criminal mischief 3rd

I got a summons to appear in court in Alabama for allegedly puncturing a little swimming pool. Is this a civil or criminal case? I didn't do it, but do I need a lawyer anyway? Can a judge order me to hire a lawyer? Also, the officer who served the summons said I have to prove I didn't commit the crime! Is this a case in which they must have evidence or can I be convicted if the judge takes their word?

[rosie99]

Originally Posted by Unregistered

I got a summons to appear in court in Alabama for allegedly puncturing a little swimming pool. Is this a civil or criminal case? I didn't do it, but do I need a lawyer anyway? Can a judge order me to hire a lawyer? Also, the officer who served the summons said I have to prove I didn't commit the crime! Is this a case in which they must have evidence or can I be convicted if the judge takes their word?

When I originally submitted this my name showed as "unregistered", but I'm rosie99. Don't know why it said that.

To clarify, this was a Quickset pool they said was valued at $225.00. They say they patched it, but not sure if patch will hold. (Probably depends on whether they win.)

Call the court to see if this is a civil or criminal case. And/Or check the summons you rec'd.

You do not have to prove anything. They have to prove you committed an unlawful act--or if this is civil, that you caused the damages.

[rosie99]

On the summons it says its from the State of Alabama Unified udicial System, Summons to appear (Misdemeanors or Violations) for the Complaint of Criminal Mischief 3rd in the municipal court of (my town).

When I asked the policeman who served me the papers, he said it was criminal, there'd be no jury, to be held at city hall, and that I have to prove I DIDN'T do this.

It also says on the summons Probable cause has been found on Complaint filed in this court charging criminal mischief 3rd in violation of 13A-7-23, Code of Alabama.

I wonder what this probable cause is. Can someone's word be considered probable cause?

OK, I spoke with the magistrate and apparently this is a criminal case based on the affiant's opinion and no evidence except her written statement, which is full of untruths, which I can prove are untrue. She also submitted a picture of her pool with a patch on it. I don't think there's anything to worry about, and found I don't have to have a lawyer.

I just wonder if I should get one since the city is representing them and providing an attorney.