal advice].
hello.. my daughter and me live alone. the house is on a end block. although its council property i was allowed to put a fence up.we have had loads of trouble with kids from other estates.. coming into out estate causing trouble. numerous times ive had no choice but to call the police. but they never do anything . its a no win situation. febuary 9th 2010 my daughter and me were watching tv. blinds were closed. 4 girls were shining a lamping tourch through our window continuosly. the one girl in question is forever causing trouble in the neighbourhood.police dont do anything though. my dog was going mental. barking ,i went to the door to ask them to stop. only to get blinded by the lamp they shone in my eyes. then the abuse started. it was awful.my daughter went over to them but didnt no this one girl who is really bad news and enjoys fighting. the 2 girls jumped on my daughter. kicking and punching.. as a mother i could not stand by and watch this, i parted them. then as i walked away.. called her a low life. she is 18years old i am 42years old. i have never got in trouble ever. the boy who was watching and apparantly related to this girl.came and kicked my fence in.what a mess. i rang police and they came out..coutioned they.lol wow. council say there,s not enough funds to put me a fence back up.im a single parent and carnt afford it either, this boy is getting away with it. helpppppp seriously what can or should i do now?
Dear Theresa: Thank you for writing us. However, Askthejudge is an educational web site for teenagers about the laws that affect them. Consequently, we are unable to provide any adult or teen with specific legal advice. We suggest you contact a local lawyer or legal services organization that may be in your area. You may be able to obtain a free consultation for the first half-hour or so. You could also ask your local public library about legal services in your area. Good luck.
My son was with 2 other teens, caught doing donuts in high school parking lot.The constalbles let them go to their parents with a warning. Later they were turned in by another teen for damaging the baseball field and the football field with a truck. The police were at the school and questioned the 3 teens, and it is now turned over to the DA…what kind of charges is my son facing? He was not driving, only a passenger. My son is 16,and we live in Houston, Texas.
Dear Jolene: Even though he wasn’t driving, he could be charged with criminal property damage, trespassing, or as an accomplice to the incident. It depends on your state laws and the exact facts of the situation. It will be up to the police and prosecutor to file specific charges against those responsible for the damage at the school. Good luck.
[This is information only - not legal advice].
My daughter’s hair was pulled out by another student
this left a bald spot the size of a half-dollar on the
side of her hair by her ear very noticeable. It took
almost 10 years of her hair to grow to past her chin on
that side. We are wanting to go to small claims court
and sue for either 300 dollars for special hair products to help her hair grow back faster or receive
$45 every week for the next 6 months to take it to get
professionally conditioned. The school does not give
out addresses. We are wanting to press charges. The reason why our daughter didn’t defend herself is because she said if she would have hit her she would have put her in major pain so she just cried and told the teacher. She is in the 4th grade what are our rights here in Oklahoma and who should we talk to about this.
Dear Marvetta: If you are interested in pressing charges or filing a claim in small claims court, perhaps you could speak to a local attorney who handles civil matters and similar cases involving small claims. Keep in mind that every jurisdiction has a “statute of limitations” which are the time requirements for filing charges or civil claims. Good luck.
[This is information only - not legal advice.]
A lady’s daughter crashed into my parking gate. I own a condo in California. After three months, my HOA finally repaired it and isn’t going to pursue the lady or her daughter in small claims because she says it isn’t worth the effort. The lady claims that she will only pay damages within reason, but after three months has gotten no estimates on her own.
1) Do I or the Association need to wait for her to give us estimates before we get work done? Or don’t we have the choice on estimates?
2) Can I take the person to small claims court if my HOA already pays for the damages? Or would my HOA have to do it? Or could I go representing my HOA?
Thanks.
Dear John: Askthejudge.info is an educational website for teenagers about the law. Consequently we’re unable to assist you. We suggest you check with your local small claims court to see what their jurisdiction covers. Most courts have a brochure or handout explaining to the public their function and monetary limits for filing claims. Good luck.
[This is information only - not legal advice].
a couple months ago, my aunt was visiting and im not sure what happned but she ran upstairs to my room pulled me off my bed and just started trying to grab my phone and break it. i had to stand up for myself so i faught back because she wouldnt let go of me so i pulled her hair until she did. in the midst of this she grabbed my 500 dollar hp laptop and broke the screen which would cost more than its worth to fix. how can i get her to pay it back?
Dear Monica: We’re sorry to hear about this incident. Since a few months have passed and everyone has had a chance to cool down, maybe you and your parents can speak with her about what happened. She may understand your need for the lap top and her possible responsibility in damaging it. We say “possible” because there’s always two sides to every story. Otherwise, your parents might want to consult a lawyer about taking legal action. It’s usually best to avoid a lawsuit because of the time involved, expense and aggravation, but the courts are there to settle disputes. Good luck.
[This is information only - not legal advice].
what if some old teen i know did small damage how do i sue them if the person doesnt wanna give me their info ..will police make him give me their info if i call
Dear Demitry: Yes, by calling the police and reporting the incident, you may obtain a copy of their report with identifying information included. You can check with your local small claims court about filing a lawsuit and how to go about it. Good luck.
[This is information only - not legal advice].
My 11-year old son had his friend over at my house for the afternoon, and the friend ran into my sister’s parked car in my driveway while riding one of my son’s bicycles, causing $1200 damage to her car. I didn’t witness the accident, though the friend has admitted causing the accident. Who is responsible? The friend’s parents think I didn’t properly supervise and that I share 50% of the blame. I believe the friend’s parents have full responsibility; however, as a goodwill gesture I had offered to share the cost before they later blamed me (I’m feeling less motivated now, I must admit). Both homeowner policies, ours and theirs, have a $1000 deductible.
Thanks for the help.
Dear Niki: In most states parents are responsible for the acts of their children. There are exceptions depending on the specific laws of your state. Google the name of your state and “parental responsibility” for details that may apply to you. A reasonable resolution, as you mentioned, would be by splitting the deductible. That may possibly be the judge’s decision if you were to take this to small claims court. Always best, when possible. to resolve conflicts without resorting to legal means. Good luck.
[This is information only - not legal advice].
Today me and my friend we were playing soccer, kicking the ball against the wall of this warehouse(which is a county owned warehouse for storage which is LOCATED IN A PARK), which has no windows or anything that could be damaged,its just a plain concrete wall,as we were playing a park officer pulled up in his car & told us that we could no longer play there because he said that was “defacing county property and that we could get arrested if he was a police officer and that he would just let us go since hes nice (which he wasn’t because we have played in that spot for years and no one has ever told us anything)” , so my question is, if we are just kicking a ball against a concrete wall could that be defacing county property? if so, in what way? (remember there’s nothing that could be broken its just a solid wall)
Dear Marcos: The definition of “property damage” or “defacing property” may include what you and your friends are doing. If it’s a county building it must be on county land, so if you’ve been told not to be there you could be charged with trespassing if you return. If playing ball against the wall of the building leaves any marks or chips the block, that may constitute damage. It may be best not to press your luck and find another place to play. Good luck.
[This is information only - not legal advice].
i damaged a friends laptop , the screen is cracked but it still works, i wanted to buy a new laptop of the same kind and give the new laptop to the friend and keep the damaged one. but the friend wants the new laptop and the damaged one. who would keep the damaged laptop
Dear Tyron: Your friend is under no obligation to give you the damaged one just because you’re replacing it with a new one. You might see what a new screen costs to replace – it may be less than buying a new one. Check with Data Doctors, the Geek Squad at Best Buy or a similar retail store for an estimate. Otherwise your intention to replace the broken one is the right thing to do. Good luck.
[This is information only - not legal advice].
I have a 12 year old nephew. He and another boy are constantly arguing and fighting. Well yesterday my nephew had had enough of the name calling and the rude gestures, and so he took the other kids’ glasses and broke them in two. I was very shocked to hear what he had done. He is normally very shy and harmless. I am now worried about him. What can happen to him? Will he get kicked out of school? What type of charges can be brought up against him? We live in North Dakota.
Dear Jen: There are several possible outcomes here. First, if this happened at school, the administration may take action. If he broke a school rule he may be disciplined by an in-school suspension or possible expulsion depending on his discipline record and other factors. If this is reported to the police they may send it on to your local prosecutor. He/she may file a property damage charge against him or whatever criminal law applies to the facts of what happened. The other boy’s parents may also look to your nephew’s parents to pay for the broken glasses. You could also contact a local juvenile law attorney for more information. Good luck.
[This is information only - not legal advice].
While my daughter was sleeping over at a friends house, she swapped at a fly and in the process accidentally knocked over a vase which spilled water onto her friend’s laptop. Am I responsible for the damaged to the PC? My daughter explained that it was inadvertent and that the laptop was carelessly placed in a room full pf romping teens. The girl (homeowner) and her mom had stepped out of the house to pick up pizza for the sleep over and when she returned my daugther told them what happened. The girl tried to dry the laptop with a hair dryer, which caused further damage. Can this be covered by homeowners insurance? if not, am I liable as the parent for the damage?
Dear Tamika: Although this was an accident, based on your description, you may be financially responsible for the laptop. Every state has what are called “Parental Responsibility Laws.” These set a dollar amount for which parents are required to reimburse victims of acts of their children. In some states the maximum amount a parent can be required to pay is $10,000. In other states it’s higher or lower than this figure. Google the name of your state and the words “Parental Responsibility Law” for the details that would apply to you. Whether this is covered by homeowner’s insurance depends on the terms of the insurance contract. Read the policy or call the insurance company to see if coverage exists for this incident. Good luck.
[This is information only - not legal advice].
Hi. My name is Olivia and I am not a minor but I’m pretty close and I do have a pretty general question that I need an answer for. Two nights ago my car was broken into, before I even found out about it I was given a phone call by a police officer letting me know it had occured. It turns out they caught the guy right after he had broken my window and walked away with my ipod and fm transmitter in his pocket. The police retrieved my property from him and he was arrested. I only had to come outside to answer a few questions and there I was left with a broken window at 4 in the morning. The officer who helped me that night told me I could ask for restitution for the window from my insurance company. A few hours later I called them and reported the claim. They told me I would have to pay for the window since it was below my deductable of 250 dollars (the window replacement being 200). I told the insurance agent on the phone about what the police officer had told me and she abruptly said it doesn’t matter whether it was vandalism or if there was/wasn’t a guilty party, I would still have to pay the deductible. If I wanted my 200 dollars I would have to be responsible for going after the guy who broke my window. I am a 22 year old college student who does not have anywhere near those funds to be spending on a window that I did not break. 200 dollars is half of my monthly rent! Am I in the right? Is it my insurance company’s responsibility to go after restitution if there is a guilty party determined in the situation?
Dear Olivia: We’re sorry to hear about your circumstances. Some states will include restitution as part of the plea agreement so that the defendant has to pay restitution to the victim as part of his/her sentence. You could try contacting the prosecutor’s office who is handling the case and provide them with copies of the estimate to have the window repaired. You could also try speaking to another person like a supervisor at your insurance company to confirm whether the information provided to you is correct. Best of luck.
[This is information only - not legal advice.]
A few months ago a so called friend stole my ipod and lied to my face about it saying she had no clue where it went. Now just a few days ago she told someone that she had stolen it and showed them it for proof. It has my name engraved in the back of it. If her parents won’t cooperate they cops aren’t aloud to question her or look for it. So my friend is going to go steal it back for me today. But we have reason to believe that she has drawn on it with sharpie and vandalized it. If so can I go to the cops? What will they do? Can I get it fixed or get a new one from her just like my old one that she stole?
