Posted on May 6, 2010.
damage Criminal I am a taxi driver and took a woman home from the hospital in the early hours of morning.she asked me to leave an interior door as her partner I had locked out.stupidly done, and now one month later I got a call from the police saying I was done for damage.whats criminal whose usual punishment for this? I could lose my license? (I was innocent, quite simply make her a "favor, but the worst case?)
Hi,
In the United Kingdom.
If what you say is true, what worries you?
The prosecution must show not only that you did, but you knew or ought reasonably to know that you are breaking the law. It is called the mens rea.
As a stranger to the woman you just witnessed with his being allowed to follow what you reasonably assume at his home. You have acted in good faith.
You will be asked if you thought what you did was wrong to say no, you thought the woman was authentic and that you think help with legal entry and you had no reason to think otherwise as he was late in the night.
In other words you have been misled to commit the offense.
Therefore, no mens rea means no case to answer.
If you have no previous convictions, are in good morals and do not come to the attention of the police and the prosecution will have a hard time proving their case.
The woman would also be charged as it is co-conspiritor in this case. If this goes to court, it is not there with you, you must ask yourself why? At least, she would need a witness.
Hope this helps.
Success
If you did not verify the address of a certain type of identity, shame on you.
You can not lose your license, but a penalty depends on the levels of crime and the state you live in. I was charge with first degree Criminal Damage property when I was 18 and the maximum penalty was 5 years in prison and fined $ 5,000, plus pay for damages. So it would be the worst case I think ...
Hiring a lawyer. Looks like you have extenuating circumstances. Do not make the same mistake once again.
There are so many loop holes in the law.
But I do think you need to worry about your taxi driver permits, depending on your criminal record in the United Kingdom.
The punishment for the crime may very a fine of £ 500 6 years in prison.
Consider the facts, together with you in the hospital, you broke a door that was inside the property and in your line of work you provide public services, and meet people from all sorts of needs. She also took her time to report the crime. (Thats aloutgh no reason to put you in the firing line)
I think the facts swing in your favor. I hope it works.
Criminal mischief can be a felony or a misdemeanor. It depends on the amount of damages. (In my state, for example, it is a misdemeanor if the damage is $ 1,000 or less and a crime if more than $ 1,000.)
usual punishment (especially if a first offender or limited criminal record) is probation, a fine and restitution for damages.
You should talk to a lawyer, however. You may be a defense to the charge. An element of the crime is the mental state. The law requires that you knowingly or intentionally damaged property of another without his consent. If the property belongs to your passenger, she consented to your entry. If you are misled into believing she was his property, you may be able to prove that you did not intentionally harm the property rights of another.
good luck hope everything works for you, get legal advice if you are in Britain, you first 30 minutes are free, or go to your local council to local citizens, they will help you, lets hope that all Top
Do not go who do not know the law. We are students of law.Lission carefully ---> to show you.