Criminal mischief charges involve property damage and can result in jail time and fines, with restitution being a key component where the defendant must compensate the victim for damages; the amount of restitution can significantly impact plea bargain negotiations and case outcomes, and defendants should understand that criminal records can affect future employment opportunities, particularly in fields requiring trust and responsibility.
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“$4,000?!” Judge Fleischer Stunned by Courtroom Twist追加:
Is it Fernanda Solis Martinez?
>> Yes, sir. [music] >> Ma'am, you're charged with criminal mischief.
You're facing up to a year in jail and or a $4,000 fine. We are going to do probable cause. You have the right to remain silent. [music] Anything you say can or will be used against you. You have the right to have an attorney present. If you cannot afford one, one will be appointed to you.
>> Yes, Judge. On November 19th, 2024, the officer was dispatched to a residence in Harris County, Texas in response to a family disturbance. Upon arrival, the officer met with the complainant who stated that he and the defendant his sister got into a verbal argument that turned physical.
>> [music] >> Both parties admitted to striking one another and the defendant walked over to the complainant's computer and began hitting the computer monitor with a PS5 controller causing damage.
>> [music] >> The officer observed the monitor to be shattered and there was also damage to the headset and controller. The complainant estimates the cost of damage to be [music] $1,120.
>> Okay, Ms. Solis, I'm going to find that there's probable cause to go forward with the case.
>> [music] >> How old are you, ma'am?
>> I'm 22.
>> Are you here with anyone today?
>> I what? I'm sorry.
>> Are you here with anyone today?
What do you do for a living?
>> I'm a nursing student in the Memorial Hermann.
>> Do you have any kind of income whatsoever?
>> Um, I would say I make about a thousand a year uh a thousand a week.
>> [music] >> All right, would you like to apply for a court-appointed lawyer, ma'am?
>> Um, yes, sir.
>> Okay. I'm going to have you fill out an application with Steven.
We need to work and we need [music] to figure out what we're going to do because typically in these types of cases I bar you from having contact with the complaining witness in this case, meaning that you're not allowed to have contact with your brother.
>> Yeah.
>> I don't know are you I don't know where you live. [music] I don't know if you live with him.
So, what I'm going to don't say anything now. I have a bunch of DAs here. What you say could hurt you. I'll appoint you a lawyer today, but we need to find find out the family dynamic because if you pick up a new case, you start acting a fool in the free world, I'm going to take the free world away from you and I'm going to put you in jail and I'm going to make your bond high and you have to understand that if you don't have anyone that's going to push your bond, you will sit there in jail until this case is over with and I'm going to tell you it takes about 9 months just to get a 911 tape and all that you're working for, all that schooling to become a nurse, where does it go? [music] Right.
So, we'll figure out that here momentarily.
Do not leave until we let you go though, okay?
>> [music] >> Steven's going to give you the application, I'll have you sign a receipt of the Victorian and then we'll have you take a seat in the jury box, please.
>> Yes, I'm here on Mr. Brazel.
I hope I say this right. Brazel >> [music] >> King.
2515735 Criminal mischief, okay?
And I thought we had a deal in place.
>> So, >> uh hey uh >> He told us last time that he would have the $1,200 ready to go.
>> But the center of the bill for 4,000.
>> Uh okay.
Alex, what's what's up with that?
What's up with that? What's up with that?
>> What we have is for 391575 >> I have here my notes on 10/1, it was $1,200. I guess it changed.
>> This is for a Mr. Cole yeah.
What we have is paid the amount due [music] is 391575.
That's the amount due with the bill.
[music] >> I guess let me let me speak to the chief and see what because >> Yeah.
>> I I mean, understand it's not with me, it's whatever it was.
>> I got you.
>> My notes are all can be wrong. Hey, I'm sorry to bother you. This is Mr. King.
>> King.
>> [music] >> In my notes here, I have it beginning of October the restitution was at $1,200.
But I'm guessing [music] it's for I'm being told it's more now. I don't know what happened.
>> The damage was twice $1,000.
>> The bill was $3,900.
>> Yes, and there's Right, and there's a receipt for that.
>> So your honor, I think initially the confusion with the thousand is in the dims, the estimation was around $1,000.