Dear Sabrina: If the phone is returned to you and you know for a fact that it is your original cell phone and it’s damaged, you can report it to the police. Let your parents know about this so they can attempt to resolve it short of going to court. Your parents are likely aware of small claims court which should be the last resort. Maybe the police, you and your parents can approach the alleged thief and her parents and discuss this. Good luck.
[This is information only - not legal advice].
My mother broke my wife’s family expensive camera. My wife’s parents purchased the camera which cost around $1,000 so we would have a nice camera to take pictures of our children and my in-laws grandchildren. My wife was teaching vacation bible school and our son was in the class. When my mom came to visit my wife asked my mother if she wanted to go to vacation bible school because our son and the rest of the class were learning songs. My wife had been asked to take some photographs of the vacation bible school class for the church bulletin. My wife had her camera inside of her purse and her purse was in the classroom. I called my wife’s cell phone and when she answered her cell she left the vacation bible school room because she didn’t want to have a phone conversation while the children were learning songs. She told my mother “it’s Paul I’ll be right back stay here and enjoy watching Paul (our son).” My wife walked outside into the church parking lot to talk to me on her cell phone. My wife tells me “I gotta go because your mom just walked out into the parking lot and dropped my camera.” My wife told my mother to get into the car so she could take my mother to the Camera Shop a couple blocks away from the church. My wife wanted my mother to know how expensive the camera was my mother had broken. At the camera shop my mother was talking on her cell phone and my wife told the camera shop worker “wait for her to get off of the phone because I want her to hear this information … can you believe she is talking on the phone … wouldn’t you be upset if someone just broke your camera and they weren’t paying any attention.” My mother got off of her cell phone and asked the camera shop worker if the camera could be fixed. The camera shop worker told her no, and, my mom asked the the camera shop worker if my wife could tape the camera back together. The camera shop worker said no. My mother inquired how much it would cost to replace the camera and the camera shop worker told her around $1,000 but she was selling her old camera for $500.00 and her old camera would be an adequate replacement for my wife’s camera. My mother asked about fixing my wife’s camera and the camera shop worker said it would cost $70.00 just to have my wife’s camera that my mother broke put into the shop and it would be a waste because the camera was damaged beyond repair. My mother wrote a check for $70.00 made out to the Camera Shop. My wife told my mother her mom and dad purchased the camera to take pictures of our children. My wife’s dad asked my mother about the camera when they got back home. My mother said it was an accident. My wife, myself and my wife’s parents asked my mother why she took the camera out of my wife’s purse. My mother said she was afraid someone would steal it. To this we replied that no one knew the camera was in my wife’s purse and if someone stole the camera and / or my wife’s purse it would be my wife’s responsibility. My wife told my mother how she told her she would be right back and to stay inside and enjoy watching our son. At no point did my wife tell my mother to watch her purse or camera. We questioned my mother several times why she took my wife’s camera out of her purse, and, told her she had no right to take anything out of my wife’s purse. My father-in-law said he didn’t have the money to go out and purchase another camera and if he did he would because he said he could tell my mother was angry we were telling her she is responsible to replace the property she damaged beyond repair. My mother says she isn’t responsible for the camera because she didn’t mean to drop and break it. My wife and her parents tell my mother it doesn’t matter if breaking the camera was an accident she is still responsible to replace the camera. I’m very embarrassed and ashamed my mother hasn’t done the right thing and replaced my wife’s family camera. My question is, is my mother responsible for replacing my wife’s camera she took out of my wife’s purse, walked with outside, dropped on the pavement, and causing the camera to break beyond repair? Or is my mother not responsible because my wife left her purse inside the vacation bible school classroom giving my mother the opportunity to get her hands on my wife’s camera? Please tell me how to convince my mom she is responsible to replace the camera since her actions damaged the camera beyond repair. Or, tell me if my mother isn’t responsible for damaging my wife’s camera because it was an accident and my wife walked outside without her purse. If my mom is responsible for replacing the camera she damaged by taking out of my wife’s purse without permission, walking outside, dropping the camera on the pavement breaking the camera please tell me how to convince my mom she needs to do the right thing and replace the camera she broke.
Dear Paul: Askthejudge is an educational website for & about teenagers and the law. As such, we don’t provide legal advice to adults or teens. Your issue deals with personal property law and legal responsibility for damaging another’s property. We suggest you attempt to settle this without resorting to legal action. The camera, even at $1,000, may not be worth the hard feelings and possible estrangement among family members if lawyers and a court become involved. Good luck.
[This is information only - not legal advice].
I’m the manager of a shoe store. Yesterday, this couple came in and the lady was trying shoes and damaged one of them. We told them they had to at least pay for half the shoe price before we continue providing them service. They didn’t want to pay for the damaged shoe but said that it was illegal to refuse service. Any advise on a situation like that? Where could I find the laws that rule a retail business so next time I’ll know if they’re taking advantage of the store? Thanks!
Dear Lino: Askthejudge.info is an educational website for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens. We suggest you contact a local business attorney about this situation. Some lawyers provide a free consultation for the first 30 minutes. Ask about this when you call. Good luck.
[This is information only - not legal advice].
Hi. I live in Va. I just bought and built a house onto 11 acres of land right beside my fiance’s 2 aunts, uncle and nephews, all on one side. We bought the land from one of the aunts. The problem we are having is with the 16 year old first tresspassing, taking down the fence we built twice (the last time was today! after we talked to his parents and him!) and took his truck and distroyed the road they made driving their trucks back and forth. The parents won’t do anything. What should we do? Like I said its family we don’t want to resort to charges and we talked to them all over and over. Thanks!
Dear Laurie: If you don’t want to involve the police and make a formal complaint, then you will have to continue trying to work out an agreement with the teen and his parents. Perhaps you could try sitting down with all of you and discussing the matter and reach an agreement. Also, you could consider contacting a local attorney who handles property issues to find out what your rights are under your state’s laws. The attorney may be able to write a letter to the family, which could result in the teen respecting your requests. Good luck.
[This is information only - not legal advice.]
Is this damage or any form of law breaking.
Accidental leak of period blood on the school chair.
Dear Aroush: It would depend on the specific laws of your state or country, but it’s very unlikely that criminal charges would be filed for this type of accident. However, if the school requested money to replace or repair the damaged property and the money was not provided, the school could attempt to press charges by complaining to the police. It would still be up to the police and the prosecutor’s office whether or not to file charges. Most states have specific laws concerning the value of the property that was damaged. For example, if the value of the damaged property is less than $250, it may be considered the lowest level misdemeanor offense if charges were filed and it would be likely that a diversion program would be offered. Good luck.
[This is information only - not legal advice.]
Me and my ex gf had a huge breakup. She wouldn’t talk to me for weeks even after I had repeatedly tried to get my valuables back (ipod and others). She made a claim that I had been living there and they couldn’t pay the rent so I made an agreement with her aunt to swap 200 dollars for my stuff. Later, I find my ipod is cracked in half and that was my most expensive item. I didn’t notice until after the exchange or I wouldn’t have done it. She claims it was “given” to her but its under my name and I have documented receipts prooving this. Is this enough to take to court for property damage considering its an Ipod and worth almost 300? Or will I be laughed out of the court room?
Dear Martin: You won’t be laughed out of court but you may not win either. Unless you can prove how the iPod was damaged and who is responsible for the damage, you don’t have a case. If you decide to sue in small claims court and you lose, you may be ordered to pay her court fees. So think long and hard before taking legal action. You may have to bite the bullet on this one. Good luck.
[This is information only - not legal advice].
My car was parked in the parking lot where I work and someone vandalized my car by breaking the window and damaging the window frame. The company work van was also vandalized, and our office was broken into with a significant amount of property taken. When I parked my car in the office parking lot my supervisor knew my car would remain in the lot until I could make arrangement to have some mechanical work done. My car was on the property for approximately a week and a half when the vandalizm and break in occured. I have been told by our company’s insurance department that they are not responsible for my damages and I will have to file it on my insurance. The police investigaters believe all damage inside the building and the parking lot where done at the same time by the same offenders. Is the the company insurance responsible for paying to have my car fixed since they allowed me to keep my vehicle on their property without a waiver or anything.
Dear Wanda: AsktheJudge is an educational website for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens. In your situation it will be the terms of both your insurance policy and that of your employer, along with the property damage laws in your state that will be the basis of a liability determination. We suggest you speak with an accident lawyer regarding your rights in this matter. Good luck.
[This is information only - not legal advice].
My son and several friends without my knowledge egged two cars in our neighborhood. They called the police and gave the name of the car the kids got into after the incident. The police contacted the kids and told them they needed to return to the home and clean the cars. While they cleaned the officers came back by and told the kids there would be no further action. Our son and friends did not tell us about the incident. 2 months later I recieved a call from a female office, (the orignal officer who spoke to the boys the night of the incident was male), who informed us that there had been damage to both cars totally $5400.00. That the owners of the vehicle did not want to have contact with the parents or kids directly, but that she was attempting to avoid formal charges being made against the boys by getting us to pay for the damages. She stated that we would give her the money and she would give it to the families. (Total of about $600.00 per kid). Our fear of our son being charged with a Felony class 6 in VA, having a permanent record and possible jail time has convinced us to consider this seriously, but does this not seem strange to you that the officer is negotiating this deal? What prevents the family from still pressing charges later on? What type of documentation should we get to protect ourselves? Would you advise to not make this deal? Our thinking is $600 is probably cheaper than getting an attorney and going to court.
Dear Kevin: We suggest you discuss this with the officer’s supervisor or another police officer and/or a lawyer before taking any action. We cannot provide you with legal advice but your concern is justified. Good luck. Let us know what happens.
[This is information only - not legal advice].
My son is 13 and he was picked up for curfew violation on Jan. 9th 2011. The day after Martin Luther King Day we got a call from a police detective wanting to interview my son. We had the flu and she decided to interview him over the phone instead of in person so she did not risk infection. Apparently the night he got the curfew violation he was the “look out” for his friends that were breaking into cars. The detective told me that he was being charged with 2 counts of 2nd degree burglary. I was told the DA would send me an intake letter and I’ve not received anything. His court date for the curfew violation is Feb. 24th… could they charge him then for the other two crimes? If not… how long does the DA’s office have to file charges against him?
Dear Robin: Your state’s “statute of limitations” applies here. That means every crime has a time period for formal charges to be filed. Usually a misdemeanor has one to two years for the DA to file and longer if the crime is a felony. When he goes to court for the curfew ticket he could be served with papers then regarding the burglary incident. On the other hand, he could also be served personally at home or receive the papers in the mail. Don’t miss any court hearings or an arrest warrant can be issued by the judge. Good luck.
[This is information only - not legal advice].
I have been borrowing my boyfriends tv until I can afford to get my own. Recently i was trying to move it into the living room when i hit it against another piece of furniture and it cracked internally (its a plasma). Its a goner and I cannot afford to buy a new tv so what I wanted to know will my renters insurance cover it because in my papers it says it covers “Damages to others’ property for which you may be liable” … i want to know before i file a claim ( I do have full replacement also)
Dear Ann: As in any contract, what’s covered or not depends on the terms spelled out in the document. Check the fine print or definitions included in the contract. If you have a question about coverage, call the insurance company and ask if the damage to the TV is covered. Good luck.
[This is information only - not legal advice].
I broke into the local library what will happen to me? I’m 13
Dear Juan: The possible consequences depend on a number of things including the circumstances of the incident, your state’s laws and whether you have a criminal history. If you’ve never been in trouble and if nothing was damaged, it’s possible that you may be offered a diversion program. If this happens and you complete the terms of the program, the charges would be dismissed and the case closed. Otherwise you may be facing probation with community service, payment of a fine/restitution and attending a class or counseling. Time in detention also may be an option, but if nothing was damaged and if this is your first offense, it’s not likely. Remember that the penalties will get more serious for additional offenses so we hope you learned from this incident. Good luck.
