In a heated discussion with my boyfriend, i threw a vase on the ground. Then I called the police and they charged me with criminal damage, but they told me if i go to court and he doesnt, the case will be dismissed. Im wondering if this is true or not?
Answer
The purpose of going to court is to answer the allegations against you. You only have two choices, one plead guilty or two plead not guilty.
Criminal damage requires that you damage property belonging to another. The controlling question is who owns the vase. Married couples in community property states such as Arizona are presumed that the property is owned jointly therefore, if you break it you can be convicted of criminal damage.
If the property is owned solely by you then you cannot be convicted of breaking your own property.
What the police are probably referring to is a trial after the not guilty plea. Someone charged with a crime has a constitutional right to confront witnesses against him. In your case the witness against you is your boyfriend. If he fails to appear for trial the court might dismiss the case. This I believe is what the police were talking about.
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