But when we talked to the complainant we received the invoice as an estimate, it's to the tune of $3,900.
>> Okay. [music] That's what it is.
I I I mean it's right, I can't I'm not going to I can't argue with them. They got a bill.
>> [music] >> That's what they're saying it is.
For you to get this case dismissed, that's what the DAs want. They want to make the other person whole.
As if >> [clears throat] >> it had never happened, the criminal mischief had never happened.
To put them in the same place is what what is it what >> [music] >> what happened?
>> $3,915.
>> I I understand, but what was it? Was it a car? Was it a computer?
An elephant?
>> It's a door, your honor.
>> Well, that's a hell of a door.
Made of gold or what?
>> A mahogany door, your honor.
>> I I don't know what to tell you, but your other option is to go to trial, >> [music] >> you know.
Those are the two options that you can pay that money and then you end up dismissing the case.
You can accept another plea bargain if they have one.
>> You're right, there's no offers on the case right now besides the restitution.
>> You can if you guys Mr. Goings want, you can try to get a different plea bargain.
The case is 160 days old, so >> [music] >> I will only give you a couple more weeks, but at 180 days we set cases for trial. So at that time you need to let us know what you want to do.
>> [music] >> And if you have not reached a plea bargain agreement with the state, we end up setting your case for trial.
I don't know. I don't want you to make a decision now. You need guys need to go back and talk and just you guys decide what you would want to do. If [music] and you can always request a different plea bargain if you don't like the one that you have, but [music] they don't have to do anything if they don't want to. It's the state and they're they reserve the right to even if they they don't want to, they don't have to give you a plea bargain.
So, [music] I guess you guys step back and let me know what you want to do.
>> They have to prove their case beyond a reasonable doubt.
>> So, um Mr. Goins, before you guys leave today, just >> I'll let you know.
>> Yeah, just give me a heads-up what you guys want >> I sure will. Thank you.
>> This [music] way, sir.
>> So, I am putting some conditions on your bond now, Mr. Solis, okay?
The two conditions I'm placing on your bond now is that you're not to have or not to be in possession of any weapons.
And I'm also ordering you not to have any threatening, >> [music] >> harassing, or abusive conduct contact with a Mr. Martinez, your >> [music] >> brother.
>> Brother? Yes.
>> I want you to understand what is threatening or harassing. Doesn't matter what you think is threatening or harassing. I could give a rat's behind what you [music] think is threatening or harassing. It's what he perceives. So, if you >> [music] >> get into an argument with him and you say, "Well, look, this is that threatening or harassing?" It is and it can land you back in jail.
If you pick up a new case, you don't you violate count.
>> [music] >> I don't care that it's your brother, it's your mother, father, whoever it may be. Do you understand?
Um Ray, did you want to say anything?
>> No, Judge, we talked about the not threatening or harassing and >> [music] >> I've explained to her that the state is offering restitution. I just need to get the PTI contract and the restitution receipts so we can get all that paid.
>> [music] >> You know, the other thing that you have to understand is that at some point you're going to start working, right?
When you start building up a criminal record, employers look at this and they see that it's a potential liability because they may now think, "Wow, >> [music] >> she now has this mischief. Even if it gets dismissed, people can still see it.
Man, [music] is she a danger? Is she going to explode on us if she loses her temper?"
That's what people think.
You need to consider this. The older you get, your your actions have consequences and it can really impact your future.
If you want to become a nurse, this [music] may you know, form a barrier for you.
Consider this when you're out there in the free world.
Do you have any questions?
>> Um, I think for the no weapons, is that like forever? Like for all my life I can't have any weapons?
>> While this case is open. [music] >> While this case is open?
>> While this case is open, you're not to have any weapons whatsoever.
>> Okay.
>> We've given your lawyer. It is your responsibility to stay in touch with Mr. Vasquez. You can see him on the TV there. If he tells [music] me he can't get a hold of you because you're playing games, you're not responding to phone calls, text messages, I will issue a warrant for your arrest. Stay in contact, do what you're supposed to do, and then things will turn out well.
>> Good job.
>> All right. [music] We'll have you sign this here now. We'll get you to sign a receipt and then after that you're on your way. All right?
[music] >> Have a nice Thanksgiving.
>> You too.
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