[This is information only - not legal advice.]
My 14 y/o son and his friends were playing around out in the street throwing snow balls at each other when some older boys (16 y/o) showed up. My son threw a snowball at one of his friends and it missed and hit one of the older boys. The older boy got mad and started to chase my son. My son turned to run and didn’t realize there was a parked car right behind him. He ran into the car face first and his tooth hit the small area of metal that runs between the front windshield and the side windshield causing his tooth to break in half and a smaller than a pea size chip in the cars paint. Our neighborhood has an ordinance that cars are not allowed to be parked on the street. The car parked on the street in front of a neighbors home while attending a holiday party at the neighbors house. Although this was definitely an accident and we accept our responsibility, I feel that the older boy who chased my son as well as the neighbors who were having the party, are also all since my son was being chased AND the neighborhood ordinance prohibits street parking. The owner of the car has sent me a certified letter w/an estimate attached and has stated that she wants me to pay her $500 deductible to have her vehicle fixed. I feel that this amount is excessive and that she should get at least 2 more estimates. Secondly, I feel that whatever the cost is, that the home owner as well as the parents of the other child are also all liable for damages. What are my options?
Dear Stacey: We’re sorry to hear about you and your son’s situation. AsktheJudge provides information concerning teens’ rights and the laws that affect them. Your question concerns a civil matter. You could try contacting a local civil attorney in your area for more information and advice as to whether you should pay the requested amount especially considering your neighborhood ordinance. Many attorneys offer a free initial consultation at which time they would meet with you briefly. Good luck.
[This is information only - not legal advice.]
Hi, i just want one question answered.
How long does one have to file… Criminal Charges against a juvenile, because the have he said she said evidence against 2 dents in their car, the “accuser” says that two people did it, but one had not done it… thats besides the point, but they threaten after… ide say 6 months give or take a few, that they were going to be taking one to court… w/o paying for the damages yet, there just going to get an estimate from a car repair shop & use that?
Dear Justin: Most crimes have what is called a “statute of limitations” that specifies the maximum time for filing formal charges. For example, shoplifting charges can be filed up to one or two years after the incident. To find out the time period in this case, Google the name of your state and “criminal damage.” Good luck.
(This is information only – not legal advice).
Hi, recently I vandalized someones car. I wasstartidng a new medicine, and after two glasses of wine, I dont even remember what happened really. Come to find out from my doctor, I had a reaction in which I did not mix well with the medicine for it can cause serious irrational and violent behavior. The night it happened I fully took responsibility and signed to cover the damages. Charges were not pressed against me. Devastated the next morning after what happened I was beside myself because in my right state of mind I would never ever do something like this! The neighbor (at an appt complex) knew me and we were always friendly for atleast ten months! I got a note in front of my door explaining I had 10 days to pay her 7,000 dollars!!! ( THAT I DO NOT HAVE, yet might be assumed because I drive a lexus and so does my fiance’) A few days later, I was able to knock on her door. She acted afraid of me and barely opened the door explaining that she was too uncomfortable. I was devastated, tears flowing. I even showed her my medicine, I said a doctor can testify to you if you need, and really opened up to her about some things and was truly so sorry. I validated her feelings and explained how awful it must have felt and how its now a pain for her to have to deal with this! I asked her if she could go through her insurance because I DO NOT HAVE THAT KIND OF MONEY. I am 22 years old, and NO the bank will not give a loan, especially in this economy. She was also judgemental about tehe fact that my mother or father werent going to give me 7,000… She made me feel like she was digging in trying to find some kind of reason why they wouldnt! My parents love me to death, but they arent going to give me 7,000. No one understands why, after I was so sorry, no sleep for days, and formally apologized to her, WHY she would still want to pretty much make me BROKE, for actions I did not mean malicously. She told me she had to think about it and would get back to me. Now keep in mind, she said with the appraisal that I could make payment directly to her! RRRIIIIGGGHHTTTT.. like Im going to give someone 7,000 (IF I HAD IT TO BEGIN WITH) so they can pocket 6,000 and go through insurance. If it comes down to it I will put it on a CC DIRECTLY to the place of repair.
What do you think?
Do you think she should go through insurance? Do I HAVE ANYYYYY options???? How can i convince her to understand it was not malicious and I am more than sorry?
Dear Carly: AsktheJudge.info is an educational website for & about teenagers and the laws that affect them. We do not provide legal advice to adults or teens. We suggest you speak with a lawyer about this if she decides to take legal action. Your legal options will be explained to you. Good luck.
(This is information only – not legal advice).
ok my brother was convicted of vandalism penal code 594(a)/(b)(1)oc m possession device for vandalism or graffiti 594.2(a) PC m and he didnt comply with the courts request. the truth is my mother was diagonsed with cancer and has been in and out of the hospital we have been taking care of her. i know this no excuse for him not take care of his is there any way or something we can prove to the court this is the reason he didnt comply? please help? i dont want to see him in jail? thanks so much
Dear Maria: We’re sorry to hear about your Mom. Your brother should contact his probation officer or whoever he dealt with at court and explain the circumstances. A letter from your Mom’s doctor could help but he’ll still need to follow the court’s orders. He can ask for additional time to comply. All the best.
(This is information only – not legal advice).
My 15 year old son was arrested for crimianl damage to state funded property. A 16 year old licensed driver (who did not get into trouble) let him and two other kids driver her car at our city park. They drove on the grass and caused minor damage to to the grass. Someone that saw it called the police and they were arrested for criminal damage to state funded property, according to the police officer. The officer let us know that juvenille probation will call us and let us know what to do next. He said he will have to go in front of a judge and probably just have to do community service. I have heard that this may be a felony because it’s a city park? Do I need a lawyer?
Dear Michelle: Whether the offense can be charged as a felony depends on the laws of your state, but if the damage was minor, it is likely that it will be charged as a misdemeanor. You probably don’t need an attorney at this point as you can wait for the first court date at which time you will find out more about what he’s being charged with, the penalties and his options. If this is his first offense, he may be offered a diversion program. Upon successful completion of the program, the charges would be dismissed and the case closed. Good luck to you and your son.
(This is information only – not legal advice.)
My neighbor had his privacy fence spray painted in August 2010. The guys/company he hired got overspray on our two vehicles. We incurred over $500 of out-of-pocket expenses and our insurance company covered the additional $500+ cost to remove the paint. Our neighbor thinks this is funny and is not responsible, although this took place on his property. The company he hired has not responded to our insurance companies numerous letters. Can I sue the company and neighbor in small claims court? Can the neighbor be held responsible for the damage to our vehicles that were parked in our driveway?
Dear Katie: AsktheJudge.info is an educational website for & about teenagers and the laws that affect them. We don’t provide legal advice to teens or adults.
We suggest that you contact your local small claims court and inquire about their jurisdiction. They more than likely have information about the cases that can be filed there, whether you need a lawyer (probably not) to file a lawsuit, etc. Good luck.
(This is information only – not legal advice).
18 yrs old man vandalized my home. Destroying personal and dwelling property worth over $20,000. Can I go after his parents for financial restotution? This happened in NY.
Dear Mayra: If he has been arrested and charged with a crime, let the prosecutor know about the extent of the damage. Most prosecutor’s offices have a victim’s assistance person who can see that you are protected and advised in this situation. You have rights as a victim to ask the court for restitution. Otherwise you can talk with a lawyer about filing a civil lawsuit for the damage done and restitution. Good luck.
(This is information only – not legal advice).
I carved a small message onto a school lab table in my high school in New Jersey. I was caught and my teacher informed me that I will be reported to my school administration for defacement of school property. I’m a 17 year old senior. What will most likely happen to me? Will this affect chances of college scholarships? Will my parents still have to informed even if I have the money to compensate for damages if under $250? Will I have any sort of record because of this?
Dear Matt: Your school may choose to discipline you (detention, etc.) and ask that you pay for the damage. Whether or not the administrators will choose to tell your parents will be up to them and your school’s policies. You could ask the school officials to take care of this on your own, accept responsibility and pay for the damage. The incident could be reported to the police in which case you probably would receive a notice in the mail to appear in court. Otherwise, if the school handles the matter without notifying the police, you will not have a record and it probably will not affect your chances for a scholarship. Good luck.
(This is information only – not legal advice.)
I put dirt on the dean’s car after school. She says the repairs will cost $1000. I was just being stupid and want to avoid a stigma on my record. I am 12 and live in Nevada. What could my punishment be?
Dear Qureshi: If you and your parents agree to pay for the damages and repairs, then the matter may be handled with your dean and not with the court’s involvement. However, if your dean chooses to press charges and report the incident to the police, then you could have to appear in court. Otherwise, your school could discipline you through detention, suspension, etc. Talk to your parents about the incident and perhaps you and your perhaps could sit down with the dean to discuss what happened and how you could take responsibility for it. Good luck.
(This is information only – not legal advice.)
My parent’s are going through a divorce, but are not yet legally separated. My step-mother is threatening to press charges against me for vandalism, because I removed a door that separates the living room from the rest of the house. Their are no legal documents that divide my house.
Can she press charges of vandalism against me even though it is within our house? I am 18 years old, living in Washington state.
Your response will be much appreciated.
Dear Tyler: If your stepmother’s name is on the title to the house or she’s a co-owner of the property, she may have a right to see that the home is properly cared for. Discuss this with your Dad so you can work something out rather than going to court over this. As far as criminal charges against you, it depends on the laws in your state. You can Google “Washington property damage laws” for information on this. Good luck.
(This is information only – not legal advice).
I have an 11 year old girl who was caught writing on playground equipment a small heart was the only thing she drew. Police brought her home told me and a few weeks later a detective calls and said we have to either go to a juvenile hearing done by the town or Family court for this is a misdermenor. I do not want this on her record as she is a young child. Never gets in trouble. How do I get this off her record and do they (police) have to charge her with this? Is it up to the police chief?
Thank you for an info.
Dear Deb: The decision to file charges, whether formal or informal, is up to law enforcement (the police and local prosecutor). Your daughter will most likely be offered a chance to participate in a diversion program. When she completes the terms of diversion, the case will be dismissed and she shouldn’t have a record. Considering her age, she will probably be talked to about what she did and that will be it. Or she may have to write a paper about the incident and what she’s learned from it. It all depends on the court’s policies in your area. Good luck.
(This is information only – not legal advice).
I was at work and using a pen on the touchscreen. I was doodling with it and evgraved it into the touchscreen. It then the screen broke, they have me on surveillance, I talk with the owner tomorrow, What are some possible outcomes for me? Will I lose my job, go to jail, etc? I am fine with paying for it and also, can I quit if they don’t fire me. I am 15 and live in Canada..
Dear Carrie: Explain what happened and that you didn’t vandalize the screen intentionally. If it was truly an accident tell your boss and, as you suggested, that you’ll pay for the damage. If you’ve been a good employee up to this incident, there shouldn’t be a problem. In order for criminal charges to be filed, the police would need evidence of intent to damage. This sounds like an accident that you can make right with your employer. If it goes the other way and charges are filed, speak with a lawyer who will advise you. Good luck.
(This is information only – not legal advice).
I. have been tagging alot all of my school. and I got caught and arrested there charging. me with vandalism and graffiti what penalties would I be faceing?
