Most criminal mischief cases involve some allegation of fraternity-esque decision making: playing mailbox baseball, liberating street signs from their poles, scratching profanities on door of your less than faithful ex-boyfriend's car. The seriousness of criminal mischief cases depends upon the monetary amount of the damage. When damage amounts rise above $1,500.00, a prank gone awry becomes a felony pending indictment.
While sometimes comical, criminal mischief cases often present complicated issues regarding accountability. When a group of people engage in criminal mischief, the State will typically arrest and accuse everybody in the group as if they acted jointly in the commission of the offense. This is rarely the case. More often, one person is the instigator, another may serve as the nervous lookout, and inevitably there are the ones in the back saying to themselves "knock it off, idiot; I don't want to get arrested."
One of the main concerns for the judicial system in cases involving criminal mischief is payment of restitution. Many people mistakenly believe that if restitution is paid, the case should be dismissed without having to be placed on probation or with a conviction. While this may absolve a person's civil liability for damages, the State and the victim are often seeking a sanction or an understanding that goes beyond writing a check. These types of offense often lend themselves well to victim-offender mediation and Sentencing Circles.