A graffiti artist known around Indy for his “CHOKE” tags is facing elevated charges after missing a court date. According to the Indy Star, the defendant was set to go to trial last Wednesday. When he missed, the prosecutor’s office immediately began looking at elevating his misdemeanor criminal mischief charges.
One day after the Star broke the original story, they followed up, advising that the defendant is now facing 9 felony criminal mischief charges and one count of criminal gang activity.
The tagger had apparently worked out a plea deal with the prosecutor’s office prior to his missed court date. They offered him reduced charges of 3 misdemeanor criminal mischief and one misdemeanor battery in exchange for his guilty plea. However, when he failed to show up, he backed out of his side of the agreement.
Now, he’s looking at several years behind bars if convicted on each count. In the meantime, the media has not confirmed his arrest and it appears as if the defendant is still “on the run.” He could face additional charges for failure to appear in court.
It’s very common for criminal cases to end in plea agreements like the one that was previously agreed upon in this case. As a matter of face, nearly all criminal cases are resolved with a plea bargain. However, when you don’t live up to your end of the bargain, the prosecution doesn’t have to either.
Plea bargains often exchange a guilty plea for a reduced charge or sentence. Having the prosecution enter your charge as a misdemeanor rather than the allowable felony is a common plea arrangement. Recommending probation in lieu of jail time is another.
Whether you are facing charges of possession of marijuana or theft, you will likely be approached to strike a deal with the prosecution. At that point, it is important to have a defense attorney on your side to help weigh your options.
Contact our defense attorneys today to discuss the details of your case and the charges against you. We can assist you in determining if a plea agreement is in your best interest.