Dear Sean: What consequences you are facing will depend on the amount of damage and your criminal history. If this is your first time being charged and going to court, you may be offered a diversion program. You may be ordered to clean up and repair any damage you caused, complete community service hours and/or pay a fine or restitution. Remember that the penalties will increase for additional offenses, so we hope you learned from this. Good luck.
(This is information only – not legal advice.)
What would be the most efficient and civilized process to recoup my repair cost if, say, someone maliciously or unintentionally damaged my laptop in a public setting (i.e. a Starbucks)? I know it sounds so basic but Im thinking I would have to get their contact information as a starting point, no? Any guidelines would be greatly appreciated!
Dear Michael: We suggest starting off with a simple request in person or writing. As you stated, his or her contact information is necessary. If the matter can’t be resolved amicably, you may want to speak with a lawyer or consider small claims court. However, the additional time, effort and expense of this may not be worth pursuing. Good luck.
(This is information only – not legal advice).
Hi I am 14 and I was with some friends who sprayed weed and grass killer on a neighbors lawn and he found out it was us what kind of punishment could I get in even if I did not spray any of it
Dear Ty: If the neighbor chooses to get the police involved and knows that you were present, it’s possible that charges could be filed against you. If there is evidence that you were there and assisted in any way like being the lookout or supplying the weed killer, etc., it may not matter that you did not actually spray any of the weed killer, but this may depend on the specific laws in your state. If charges end up being filed and you have to appear in court, you may be offered a diversion program if this is your first offense. Good luck.
(This is information only – not legal advice.)
I have a son who is 14. He and one of his “friends” found a can of spray paint and painted in our school bus barn. The other child painted the name of a neighboring town and discharged a fire extinguisher on a bus. My child painted an x and stood there and watched the other kid. This is first and better be last offense, he has good grades, does well in school and never in trouble there. Police notified me yesterday they have this on camera. We have a meeting with police scheduled. We live in Oklahoma. What should I expect?
Dear Jeri: In this situation, the police have several options. They can refer the case to your local county/district attorney to file charges against your son. Or they can decide to resolve the matter with you and your son without going to court. He may be referred to what is called a “diversion” program where he’ll be required to complete some community service (removing graffiti, etc.) and then the case will be closed. If formal charges are filed, you’ll be notified of a hearing date and the legal process will be explained to you when you go to court. Good luck.
(This is information only – not legal advice).
Hi, my name is Daniel Sponaugle… If a house was broken into and vandalized and the vandalizers were caught.. but the house was sold can charges still be pressed?
Dear Daniel: Yes, charges can still be pressed as it’s ultimately up to the police and the prosecutor’s office to file charges and not the individual homeowners. Although the homeowners usually make the complaint to the police, the police and prosecutors take over the investigation and the initiation of a criminal case from there.
(This is information only – not legal advice.)
If a person pastes up biodegradable posters on walls and public property, are they liable for vandalism? They aren’t using paint or pen to graffiti, so is it an issue? Are they guilty of Public Mischief?
Dear Nick: Whether this would be a crime or not depends on the local laws about vandalism. You need to read the language defining these acts. If not a “crime” it may constitute a civil infraction much like some traffic offenses resulting in a fine. Better to find out first before plastering your area with the posters. Good luck.
(This is information only – not legal advice).
Ok, so it is the 2nd day of school, I have to ride my bike where i want to go for it, beacuase I can not afford a car. i hook my bike up to a metal hand rail (principle said to) and i leave to get lunch. 10 minutes later I come back and my back tire is bent to heck. that night me and my dad try to fix it, and almost did it. so on the 3rd day of school i push off for a class about a mile away, and it bends to beyond repairs. i’m pretty sure who did it, because we have a “history” together. can i sue for vandalism, or property damage, or what?
Dear Erik: Before you go to court, you need to know for sure who is responsible for the damage. Suing “on a hunch” will cost you and your Dad time, effort and expense. Think about a meeting with this suspect and his or her parents to resolve this. Many times, it’s advisable to attempt a settlement of disputes first and save the lawsuit until it’s absolutely the last resort. Good luck.
(This is information only – not legal advice).
Just curious on my possible rights… we live in PA and I received a phone call today from the superintendent of our school district stating that she has video of my 7 year old son pushing a cart in the school gym which resulted in (per her words) “unintentional damage” and she is stating that I must pay for to have to floor repaired. Is this really true? Do I have to pay for something that was an accident of a 7 year old… if it even was my son that caused the markings on the floor. They are stating that this happened in mid August, but have just notified me today, September 13th. Any advice will be greatly appreciated!
Dear Kristen: Every state has a parental responsibility law holding parents civilly responsible for the acts and torts or damaged caused by their children. Try Googling your state’s name adn “parental responsibility law” to find the specific law in your state and the dollar amount a parent can be held liable for when their child causes damage to someone else’s property. Since you are just now learning of this incident, you may want to ask for a meeting with the principal to review the videotape. Good luck.
(This is information only – not legal advice.)
My boyfriend broke my phone and vandalized my car..from which he got a ticket for but now hese in jail for domestic violence..im wondering if and when i have to go to court to ask for restitution cuz all the case info is private now online…who can i ask???
Dear Lucia: If he’s been charged with offenses against you, the prosecutor will be notifying you about his court hearing. You have rights under your state’s Victim Rights laws including notification of all proceedings. If he pleads not guilty to the charges, a trial will be set and you’ll be subpoenaed to appear at the hearing. The local prosecutor’s office may also have a Victims Assistance program where someone is assigned to your case and whose job it is to keep you posted on case developments. Contact the prosecutor and ask about this. Good luck.
(This is information only – not legal advice).
My 11 year old son tried to throw a rock across the street on his way to school and it hit a 2007 chevy impala the guy yelled at my son took his name and grade then met him in the office the sro officer wrote out a report in the report it said damage under $400 the guy ran and got two estimates one was 1,200 and another was about 1,100 I called to set up at meeting with the man my son threw the rock at to see what kind of damage this rock caused he claims the rock bounced 4 times but in twice on the arm paneling of car then to mirror then to the side of car door the scratched I told him I wanted him to go and get 2 more estamates and this time of only the spot my son caused because the whole car had scratches and dents in it and in the estamate it has the whole right side from front bumper to rear right tail light including right rear window removed and replaced so basicly he is wanting the whole rt side of his car painted and fixed since then he has drove by my son yelled his name also made faces and when my son told me I started walking him to the cross gaurd and brought it to her att. and the next day he stops in the mid. of the road and ask if I was his mother ( why does he need to ask her that) he met me I shook his and and took pictures of his car when we met.. I called him to settle also asked him for the other estamates and also told him to stop harassing my son or I was filing a police report he agreed to take $50.00 I told him I would call him after I got off work and we would meet upo at city hall to get a public notary to sign off on a release of all liabilty of is car he agreed as soon as I got off work his phone was cut off I tried calling several other times and its still cut off tonight the 9/27/2011 my son was arrested and put in cuffs for vandalisim of $1,200 dollars worth of dammage and I had to wait by the phone for juvinile to call and tell me when I can come and get him what can I do if theres anything I can do
Dear Betty: Since your son has been charged with a crime, he’ll have a court hearing soon where he’ll be given an opportunity to explain what happened. He may first meet with a court or probation officer and if this is his first offense, he may be eligible for what is called “diversion.” Once he completes the diversion program, the charge will be dismissed and he won’t have a record. If he pleads not guilty, he’ll be assigned a public defender and you can explain everything to him or her. Good luck.
(This is information only – not legal advice).
I had a group of teenage boy vandalize vehicles on our street last weekend. I was awake and caught them in the act of damaging my car and ended up getting the driver’s license plate. We are only able to press charges on the driver of the vehicle because he will not give up the name of his friend who actually did the physical damange to our vehicle. Is the driver of the car equally responcible to the damage of our vehicle? We live in Texas.
Dear Ashley: It depends on the property damage laws in your state and may also depend on the conspiracy laws. However, if the prosecutor’s office cannot identify who the driver was and the defendant is unwilling to talk, they may not be able to prosecute him. Click here to see the criminal mischief law in your state. Good luck.
(This is information only – not legal advice.)
My son and a friend both 17 were charged with criminal damaging and reckless op for allegedly driving through an empty field. we have yet to go to court or plead anything but we are from a small town where we have had some “issues” with school officials (unrelated to this)and one of the officers who is from our town and friendly with the officials i spoke of told my son he was going to be sure to tell the school about this incident, which he did and now these school officials are causing problems for my son on his athletic team. My question is does this officer have the right to discuss this case involving a minor with ppl other than those directly involved? isn’t there some kind of confidentiality policy for law enforcement?
Dear Melissa: It’s not uncommon for schools to find out when their students are facing criminal charges as the penalties imposed may involve the school on some level. For example, keeping grades up and above a certain average may be part of a juvenile’s probation. However, if you believe this officer is telling other people not involved in any way, you could try contacting the police department and ask to speak with a supervisor or bring it to the judge’s attention when you go to court. Good luck to you and your son.
(This is information only – not legal advice.)
my daughters boyfriend took her truck and was driving down the road slowly and they stopped him and then they had words and the man tried to get him out of the truck to beat him up and his wife opened up the passenger door and hit him in the head with a bat and then busted the windshield and put a big dent in the side door and also did some other minor things to her truck,can we do anything to make them pay for the damage, I live in Texas..
Dear Penny: AsktheJudge.info is an educational website for & about teens and the law. We don’t provide legal advice to adults or teens. We suggest you speak with a lawyer and/or the police about this situation. It is possible that criminal and civil sanctions may apply to what happened here. A lawyer can assess all the facts and advise you on how to proceed. Good luck.
(This is information only – not legal advice).
My 14 yr old son and his friend were screwing around and lit a t-shirt on fire which then caused the building they were behind to catch fire and it totalled it on the inside. We just found out about this yesterday My son was questioned and immediately confessed. It was unintentional but he still did it. What can his dad and I expect to happen. He was the one who lit the shirt and we live in Minnesota.
Dear Elizabeth: The possible consequences will depend on your state’s laws, the amount of damage involved and your son’s criminal history. He may be placed on probation and ordered to pay the restitution (cost for the damage), complete community service hours and may have to attend an educational class or counseling. When you go to his first court date, you will find out more about the court process and the possible consequences he’s facing. Good luck to you and your son.
(This is information only – not legal advice.)
Hello. Im darren. I lived with a distance relative while studying at college and at college last week her son had sadotaged my laptop and had wiped the hard drive clean leaving the laptop useless and me being kicked out of college as I had no work as it was on the laptop. The laptop was valued at arround 450 pounds with months and months of work stored to it. Is there any legal action I could take? Thanks for the help
Dear Darren: It will depend on the laws of your state or country. In the U.S., you can always file a civil claim against your relative’s son for the damage he caused, but it’s not always worth the time and court costs involved. You may want to speak with a local attorney in your area who handles civil matters and claims in small claims court to discuss your best course of action. Good luck.
(This is information only – not legal advice.)
My teenage child was accused by a passerby who called the police of causing minor damage (tire tracks)to a yard that is private property and is being charged with damaging. My question is that since the citation specifically says damaging on private property and the land owner is not interested in pressing any charges would a statement from him affect or keep these charges from going forward or is it the law enforcement that presses charges regardless? Thanks
Dear Melissa: A statement from the land owner could certainly help persuade the prosecutor to either dismiss the charges or offer your child some type of diversion program. However, it is ultimately up to the prosecutor’s office whether or not to continue moving forward with prosecuting a case. Good luck to you and your child.
(This is information only – not legal advice.)
