Can we be charged for damages to a property that we did not commit?

Question

A friend rented a hotel room and the room got damaged. I did not damage the room. Can we be charged and sent to jail for something we didn't do? They said they are issuing a warrant for our arrest.

Michael Palumbo · Answer

Yes you can be falsely accused and charged and convicted. That is why you should call us to defend you.

Jules N. Fiani · Answer

Yes.

Jacob P. Sartz · Answer

It's possible you may be charged due to accomplice/liability theories or other grounds. However, simply because a person is charged does not mean that they will be convicted. The legal burden to charge somebody is much lower than the burden to get a conviction; i.e., proof beyond a reasonable doubt.  Anyone charged with an offense is presumed innocent until proven guilty. The prosecutor must prove guilt beyond a reasonable doubt. Anyone charged with a criminal offense has a right to council. I strongly recommend you exercise that right and either retain your own lawyer, or request, if available, that the court appoint you a lawyer at the public's expense.

Seth Bloom · Answer

It is possible to be charged with a crime that you did not commit when parties are lacking information necessary to identify the guilty party. For this reason you should take any potential criminal charges very seriously and contact a local criminal defense attorney immediately to begin fighting the charges. It is possible that the attorney will be able to contact the local DA to explain the situation to him or her and attempt to persuade them not to pick up the charges or to drop the case in light of new evidence.

Eric Sterkenburg · Answer

All the owner can do is reported to the police the police take a report  then send it on to the da's office.  The DA then decides whether or not to charge.  You would then receive a date to appear in court.  A warrant will not be issued for your arrest unless you do not appear in court.

Michael J. Breczinski · Answer

They maybe be able to charge you with the crime depending on the evidence but being convicted is another matter. However the people on the agreement my be liable to pay for the damages. You need an attorney.

Scott Little · Answer

First of the answer depends on who "they" is. A warrant can only be issued by a judge or someone with quasi judicial authority, i.e, the District Court Commissioner.  That is not up to the hotel owner or employees of the hotel.  Secondly, a warrant (more likely a summons will be issued) can be issued for you notwithstanding the fact that you did not rent the room or cause the damage.  Your relief, if any, will come in the form of a not guilty verdict since you neither rented the room nor casued the damage.

Michael L. Aaronson · Answer

You can only be held accountable if they are able to improve your accountability. Simply being there without anything more is not enough.

Steven Fagan · Answer

If the police have evidence that they believe can be used to demonstrate probable cause exists (a very low standard of proof) that you've committed a crime, they can file a complaint. Find an appropriate criminal defense attorney as soon as possible.

Craig Elhart · Answer

When your friend rented the room, he became responsible for what happened in the room.  While his actions may not be criminal, he may be civilly liable for any damages done to the room while it was rented by him.

Eric M. Mark · Answer

You can be charged, but the burden is on the State to prove you committed the act. If you are charged, contact a lawyer. You should not speak to the police without a lawyer.

Jared Altman · Answer

If you weren't there then you can be charged (anybody can be charged).  But, the charges won't stick.

Philip Hache · Answer

Well, if the room was checked out to your friends name, then he will likely be held responsible for the damages incurred.  Assuming there was nothing criminal done, they can't issue a warrant for an arrest.  They would potentially come after you in civil court in order to get recouped for the damages caused.  I would need more info to better assess the situation.

Timothy Klisz · Answer

You certainly can be charged with anything. Convicted is a different story. You need a skilled lawyer to defend you against the charges or you will likely find yourself in a difficult situation.

Aaron Goldsmith · Answer

Usually a hotel will charge repair/cleaning/etc to the credit card of the registered occupant of the room for damages.  If the cost of repair and replacement is enough, the hotel may alert the police.  The real question is - if your friend was the person who rented the room, how did the hotel know to go after you?  You need to hire an experienced criminal defense attorney to represent you and protect your interests.

Jared Austin · Answer

Anybody can be charged for anything. It's one thing to bring forth charges, it's another thing entirely to prove your guilt beyond a reasonable doubt. Since you were there, they can be conclusively sure who did what so they will charge you both and let the judicial system figure the rest out. You need to be represented by an experienced criminal lawyer because the stakes are too high and the process too complicated to do it yourself.

