How to Press Charges of Criminal Mischief in Pennsylvania
The crime of criminal mischief in Pennsylvania covers a variety of situations in which a defendant has damaged, defaced or tampered with the real or personal property of another person. If you believe that you have been the victim of criminal mischief, you may file a private criminal complaint with the local district attorney's office. A private citizen cannot actually press charges, but by filing the complaint a citizen is asking the district attorney to do so and agreeing to cooperate with the prosecution of the defendant.
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Instructions
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Print out the Private Criminal Complaint form from the Pennsylvania Unified Judicial System website.
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Complete the complaint form with as much information as you have. If the defendant's name is known to you, include his name. If not, include a description or any other identifying information that you have. Describe the crime and damage with as much detail as possible. Include the proper statute that the defendant violated -- in this case 18 Pa. Cons. Stat. 3304.
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File the complaint form with the local district attorney's office. The district attorney must approve the form before it can be filed in the magisterial district court where formal charges will be initiated against the defendant.
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Appeal the decision of the district attorney to the court of common pleas if the complaint is not approved. The court of common pleas will review the form and the decision of the district attorney and render a final decision regarding whether charges will be filed.
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Tips & Warnings
You also may call the police and request an investigation of the incident. The police may or may not pursue the charges. Regardless, the private citizen complaint allows you to directly request that charges be filed.