Hi there my name is Betty I have an 11 year old son we live in TN, My son was walking to school and he picked up a rock an decided to throw the rock it hot a 2007 Chevy impala the guy stopped and yelled at my son and took it to the principal and SRO attention the SRO put in his report estimated damaged under 400 dollars but the guy ran and got 2 estimates done on his vehicle and they was over 1000 dollars worth I called and we met up he has alot of previous damage to this car all around it. In the estimate he has the whole right side of his car being repaired I asked him where did the rock hit his car he claims ir ricochet 4 times once on the window pillar than about 6-7 inches above it then over to the mirror then down along the side where the car door meets with the rt. fender I told him this was impossible with just one rock and to please go get another estimate done of just the damage my son caused I would be willing to pay for the damage just my son caused his wife agreed my husband and I told him we would contact him in a couple of days he said ok well I tried to call him 2 days later and he had his phone cut off so I tried to contact him. In the mean time he would stop and yell at son on his way to school just yell his name or just slow down and give my child some evil looks I did let the crossing guard and the SRO officer know aware of it. the remainder of that week same thing that monday I finally got a hold of him and he claims he was out of town I asked him if he had the estimate and he says no I also told him that he needed to stop harassing my son this was no longer between him and a 11 year old it was between him and I the SRO officer and I both told him that I would file a complaint with the police dep. if he cont. harassing my child. 2 days later my son was arrested on a felony charge of vandalism the police showed up at my house @ 8:30pm and arrested him we go to court nov. 7th the estimate of the damage is incorrect and I feel that my son being arrested on a felony is as well what can Is there anything I can do now don’t get me wrong yes I believe in if you do the crime you must do the time but I think my son has done more time than he deserved he was spanked, grounded for a week, his bike got taken away he was harassed by the alleged victim and then he was pulled out of bed at 8:30 at night slapped in cuffs put in juvy., I think that was a little over board for an 11year old But what can I do I am a bit overwhelmed and need to know kind of what to be expecting Thank you Betty
Dear Betty: When you go to court on November 7, you will meet with a court officer, possibly a probation officer. He or she will explain the legal process to you. Your son may be appointed a public defender to represent him. You can also speak with a lawyer before the hearing for information and advice about how to proceed. Some courts provide free legal advice to the public by local lawyers who volunteer their time. Contact the court you have to go to and ask about this. Good luck.
(This is information only – not legal advice).
Me and a friend were walking around my apartment complex and vandalized a few walls and the sidewalk, what can happen to us?
Dear James: If the owner of the property wants to press charges against you, he could report this to the police who will investigate. You could be charged with criminal damage, vandalism or a similar crime depending on the laws in your state. If you are charged, the penalty may include a fine, restitution to the victim or probation with specific terms you’ll have to follow to avoid further consequences including juvenile detention. Good luck.
(This is information only – not legal advice).
A neighbors kid in the same neighborhood but different apt building scratched up my car. Though I didnt see it, I did see his foot on my car and when I asked him to remove it, he got an attitude. Apparently when I walked away he used his bike to scratch up the car. I had walked outside to check my car since something told me to check since he was very snappy and rude and sure enough there it was. I went to the next door neighbors house since his daughter was out there at the time and openly admitted to me he did use his bike against my car after I spent 5 min trying to get the info from her and once she heard cops, she talked.I dont care about money. You would be stupid to think in 10 years a car would not have atleast 5 scratches on it. Its the principle of the matter that he not only disrespected me to my face but then did something worst to get back at me for telling him to quit touching my property. So the possible 300 in damage isnt even worth a civil file. My question is, even though I didnt see him scratch my car, could I still file criminal charges against him? Do I need the witness to come forward with the statement? I was going to let him go with just a warning to his mom, but I still dont see how this helps others. If he did it to me, he will possibly do it again since he did get away with it without even paying time or a penny. Everyone is telling me to file a report, but since he lives in the neighborhood, I dont need more trouble, then again he may come after me anyways since I told the landlord and his mom. Torn between what I should do.
Dear Lee: This is your decision to make. We understand your dilemna especially with the boy living nearby. A report to the police may or may not result in the filing of formal charges. That’s up to the police and local prosecutor. If you report it, the police will tell you what’s needed to make a case against him (affidavit from witnesses, etc). They may consider this a case where a firm talk with the boy is appropriate since you’re not interested in restitution.The principle of the matter is a valid guide in determining what to do. Your reporting may spare future victim’s of this boy’s actions. Plus you’ll have the satisfaction that you did the right thing. Good luck.
(This is information only – not legal advice).
At 14 years old (just under 14 actually) some friends and I randomly decided to vandalize this girl’s house that we knew. We did NOT break windows or cause any serious harm that needed money to be fixed; a weird food mixture was wiped on some windows, washable children’s paint on the back deck, and random vegetables (along with a bag of dog poop) on the front porch. A little elbow grease and some soap and water was all that was needed. Anyways, we were caught weeks later and charged with juvenile mischief. The police detective said something about a “lecture and let-go” (this was a while ago so I can’t remember it perfectly) and said that it was considered a paper arrest. We were not put on probation and never had to make any sort of court appearances. Well, now I’m going to be 18 in a few days and I’m swamped with college applications. One of the questions on these applications is:
“Have you been convicted of a felony or have you engaged in behavior that resulted in injury to person(s) or personal property?”
Obviously the felony part is a no, but in regards to that second half, will I have to answer this with a yes? My mom talked to the county clerk and he said that it’s VERY dependent upon how the question is worded. The only thing that makes me believe I may be able to answer no is because it states “injury to personal property,” and I don’t think what we did could really be considered “injury” because nothing was destroyed and there was no money involved.
Also, once I turn 18 will my juvenile record become sealed from colleges/etc, or will I have to hire an attorney and get it fully expunged?
Dear Christina:If you didn’t see a judge, plead guilty or be placed on probation you don’t have an official record to be concerned about. The “lecture and let go” was a break for you – much like a diversion program for many first-time offenders. As far as answering the question about property damage, we can’t tell you what to do, but if you’re comfortable with your interpretation of “damage” then you can answer accordingly. We don’t mean to skirt the issue here, but it is a personal matter that depends on your integrity and how you read the question. Good luck.
(This is information only – not legal advice).
I received a petition for my 12 year old (he had just turned 12 – for a Class 6 Felony vandalism. My child openly admitted that he and a 16 year old went to the location and the 16 yr old began damaging the property with a machete, kicking walls, etc. My 12 year old admitted to breaking a glass window and rummaging through stuff at an abandoned house, and breaking a passenger window on an abandoned vehicle. The 16 year old did alot of damage, himself over several weeks. Orginally, the 16 year old parents invited my 12 year old over to their house to play xbox (since my son didn’t have one). The father of the 16 year old instructed the boys to go and “Check Out” this old house. Evidently, the other family had the intent to destroy the property as the 16 yr old and his family destroyed several other properties in the area (that I wasn’t aware of before hand) and then they left in the middle of the night. Now, my 12 yr old is being charged. I have no idea what to do in this situation. We would pay for any damage my 12 yr old caused, but we shouldn’t have to pay for damages caused by others over several weeks. However, my 12 yr old is the one being charged. They haven’t found the 16 yr old or his parents because they skipped out.
Dear Michelle: You can handle this situation by speaking with a criminal defense lawyer now or wait until you go to court with your son for his first hearing. If he pleads not guilty, the court may appoint a public defender to represent him. Either way, the court will ultimately decide the consequences including the amount of restitution your son is responsible to pay. Under the laws in your state, parents may also share in any restitution ordered by the court. A lawyer familiar with both criminal and juvenile law will be able to answer your questions and represent your son. Good luck.
(This is information only – not legal advice).
My roommate called the police on my for hitting his car it had put a small dent in it….. well i got it fixed for 60.00. he went to try and drop the summons charge for me to go to court he had also received a statement in the mail saying he needed to turn in an estimate of damage for what i did he didn’t turn anything in and went and tried to drop the charges but the city court said it was too late that i needed to show up at court. so will this case just get dismiss when i go to court or what do you think will happened.
Dear Christopher: It’s ultimately up to the prosecutor’s office whether or not to dismiss the charges. Even though your roommate (the victim) is asking for the charges to be dropped, the prosecutor can choose to continue prosecuting the case. If your roommate provides some sort of proof that the matter has been resolved and that you have repaired any damage, the prosecutor may be more willing to dismiss. Be sure to appear in court until you hear differently otherwise a warrant could be issued if you fail to appear. Good luck.
(This is information only – not legal advice.)
My 11 year old son recently confessed to me that he and another 11 year old “tagged” up to 15 garages, businesses, and a privage school. This happened over a year ago, and it is my son’s first offense and probably the friend’s first offense as well. My question is this. Should I go to the police or to each individual residence, business, and school? I want my son to take full responsibility for his part, whatever that means. What is the best way to proceed?
Dear Laura: We’re glad to see a parent step up and do the right thing. Although a year has passed since the incident, a valuable lesson may be had by facing the music now instead of taking no action and letting your son think he got away with this. He’s already shown character by fessing up to you. We can’t tell you what to do but approaching the victims individually with your son alongside to personally apologize should be considered. Judge Tom had this experience when he was ten (shoplifting) and now, at 64, has never forgotten it. Good luck.
Let us know how you handle this.
(This is information only – not legal advice).
Hi my names Brittany and I am 22 years old. A few days ago I got in a really big fight with my boyfriend. He said a lot of things like he always does and this time I had, had enough, so I took his phone and while walking home I decided to throw the phone, leaving it damaged. He has threatened to file a police report, but does not know for sure that I had taken the phone, he is assuming since he can not find it. I have tried to talk to him and he won’t talk to me unless I tell him where his phone is. I want to pay for the phone and should have the money within the next week or two. I want to tell him what I have done and that I will pay for the phone, but I’m not sure if I should or not? I really don’t want to have to bring the cops into it or anything. He has broken multiple things of mine in the past and I have never taken action. I just want to do the right thing and pay him for it as soon as I have the $ I just don’t know if I should tell him about it and risk a police report and things getting bad or if I should just get the $ and give it to him when I have it??
Dear Brittany: AsktheJudge.info is an educational site for teenagers about their rights & rsponsibilities under the law. We don’t provide legal advice to adults or teens.
We suggest you speak with a friend or your parents about how to best handle this situation. Accepting responsibility for the damage and paying for it is certainly right but how to do this and avoid criminal charges is another matter. Those closest to you may have worthwhile advice. Good luck.
(This is information only – not legal advice).
My Girlfriend had my $300 ipod touch when we were hanging out together and i let her take pictures on it then i asked for it back but she wouldnt give it back so i told her i had to go and i wanted it back after class. when she gave it back the screen was cracked beyond use. she claimed it was a accident out of anger at something that made her jealous in it, is she responsible for the damage if i sue?
Dear Greg: Under the laws in most states, if she damaged the iPod she would be responsible for either the cost of fixing or replacing it. Rather than going to court over this, which will involve additional expense and time, try to work this out peaceably. Good luck.
(This is information only – not legal advice).
