Criminal mischief in texas

· · 0 views
my friend broke my window when he was trying to enter my apartment to unlock my interior deadbolt (which i had accidentally locked). however, i was not there. when the window broke, he got scared and fled. my neighbors did not know what he was doing, so called the cops, who filed a criminal mischief charge. they do not know the identity of my friend but suspect that i know who he is. i do not want to turn him in. the apartment complex has swallowed the cost of the window because i explained what happened.
what are the consequences if i do not cooperate with the police. what are the consequences for my friend if i do?

1 Attorney Answer

Best Answer
You have no obligation to talk to police about the incident. If the police talk to you and ask your identity, you must be truthful about that or you could be charged with failure to identify yourself. I do not know how the police would file charges as they do not know the name of the "suspect" unless they filed it as FNU LNU (first name unknown, last name unknown) but given that it is a misdemeanor, that is not likely. Moreover, your neighbors have no standing to "file charges". The only people who could complain would be you or the apartment complex. And, if he broke the window "with permission" or apparent permission from you because you asked for his help and this was the only way, only the complex could file charges and they probably would not if you are a good tenant (and you gave him permission so it would be difficult to get a conviction.) I doubt there are charges pending - maybe there was a report made, but probably no charges. The bottom line answer to your question is that you do not have to cooperate with police (except to give your name.) The potential consequences for your friend would be a misdemeanor charge of criminal mischief but that is unlikely given your explaination and the apartment complex's willingness to "swallow the cost" and not complain. (IF the police come around - which is unlikely because police in Dallas have a lot more to do - I would explain what happened given the apartment's stand on the issue.)

Sign in to answer this question.

Sign In or Sign Up as an Attorney