Carson Briere Receives Diversion for Criminal Mischief in Erie, PA– He didn’t get special treatment, he won’t have a record, and why his sentence is absolutely appropriate.
Philadelphia Flyers General Manager Danny Briere’ son, Carson Briere, was recently admitted into a criminal diversion program (Accelerated Rehabilitative Disposition) (ARD) in Erie County, Pennsylvania. You may recall that the younger Briere was charged with criminal mischief and disorderly conduct following an incident where he threw a empty wheelchair down a flight of stairs in a local Pub. No one was injured but the incident was captured on video which went viral on social media.
At the time, Briere was a student-athlete at Mercyhurst University and played Division I ice hockey for the team. He was dismissed from the University following the incident but has signed with Slovakia’s Tipos Extraliga.
Tipos which is considered the elite league of that eastern European country.
The Philadelphia media may portray that Mr. Briere narrowly avoided jail in this case and that he received some special treatment because of his father’s status. In reality, however, Carson Briere, received a very appropriate sentence given his lack of criminal history, his decision not to proceed to trial and the sentencing guidelines associated with the lead charge of criminal mischief.
How serious is a criminal mischief charge in Pennsylvania?
Criminal mischief is a very common crime that our law firm defends in Pennsylvania and New Jersey. It is an extremely broad charge which involves defacing, destroying, or damaging the real or person property of another person. In these cases, our criminal defense law firm has represented juveniles and adult defendants.
Under Section 3304 (Title 18), criminal mischief is a misdemeanor of the second degree if the loss is in excess of $1,000 and a misdemeanor of the third degree if the loss is in excess of $500, but less than $1,000. Briere was charged with a misdemeanor of the second and it is alleged that the value of the wheelchair exceeded $1,000.00. The max punishment he faced was 2 years state prison.
What is the benefit of a diversion program like Accelerated Rehabilitative Disposition (ARD)?
A diversion program such as Accelerated Rehabilitative Disposition (ARD) allows Carson Briere to avoid a criminal conviction and a criminal record. In Pennsylvania, misdemeanor and felony convictions are not expungeable regardless of the type of crime or the severity. Provided that Carson satisfies all of the conditions of ARD, the prosecution (District Attorney) will withdraw the case against him. After the case is dismissed, his criminal defense lawyer can file a motion to expunge his record.
Was the ARD sentence appropriate and could Carson Briere have really gone to prison for this crime?
ARD is very common for first time offenders where there is no significant bodily to a victim. There was only property damage in this case. While the victim in this case more than likely had to agree to ARD, it is likely that Briere was required to make full restitution as part of his sentence and complete community service. While Briere is technically on probation for 15 months, it is likely non reporting which means he will not have to check in with a probation officer. If there are check-ins, it will be by phone as he is now playing hockey in a different country.
If Briere does not comply with the conditions of his diversion program, his case would return to the traditional criminal court system where he would likely be convicted. Even if he was convicted in a criminal court, jail was very unlikely based on sentencing guidelines but he would still have a criminal record which could affect future opportunities for him personally and professionally.
What is criminal mischief?
Criminal mischief can include any of the following crimes and offenses in Pennsylvania and New Jersey:
- Graffiti
- Tearing up lawns
- Vehicles
- Breaking doors
- Destroying door locks
- Breaking windows
- Slashing tires
- Intentionally damaging vehicles or other personal property
How serious is a criminal mischief charge in New Jersey?
In New Jersey, criminal mischief is graded very similar to Pennsylvania under Section 2C: 17-3 of the New Jersey Crimes Code. It is a crime of the third degree if the person causes the loss of $2,000 or more and a crime of the fourth degree if it is between $500 and $2000. In all other cases it is a disorderly person’s offense. Unlike Pennsylvania, New Jersey does not classify crimes as felonies or misdemeanor offenses, but rather crimes and offenses. Offenses are handled in New Jersey’s Municipal Court while crimes are handled in New Jersey’s Superior Court.
What should a person do if they are charged with criminal mischief?
If you’re charged with criminal mischief in Pennsylvania or New Jersey, you should never plead guilty to the charge without first discussing your options with a qualitied criminal defense lawyer in Pennsylvania or New Jersey. In many situations your criminal defense lawyer attorney can negotiate a non-trial disposition for a much favorable result which will allow you to avoid any criminal record similar to Carson received in Erie, PA. In addition to diversion programs, you may have strong defenses at trial which should be explored prior to entering any plea negotiations.
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