We were staying with friends over the Thanksgiving break last week after our 5 year old had a heart surgery in the city they live in. The evening that our daughter was released from the hospital we arrived at our friends’ home & our 13 year old & 10 year old boys were in their basement where they were going to be sleeping. This is also our friends’ kids’ playroom & their children are all 5 & under. All of the kids ended up down there, which was their 4 girls, & our 4 kids (our two boys & two girls- 5 & 8). Our boys found a couple of soft squishy balls & were playing underhand tossmw/them while the younger kids were playing amongst themselves. Apparently, our friends’ 3 year old had been watching our boys playing toss & decided to switch things up & started being silly & throwing toys at them. The other kids noticed this & of course all joined in. In the process, a plastic piece of fruit, throw by our 5 year old, accidentally hit the screen of their 2 year old LCD TV & ruined the screen & now the TV is apparently completely broken. It is unfortunate that it was our child’s toy that ended up hitting their screen and we do feel they have a large responsibility for retribution. But my first question is are they 100% responsible or the fact that their 3 year old started the throwing to begin with & then all of their children joined in too give their children responsibility too? They purchased the TV two years ago for $600. My second question is what is the fair and right thing for us to do for retribution? It was a 2 year old TV so do we give them a prorated sum of money to go towards buying a new TV or could we share the cost of purchasing a comparable used TV?
Dear Nicole: Askthejudge.info is a site for & about teenagers and the laws that affect them. We suggest you discuss this with your friends and reach a fair agreement about replacing the TV. Since all of the kids joined in whatever was happening in the basement, it would be difficult to assign blame on any one of them. It’s “retribution” you want to avoid while making “restitution” for the damaged TV. Your share of the replacement cost would go far in extending and solidifying your friendship. Good luck.
(This is information only – not legal advice).
My 13 year old son was seen playing on the roof of his old elemantary school. There is a ladder and also there are no signs indicating that you cannot trespass. A teacher saw him climbing up the ladder and took photos of him climbing on the roof. She procided to moniter his actions on the roof (no photos of him causing any damage). He jumped of the roof and he and his friend continued to play around in the playground. Now they are saying we owe $3,300.00 in restitution for damage he caused to he roof. He is diligently denying doing any damage. He told the principle and the superintendent that he has first hand knowledge of who caused the damage and that there have been at least a dozen kids on the roof. The school has not investigated or spoken to any of the parents of the children they were told had also played on the roof. They are asking us to cover all the damages because our son happened to be the one who was seen on the roof. Does the teacher who allowed him to get on the roof have any responsibility for not stopping him? It seems she was not concerned about his safety, she just wanted to get them in trouble.
Dear John: We suggest you speak with a lawyer about this situation. You have a number of concerns that need to be considered under the applicable laws in your state. AsktheJudge.info is an educational website for teens and we don’t provide legal advice to teenagers or adults. Google the name of your state and “parent responsibility laws” for information regarding your liability exposure. Good luck.
(This is information only – not legal advice).
So me and my husband leave a New Years Eve party to go with a friends to his home, we get to his apartment and his neighbor that lives beside him is in the living room with his room mate. His Neighbor has a bloody nose and has obviously been assaulted. Come to find out there had been a altercation with the down stairs neighbor which resulted in a police report being filed. Well the night goes on and his neighbor leaves and we all eventually go to sleep. We get up to go home in the morning and find three of our tires had been slashed and the neighbor down stairs tires had also been slashed which leads me to think that our friends neighbor who lives beside him did it to be spiteful towards the downstairs neighbor. Now I have no proof that he did it just seems highly likely that he did. I filed a police report and when the police went to his door to question him he would not open it and talk to them. How would I go about filing charges on him with out proof? I have insurance but my deductible is high and it wouldn’t have been worth filing a claim, so I had to take my rent money and buy some tires which in turn has caused me to incur a $100 charge.
Dear Kelsey: AsktheJudge.info is an educational site for and about teenagers and the law. You cannot file charges against a person. It’s ultimately up to the police department to do their investigation and determine whether there is enough evidence for charges to be filed. You can file a claim against a person in small claims court, but without any evidence or proof, it may be a waste of time and money. Good luck.
(This is information only – not legal advice.)
My sons friend had a party at his parents house while they were gona and my son sat on and broke a $40.00 table.Now the mother wants me to hire a carpenter to repair it which will cost at least 4 times the amount it was purchased for.What are my responsibilities in this matter.Wouldnt I only be responsible for the purchase price?Is her son at all responsible?
Dear Lisa: Many states have what are called “Parent Responsibility Laws” that impose limits on a parent’s obligation to reimburse or pay for damage done by their minor children. This may apply to damage at school as well as anywhere else. On the other hand the victim must be reasonable in asserting their right to have the situation corrected. If you can’t reach an agreement with the mother, she may take you to court and that process may cost you more than meeting her terms. Google your state’s name and “parent responsibility laws” for information about this. Good luck.
(This is information only – not legal advice).
Will a liability wavier (if signed by both juvenile and parent) be enough to protect me from a lawsuit should the juvenile be hurt while cleaning off the egg he threw at my two story house? I will not be suppling the ladder and no police report was filed for property damage but he has admitted responsibility to his parents and me. His father has assured me that his son will clean the egg off of the house but I am worried about the liability that may put me in. We live in Ohio.
Dear Terri: We suggest you contact your homeowner’s insurance company and ask about this. As you know, there is the “fine print” in any policy that creates loopholes for insurance companies to avoid certain responmsibilities to the insured. A waiver signed by the boy and his mother is a good idea, but not necessarily fullproof. There are no guarantees that they wouldn’t sue you if he is injured during the cleanup and the waiver, under the laws of your state, may not be a defense to the suit. You could also speak with a lawyer about this and get some advice based on the laws in your state. It’s too bad that this is the state of the world today, at least in the U.S. Back in Norman Rockwell’s era, this boy’s willingness to right his wrong would be the accepted and admirable response.
Good luck.
(This is information only – not legal advice).
We have kids who walk up and down our street and linger after school nearly everyday. They are not with any adults and their loitering is unsupervised by any adult or parent. While it’s great kids play outside, we have noticed some of our Christmas decorations were damaged and broken recently. This made me suspicious, so I kept an eye out on the kids when they came down. I saw them throwing stones at our property and kicking one of our snowmen decorations. When I opened my front door, they stopped. I was going to approach them to ask them what they were doing and they walked away.
Soon after, I drove down the street on my way to work and they were throwing stones elsewhere. I was also told by my daughter that they threw another kid’s brand new bike in the woods and hid it from him. He was looking for it for several days before he found it. She told me she heard this news on the school bus, I do not allow her to hang with this crowd.
How do we handle these children? They are ages anywhere from 5 years old to 15! That is a large age span and I’m surprised the parents allow the young children to hang out with much older teens and walk even when it’s dark outside.
Dear Steph: Consider reporting these incidents to the police. They will investigate and possible interview the kids if you can provide some identifying information. Regardless of age, property damage is vandalism that shouldn’t be ignored. It may only get worse. There may not be much you can do about unsupervised children in the neighborhood unless they’re violating a law or local curfew ordinance. Good luck.
(This is information only – not legal advice).
hello my name is quenton and im from Chicago,IL and i have been out of town for almost a month and my landlord just accused me for damaging his apartment after i had my cousin to check on my apartment which i live below the unit that is above and when i spoke with my cousin he say all my property was outside of my unit i was not never served by the courts or anything i would like to know is it possible for him to accuse me for something i didn’t do?
Dear Quenton: It is always possible to be accused of an act you didn’t do. If this turns into a court case where your landlord files formal charges against you, you have a right to defend yourself. You can speak with a lawyer about this now or wait until you have to appear in court and request a lawyer. Good luck.
(This is information only – not legal advice).
me and my friends accidentlay (yes ACCIDENTALY!) broke a toilet seat at school. I go to school in england. what is the worst punishment we can get if found?
Dear Matthew: It depends on the rules and policies of your school as well as the laws in your area. If your school has some sort of Student Handbook, check that first and see what it says about property damage of school equipment. Typically, if a school believes a student or several students are responsible for the damage of school property, they may simply ask the student and his parents for restitution or reimbursement for the cost of repair or to replace the item. It’s unlikely that criminal charges would be brought for such an accident and especially if you agree to pay for the damage. You and your parents also could ask for a meeting with a school administrator to discuss the matter and find out whether the school is going to take action. Good luck.
(This is information only – not legal advice.)
Ok my friend broke a door at school. I was with him but i didnt do anything. Whats going to happen to me? They said i could go to jail if they press charges. I go to school in NYC.
Dear Gohan: If you didn’t do anything or have any part in the damage done to the door, you’ll have a chance to defend yourself if charges are filed. Discuss this with your parents. They may want to speak with a lawyer about this or at least be prepared if you have to go to court. You have the right to plead not guilty, if you’re charged with vandalism or property damage, and make the state prove you caused all or part of the damage. Good luck.
(This is information only – not legal advice).
I just got caught doing graffiti and they are charging me with criminal damage. Im 18, and I want to know if can be my first offense. When i was 14 I got caught as well, but then i did a program and got it expunge. So is it my first or second offense? I now live in Arizona. That other situation happened in California. Let me know.
Dear Gilbert: That’s a good question. If your name was entered into a national database in California, this recent incident may be considered your second offense. You still may be offered a diversion program even though you completed one earlier. It depends on the court you’ll be in and their policies. Good luck.
(This is information only – not legal advice).
My 13 yr old stepchild got in the vehicle and drove thru the neighbors fence. I offered to pay for damages but the neighbor insisted she would sue my stepchild. The police did not issue a citation, only a warning but the neighbor warned she was going to persue legal action towards the minor. Can there be worse consequences under Arkansas law?
Dear Stepmom: Perhaps your neighbor will calm down after a little time passes. She may find out that it is not worth her time and money to file a claim in court especially since you are willing to pay for the damages, which most likely is the best she is going to get in court. Since the police already declined to issue your stepchild a ticket, it sounds like you don’t have to worry about criminal charges. You could contact a local attorney who handles civil matters in small claims court to see what can be done to try to settle the matter without having to go to court. Good luck.
(This is information only – not legal advice.)
I teach automotive at a high school. While I was assisting another student, one student was involved in horseplay that resulted in damage to my vehicle. I have witnesses and the student admitted to causing the damages. Should the school have insurance to cover such damages or do I take the student to small claims court? Thanks!
Dear Parent: Askthejudge.info is an educational site for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens.
We suggest you check with the school’s insurance carrier to see if this incident is covered. If not, you may be able to resolve this with the student’s parents before considering taking it to court. Good luck.
(This is information only – not legal advice)
If I return a tv to rent a center and its broken can they press criminal charges
Dear Celeste: That depends on the laws in your state and the terms of the rental contract you signed when you rented the television. If you’re responsible for the damage to the tv, you should offer to pay a reasonable amount to either replace or repair it. Otherwise, you may be sued in small claims court. Criminal charges have to be based on breaking a criminal law, such as property damage, and that usually requires intent. Good luck.
(This is information only – not legal advice).
I got into an argument with a teenager and her friends outside my house, and one of the kid said something to me like “You don’t want to mess with someone like me, I will mess you up.” and this morning, my car was vandalized. Is there a way to put them at fault and make them pay for my repairs?
Dear Linda: You need to call your local police department to report the vandalism. They will come out and investigate the matter. Tell the police about the encounter with the teens. If they find enough evidence to file charges against one or all of them, they will let you know. Good luck.
(This is information only – not legal advice.)
I attended a birthday party at a friends house. We were playing football in the homeowers front yard, as we have done for the past years. I was pushed into one of the guests vehicles by that same guests child, casusing a dent in the door. This person has a $1,000 deductble, and feels I am responsible although his child pushed me into the vehicle. Who is responsible?
Dear Jason: It will depend on the specific laws in your state. If you are a minor, you could try looking at the parental responsibility laws to see what the language is concerning property damage, however, usually these laws concern intentional acts, which was not the case in the incident you described. Otherwise, you may want to contact a local civil attorney who handles small claims to find out more information concerning the laws in your state. It would be best if you can work out an agreement without taking the matter to court which costs time and money. Good luck.