Mark R. Thiessen · Answer

It's very easy to be charged.  If someone says you did it or there is any (ANY) proof that you may be involved, you can be arrested.  Then you hire an attorney to figure out what really happened and who is responsible.

Cindy L. Barton-Coombs · Answer

If you were responsible for the room, like it was rented in your name, you may be liable for the damage. However, if you did not do the damage, did not encourage or help with the damage, you should not be liable in a criminal court.

Stephen Freeborn · Answer

Who are "we"??   You and who else.  If the other person is the friend who rented the room, and damage was done by someone who your friend invited into the room, then absolutely Yes, your friend can be sued for the damages because by renting the room, your friend assumed control.   You have given me no facts, so I can't say whether or not criminal charges could result. Civil charges, yes, but criminal charges, not sure from your question.  You should consult with local attorney.

Joseph Redding · Answer

They can charge you as a party to a crime if you assisted or were ready able and willing to assist.  If convicted, restitution will be ordered.

Michael Lynch · Answer

Can you be charged with damages to property which we did not damage? Yes, I can think of situations in which you did not personally cause the damage, yet be civilly liable for the damages.  Can you be charged with  a crime you did not commit?  Yes, it does happen.  Can you be jailed for  something you did not do?  Once again, yes, it has happened in the past  and most likely will happen again in the future.

James Lochead · Answer

Whoever rented the room is liable for damages to that room.  For criminal charges to be upheld there is a higher standard of proof that you intentionally damaged the room.  Whether you can be sent to jail depends upon: i) your prior criminal record ii) amount and type of damage  iii) evidence that you and you friend caused or allowed to be caused, the damage at isssue.  If you did not damage the room and it is only in our friend's name, you should be able to avoid going to jail.

Elizabeth Zwiebel · Answer

Only the police or district attorney can issue a warrant.  If you are charged, you will need to seek legal advice prior to giving any statements to the police.

Patrick Jarrett · Answer

You can be charged and arrested.  If there is a warrant for your arrest, go speak with a criminal defense attorney in your area before you speak with the police.  If you did not do it, you will need to have a good attorney to fight the charges.  Unless they do not issue a warrant or drop the charges later, you will have to fight the case.  Start thinking about the proof you can produce that shows you did not commit the crime and let your attorney know.  Best wishes.

Scott Frankel · Answer

Unfortunately, in Illinois there is a history of innocent people being charged with crimes.  You will need to locate a qualified attorney you can trust to fight your case and obtain an acquittal of the charges.

Daniel Kieth Martin · Answer

Yes, people are charged and convicted of crimes they did not do everyday. Nearly two hundred people have been convicted and sentenced to death for crimes that they were eventually proven innocent of. You should contact a criminal defense lawyer to discuss your case.

James Schoenberger · Answer

You could be charged as an accomplice. Accomplice liability is complex and is based on your relationship with the one who caused the damage and your actions taken in furtherance of the crime. Mere presence is not enough, there must be an allegation that you took some action.

Joseph Dane · Answer

The hotel cannot issue a warrant - only the police or prosecution can do that.  The decision to file criminal charges is left exclusively up to the prosecution.  They will have to prove what, if anything, YOU did.  Not that you were present, but that you actually did something that caused damage.  There is no legal obligation to stop somebody from committing a crime, but if you participated in any way (even through encouragement, but not directly breaking something yourself), then they could go after you.  Since you know there's an investigation ongoing, I'd strongly suggest you sit down and discuss your options with a local criminal defense attorney.

John Bussman · Answer

If there's a reason to suspect that you damaged property, you could be charged with vandalism.  You will have to go to court and defend yourself. You might have a defense if you're innocent, but that won't stop you from being accused.

Craig Orent · Answer

If in fact you did not do anything wrong, and the government fails to prove otherwise then the answer is "no." But those are big "ifs." It sounds like you will be charged with a crime. The claim that an arrest warrant will be issued does not sound correct, however. If you were not arrested that day, typically, especially if just a misdemeanor, you will receive a summons to appear in court through the mail; that does not mean a warrant will not issue in your case, but it is not the standard approach. You should directly contact an attorney and consult with him/her about your matter immediately.

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Can we be charged for damages to a property that we did not commit?

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