(This is information only – not legal advice.)
I was trespassing in an abandoned building in northern California. My friends started crashing windows and vandalizing property. As i ran away to leave, we all got caught. I got charged for vandalism. Is there anything I can do to prove I was innocent of Vandalism?
Dear Borna: When you go to court for this, the legal process will be explained to you. If you plead not guilty, the court may appoint a lawyer to represent you. Or your parents can speak with a lawyer before you go. Tell the lawyer about what happened and what you did or didn’t do. The lawyer will know how to represent you and be able to discuss the case with the prosecutor. Good luck.
(This is information only – not legal advice).
My children ages 14 and 15 were at a school basketball game. They went outside in the parking lot and drew with their fingertips in the dust notes and pictures on a friends car. They were punished in school and made to wash the car the next day. It has been more than a week since it happened and I now have the police calling to discuss damages to the car. Apparently there are scratches in 2 places that they drew. What could the charges be and punishment?
Dear Jessica: Possible charges against your kids depend on the laws in your state. They could be charged with criminal damage, vandalism, property damage, etc. It all amounts to the same thing and the possible penalties include restitution to the victim, probation for a pweriod of time, classes, counseling, etc. When you speak with the police, you could suggest resolving this outside of the judicial system through a meeting/discussion with the victim. Your kids may also be eligible for “diversion” if this is their first pffense. Good luck.
(This is information only – not legal advice).
I punched a netbook worth $420 and it was the schools. They are going to charge me with vandalism, is it a felony or a misdemeanor in west virginia?
Dear Drew: Laws are often changed by state legislatures. Depending on the limits set by the law, it could be a misdemeanor or a felony. We recommend that you check with your local library for the current law on vandalism. West Virginia has laws on the subject relating to caves, cemeteries, private property, etc. Make sure you read the most current law. You’ll also know once you’re charged since the degree of the offense may be stated in the documents you receive. Good luck.
(This is information only – not legal advice).
Can a parent get in trouble for destroying a minors personal property?
Dear Michael: You’ll have to look to the laws in your state about this. Google the name of your state and “vandalism” or “property damage” for information. You could also check with local law enforcement to see if there are parent responsibility laws that apply to a parent-child relationship. Good luck.
(This is information only – not legal advice).
My son and his friends damaged another friends car, the Parents only got one estimate, and They want all parties to pay them after they fix they car themselves just in case It cost more. How is this really suppose to work? Are we to ask for more than one estimate and only agree to pay the lowest amount reguardsless If they want extra Things done ?? I feel they are trying to get extra stuff done …
Dear Koya: It would be best to meet with all the parents involved and the parents who own the car to discuss this calmly. Hopefully a reeasonable agreement can be reached. It would cost all of you far more in court costs and attorney fees if this ends up in court. It’s not unreasonable to obtain several estimates for the repairs. Good luck.
(This is information only – not legal advice).
hello, I have a cincern about my 19 year old autistic son, ge gas mood swings and has recently been under a doctors care, and we have adressed the issue with the doctor, he recently unintentionaly broke a light bulb on my neighbors car, thank fully there was on damadge and I told my neighbor about the incident, the unfortunately, a week later he threw an egg on her car, i have no idea why he did this and it was his first time , there was no money involved, I spoke with my son and tried to apologise to my neighbor, it wont happen again I spoke his doctor about mood swings and he is on new medicine, I tried to talk to my son and help hin understand never to do this, what could the law do or charge be, lease help
Dear Karla: Hopefully your neighbor continues to understand your son’s condition and that, with help, he’s trying to control his behavior. Otherwise, she could notify the police and press charges for property damage or vandalism. Again, we hope common decency and compassion prevail. Good luck.
(This is information only – not legal advice).
Ok, here’s the deal. well my naighbor’s 13 year old little girl and her freind went up the street and jumped on these people trampoline. Then they got the idea of going inside so they did. They didnt break and or take anything but they dumped food every where.(They didnt have gloves. they left finger prints.) they feel really bad now but dont know what to do can you tell me the consequence and or what they should do. they want to go and tell the people they did it but there to scared cause they dont wanna go to jail please help me ASAP thank you!!!
Dear Emily: Situations like these are best solved as early and as straightforward as possible. By that we mean, the girls should go with their parents to the home where this happened. They should admit their deeds and offer to clean the place up or pay for any damage done to the property. This is the right thing to do and a valuable lesson for the girls. Good luck.
(This is information only – not legal advice).
My daughter and her friends where taking pictures and while doing so, the phone fell and broke the phone, while on she was taking the picture. Am I liable to pay for it? Even though it’s an accident? The phone has its insurance , the dad is just an #@$%^&* and doesn’t want to use it.
Dear Hieldeen: Accidents don’t excuse someone from being responsible for damage. Hopefully you can work out an acceptable reimbursement with this dad. He’s not required under the law to use his insurance although that may be the reasonable course of action. Good luck.
(This is information only – not legal advice).
ok my friends went and spray painted our school buses the principal told them that they are suspeneded for 5 days and the superintendent might press charges and if the damage is above 2,000 dollars it can be a felonie charge they are 15 years old and this is their 1st time getting in trouble and being involved witht he police what is the worse that can happen if they are charged. tis is in the state of oklahoma
Dear Francisco: If they are charged with vandalism or property damage, they will receive notice of a court hearing. They can speak with a lawyer before going to court if their parents decide that’s best. Or they can wait and speak with the Public Defender at court. They will have a choice of pleading guilty and then go to sentencing before the judge. If they plead not guilty, a trial will be set. The possible penalties include probation, community service, restitution to the victim for the damage, counseling, drug testing if appropriate and other consequences depending on their role in this and their records. Juvenile detention is also a possibility. Good luck to your friends.
(This is information only – not legal advice).
So me and some friends were riding around are high school. Me and another friend decided to leave. As we were leaving we saw a window break. We didn’t see anyone do it as if it happend inside. When we saw it happen we ride down the hill as fast as we could because we got scared. When we were long gone we called are other friends and they said they saw a paint can inside that look like it broke it. Also there are security cameras bye here we were. Will they blame us for what happened if they didn’t see who did it???
Dear Jordan: You shouldn’t be charged with anything if you didn’t do anything unlawful or participate with the others. If you end up getting a ticket or notice to appear in court, explain exactly what happened and what you did or didn’t do. It’s really just that simple. Speak with your parents about this – they may want to speak with a lawyer if you are charged with a crime. Good luck.
(This is information only – not legal advice).
Me And My Fiends Thought It Would Be Funny If I Stuck A Pad On My Teachers Door. The Same Day, I Did Stick The Pad But It Was All Because I Never Really Liked That Teacher. A Week Later, School Counselors Asked Some Of Her Students If We Knew Anything. But About Another Week Later, My Friend Put A Note On Her Door And They Are Accusing Us. My Teacher Does Not Know If It Was Us But Everybody Says So. I Was Only Responisble For The Pad , Not The Note. I Had Absolutely Nothing To Do With The Note. And Now I Am Hearing My Friends Say That She Is Going To Charge Me And My Frined for Time In Jail, Sexual Assualt, And Vandalism On Her Door. I Am Only 13 And My Friend is 14. What Can Happen To Us?
Dear Bob: You’ll have to wait and see what, if anything, is done by the school officials. If you are charged with breaking a school rule, first discuss it with your parents. They can schedule a meeting with the principal and teacher and hopefully work this out without going to court on formal charges. When you get in trouble at school, there are several ways to deal with it. The school can press charges in juvenile court and/or deal with the incident as a school matter (suspension, expulsion, etc.). Good luck.
(This is information only – not legal advice).
I wrote on a $800 school baby in sharpie, I can get it off but what if the school tries to charge me, how.much trouble am looking at
Dear Jack: If the school decides to press charges (vandalism, for example) you may be find yourself in court. If this is your first offense, you may be eligible for a “diversion” program. Once you finish diversion (community service, a class, paper or counseling), the case will be dismissed and you won’t have a record. Hopefully, you, your parents and the school can reach an agreement and keep this out of the juvenile justice system. Good luck.
(This is information only – not legal advice).
Hi my friend is 15 he decided to take his moms van on a joy ride lost control and crashed into a corner of one house and the garge of the other I was with him at the time what can happen to him and me I have. never had a problem with the law I asked the cop she said nothing would happen to me cuz I was a passanger and I ask my cuzin he is also a cop he said nothing will happen to me I live in california my friend has a court date now will I get one
Dear Abraham: Since you weren’t the driver you may have gotten lucky this time and won’t be charged with any crimes. In some cases like this, the passenger is also charged as an accomplice if there’s evidence that he helped take the car or contributed in any way to the property damage. You’ll have to wait and see what happens. Good luck.
(This is information only – not legal advice).
my boyfriend and his dad were fighting and his dad was pushing him and he pushed his dad back. His dad called the cops on him and said that my boyfriend punched a hole in the wall but the hole was already there to begin with. He was arrested on malicious mischief. They also tried to say he smelt like alcohol but he doesnt drink EVER and wasnt drinking. This is his first ever offense. We live in Pierce County in Washington state. How long would he be in Ramenn Hall for?
Dear Brina: How long your boyfriend is detained with the juvenile authorities depends on the laws in your state, the juvenile court’s rules, what he’s charged with and the position of the prosecutor, the policies of the court, his attitude and his lawyer’s defense of the case. There are many factors that come into play when locking up a juvenile. He may have a hearing in the near future and his release or continued detention will be considered. Good luck.
(This is information only – not legal advice).
My daughter has been bullied in school, and even tho we withdrew her, the harassment hasnt stopped. The kids come our house and yell and bang on doors and windows, well recently my van was keyed down one side, also they left a vulgar message on my voice mail, I have contacted the police twice, they keep saying its a school issue, and turn it over to the SRO. Which he does nothing, whagt can I do to get this to stop?
Dear Rebecca: You might try speaking with a supervisor with the police department for help with this or at least an explanation regarding their inability to investigate the property damage to your car. Many law enforcement agencies have officers trained to investigate Internet crimes. You could also contact your state Attorney General’s Office about this. Or speak with a lawyer familiar with civil lawsuits. Good luck.
(This is information only – not legal advice).
I live in buffalo ny I’m 18 and my sister took a rock and scratched a car and even though I didn’t do it bt I watched her do it does tht mean I wil b arrested to??
Dear Marlena: If you didn’t participate in any way during this vandalism, you’re not legaly responsible for the damage to the car. You’d have to look to the laws in New York regarding property damage for the specifics. If you acted as a lookout, you could be charged as an accomplice. Good luck.
(This is information only – not legal advice).
Hehi recently ran into my neighbors fence with my car,I offered to fix it, as it was only a 30 dollar repair at most, he had the sheriff come down an told the sheriff he didn’t think I really was going to fix it, so he’s pressing charges. Does it cost him to do this? And do I have to pay the restitution or do my parents. I’m 17
Dear Emerson: Since you did the damage to the fence, it’s ultimately your responsibility to pay for the repairs. But since you’re a minor, your parents may be held responsible according to the laws in your state. If they have to pay, then you can make arrangements with your parents to pay them back. As far as pressing charges, the property owner can ask this of the police, but it’s up to them and the local prosecutor whether to actually file formal property damage charges. Since you’ve agreed to pay for the damage, they may decide not to take this to court. Good luck.
(This is information only – not legal advice).
Today my sister and her friend were in the bathroom at their school and anotht girl walked in with a thing of paint she apparently stole from the schools art class. The girl proceeded to paint on the inside of one of the bathroom stalls. When my sister and her friend realized what was going on they left but did not saying anything to an adult because they have had problems with this girl in the past and are fearful of what she might do. Someone who saw the girl take the paint from the art room turned hr in to the office. After the principal called the girl in for questioning the girl told the principal the my sister and her friend were there when it happened and now they all 3 have to go and scrub all the girls bathrooms in the school on the first day of their spring break. No parents ere called and no letters were sent home to notify parents of what happened. The principal also told the girls if they did not show up to clean they would all be charged with vandalisim. Can he do this? Shouldn’t the principal have handled it in a better way?
Dear Dani: The principal has several options as to how to deal with incidents like this one and often times, there may have been a better way to deal with it, but ultimately principals have a great deal of responsibility and must impose consequences when incidents like this arise. As to whether your sister and her friend can be charged with vandalism, it will be up to the police and the prosecutor’s office. If they fail to appear when they are supposed to clean the bathrooms, the principal can forward the case to the police for review and to decide whether or not to file charges. Your sister and perhaps your parents could ask for a meeting with the principal to discuss the matter and give your sister a chance to explain her side of the story. Best of luck.
(This is information only – not legal advice.)
My neighbor hit my car a year ago,he said he would fix it but never did I live in Houston can I still sue him.
Dear KC: You can always file a claim in small claims court or possibly in another court depending on the amount of damage, but that does not mean that you will be successful. Also, you need to find out the statute of limitations or time limits to file such a claim in your state. It may not be worth your time or money to file a claim, so perhaps you could try talking to your neighbor again and work out an agreement. You also could try talking to a local attorney who handles matters in small claims court. Many attorneys offer a free initial consultation. Good luck.
(This is information only – not legal advice.)
I am 22 years old and from California. My boyfriend bought me a brand new iphone 4s this past Christmas. The phone was purchased in person with his debit card and the plan was put under solely my name. My mother happened to get ahold of my phone in the beginning of January, and out of spite towards my boyfriend, she withheld my cell phone from me until just a few weeks ago. She made up excuse after excuse to prevent me from getting my phone, saying the phone was not in her possession, which is another story in itself, but it was all lies. She finally let me pick up my phone after months of lies, because she “just so happened” to get it back. Well I picked it up without seeing her, and the whole screen was shattered. I immediately confronted my mother about this and she pretended to have no idea how it broke, and that it had “been broken already”, trying to insinuate that I must have broken it. After looking through the phone, I was quickly clued in to the fact that my 18 year old brother had been using it, by some blatant evidence left on the phone, as well as evidence that he had tried to remove all signs of use. Well I confronted her about him using it and accused her of lying to me blatantly for the past few months via Facebook messages, and she stated that “he used it to listen to music earlier the day you got it back”, though I had no music on it prior, and he had his music on it, meaning he had to have gone through the process of connecting it to a computer, obviously all without my permission or knowledge. There was other evidence that made it clear it was not just a day of use, like she claimed. We argued back and forth through messages, to the point where she got angry enough to message me “I just talked to your brother and he said he did break your phone on purpose because he hates you!”. My brother messaged me as well angrily admitting to breaking the phone on purpose out of spite and that he “doesn’t give a fuck” if I care.
Well now I do not know what to do. Because they had my phone for the past few months, I was unable to pay the bills because I am a college student and can not afford the $100 payments for a phone I was not even able to use, so the phone is now temporarily disconnected until I can pay back my debt to the cell phone company. I want to report the theft and damage to the police, just because I can not and will not be able to afford to repair and turn it back on, so not only do I not have a phone, but my credit has been ruined. I just want my mother and brother to pay for the repair and debt, since he had been the one using the phone and they wrongfully withheld it from me after stealing it. After some research, I discovered the laws in California for malicious property damage are pretty strict, including up to a year in jail and a $1000 fine, let alone including the theft charges. I do not want to put my brother in jail, as much as he has hurt me and caused me a lot of financial hardship, because he is my brother after all, but I can not just go on without a phone, and what they did was very wrong. What would you suggest that I do? Is there a way to press charges without it meaning jail time for my brother? Is there a way I can just sue for the cost of repair and phone bills? Please help! Thank you!
Dear Tasha: AsktheJudge.info is an educational site for & about teenagers and the laws that affect them. We do not provide legal advice to adults or teens.
We suggest you attempt to settle this within the family or, as a last resort, you can contact your local small-claims court to see what the process is to obtain recovery of your losses through the judicial system. Going through civil court does not involve the criminal justice system, so there’s no threat of your brother or mother going to jail. On the other hand, in the interest of family relations and future contact, you might consider letting this go and hoping they will come around on their own and do the right thing. Good luck.
(This is information only – not legal advice).
my son is 12yrs old playing in front of the school store accidentaly him and his friend ran into the store window and shatered the window now the owner is telling me im have to pay for the half of the cost of reparing the window when she said that the inssurance paid for it and fixed it what are my rights do i have to pay for the half of repair or the deductible outta pocket the owner had to spend
Dear Jennifer: Under the laws in your state, you may be responsible for damage caused by your son up to a certain limit. Many states have parent-responsibility laws that go up to $5,000 or $10,000. Others have no limit at all. Since the store’s insurance covered the cost of repair, their premium may go up as a result of this claim. In the long run, it’s best to pay your half of the bill and put this behind you. Otherwise, you can speak with a lawyer about this and see if you have a right to refuse. Good luck.
(This is information only – not legal advice).
An ex boyfriend of mine threw away a lot of my belongings and sent me pictures of him throwing them away in the dumpster. He never asked me to come get the things. Am I able to take him to court so he can pay for my things?
Dear Allison: You may have a claim based on what you’ve described. Either vandalism, property damage, theft or another law where you live that fits this behavior. Speak with your parents, if you’re a minor. Otherwise you can contact a local lawyer for advice. Small claims court may also have information for the public about filing cases in that court. Good luck.
(This is information only – not legal advice).
I was walking in physical education and I girl I’ve never spoken to was mocking me and butting into my conversation, telling me what to do. I told her not to tell me what to do and used profanity(I called her the b-word). Later, about five or so minutes, she stood in front of me and told me to move. I put a hand on her shoulder to move around her and she slapped me so hard my mouth bled. She then grabbed my hair and began ripping it out, I punched her in the chest a couple times and she threw me to the ground and I hit my face, brusing my nose, forehead, and cutting the skin under my eyes. She continued to rip hair out of my head and I grabbed her behind the knee in attempts to off balance her. We are both suspended for ten days on policy of the school. My parents are looking to press charges on her for assault and battery and for pulling out my hair. I have three spots that are bigger than half dollars and several other smaller spots where I have no hair. I am aware I can face charges for hitting her back. But it was in self defense, I was just wondering if I can sue her/her family for damages(hair and facial damages). Also, if I’m missing about four inches of rooted hair that has a chance of not growing back because of folicale damage, how much can I sue her for? I am fourteen and living in Virginia. Thank you.
Dear Morgan: You need to talk with your parents about this incident. You do have rights that should be discussed with a lawyer to determine what you can do and whether you can take legal action. If you have medical expenses due to the fight, you may be able to recover them through the criminal proceeding if charges are filed against her. If that doesn’t happen, you may be able to go to civil court and seek to obtain a court order for restitution. Good luck.
(This is information only – not legal advice).
I took someone’s ipod off of their set of speakers and now they do not work. Am I liable to pay for the unintentional damage?
Dear Allie: Even if the damage was an accident or unintentional, you may be responsible if it was in your possession last and it worked when you got it. It’s a matter of doing the right thing. Good luck.
(This is information only – not legal advice).
I’m 13 along with my other friend. We we’re playing basketball at my house then here come 2 other kids that we know and they said “let’s go to the abandoned house” and me and my friend were curious at first so we said ok. But when we got to the house I started to regret coming here. then me and my friend got peer pressured into actually going inside. The 2 kids have been there before and they opened the door.so we all went in but after like a minute me and my friend went out side because we were scared but the other 2 kids where still in the house. So once we get out side we see a cop pull up and I was so scared because me and my friend have never gotten in trouble. He asks us if we were in the house and who else is in there then he asks all of our imformation.its been a month since that day and then a couple days ago me and my friends where racing on our bikes it was about 8:50 and a cop pulls up and says its past curphew and he asks for our names and when I tell him my name he said aren’t you the kid that went into the house and I said yes and then he said that I will be getting a phone call from him verry soon about the incident with the house. What will be my punishment I’m verry scared I’m not one of the kids that are troublemakers.
Dear Anonymous: If you receive a ticket to go to court for trespassing in the house, tell your parents what happened. They will need to go with you to court. Since you haven’t been in trouble before, you’re probably be eligible for a “diversion program.” Once you complete diversion, the case will be dismissed and you won’t have a record. Diversion usually includes some community service, possibly a class or counseling. We suggest you stay away from the other two boys you went with and not give in to peer pressure.
Good luck.
(This is information only – not legal advice).
Yesterday in gym class we went outside. I found an old tube sock on the ground and put it on my teacher’s car. She claimed the next day that someone put a sock on her car AND tore rubber off of her windshield wiper. But I didn’t do that part. I went to the administrator to tell her how I put the sock there, but didnt mess with the windshield wiper. Could I possibly get in trouble? If so, what would be the maximum penalty?
Dear Jake: If all you did was place the sock on her car and caused no damage, you’re not responsible for anything done to the car by someone else. You’re guilty of poor judgment but hopefully you’ll learn from this incident. Good luck.
(This is information only – not legal advice).
well two days ago i got charged with burglary and Conspiracy.my friend didnt get charged with Conspiracy and all 3 of us did. we were stealing marijuana from someones backyard and got caught. is that burglary? i had 2 felonies and a misdemeanor before i got caught. in all i have 4 felonies and 1 misdemeanor. whats the worst thing they can do to me. by the way im a minor
Dear Kevin: You have to look to the specific laws in your state to see what the penalties are for these crimes. Every state has its own criminal code and juvenile process for dealing with minors who break the law. You may be facing probation, intensive probation or time in juvenile detention or the state department of juvenile corrections. You may also be eligible for trial on these charges as an adult depending on the laws that apply to you. Talk this over with your lawyer and your parents. Time to wake up to the realities of life if you continue down this path. Good luck.
(This is information only – not legal advice).
im the one that barley posted but i live in california, thanks for the help!
You’re welcome. -ATJ.info
My son and 3 friends spray painted a neighbors house. The can was in my yard so my son got blamed. A police report was filed against my son. Do i have to pay for all damage?
Dear Amy: That will be up to the judge that hears your son’s case. Many states have what are called “parent responsibility laws” imposing monetary amounts on parents for the acts of their kids. If you explain to the judge that others were involved, that may be taken into consideration. However, victim’s rights mean that the victim is entitled to be put back into the situation before the vandalism was done. It is possible that restitution may fall entirely on you and your son. Talk with his lawyer (public defender) about this. Good luck.
(This is information only – not legal advice).
2 weeks ago my daughter coat was taken from her by another student and thrown in the garbage, I spoke to the principal and he called the student mother who agreed to pay for the coat, she asked me the price and I told her the coat cost $820 but I am asking for $500 the coat was {BURBERRY} she asked me what kind of mother am I to purchase a coat like that for their child and she was not paying. Who do I sue the mother of the child or the school, for allowing it to happen?
Dear Tiffany: Why do you think the school “allowed it to happen?” That will be difficult to prove based on what you’ve described. If the parent refuses to pay you for the loss, you can check with your local small claims court for the rules about filing a lawsuit. You may not need a lawyer to do this or you can consult a lawyer in your area for advice. Good luck.
(This is information only – not legal advice).