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What's would be the best case scenario in my pending juvenile court case for theft by shoplifting in Dillards ?
Anonymous3 views3 answers
Hello . I am a 15 year old Juvenile from the state of Georgia . I am not a 1st time offender . In 2011 I was arrested and charged with a Felony of theft by taking at sears when I was 12. The charges were brought down to a misdemeanor . My friends and I were sentenced to complete the J.A.D.E. program .
A few months later in 2011 we wound up right back into court due to more "theft" charges. It was proven that we never actually took anything , so those charges were dropped and we were instead charged with criminal trespass . As of now I have a pending case of shoplifting in Dillards . They say my worst case scenario would be time in a youth detention center . I believe that there are some other alternatives. maybe community service ? or Probation ? the Value of the stolen Items were $170
The best case scenario is obviously getting off, including possibly being able to establish you didn't commit the offense and/or that your rights were violated by law enforcement, for example. Short of that, you may be able to enter into some type of program allowing you to avoid incarceration (e.g., including paying possible restitution, a theft prevention/counseling class, community service, probation, and/or likely a fine). However, be prepared for the juvenile prosecutor to not be willing to cooperate, considering your juvenile record. If you want to avoid incarceration, you will need to get character witnesses, show how you are doing in school (preferably no discipline issues, doing well academically, etc.), what your possible education and/or employment plans are for the future (e.g., college, the military, etc.), and other evidence that shows you to not be a career juvenile criminal, and why you deserve to be given another chance. You should immediately retain a criminal defense attorney with experience in juvenile matters immediately, or apply for a public defender.
David Allen BrooksCriminal Defense AttorneyEl Dorado Hills, CA ·
You are going to have a local lawyer, who will be able to give you your best advice.
Best case is a dismissal if the DA feels the new case can't be proven.
Next best is being found not guilty after hearing.
Obviously, these options require great facts.
Next best is diversion. I doubt you will be eligible for consideration because of your previous theft, bit discuss this with your lawyer.
After that there is usually the option of being on Juvenile court probation, and often there is more than 1 form of Juvenile probation. Probation could include things like house arrest, or time in Juvenile Hall. It can also include substance abuse treatment, close monitoring of school attendance, and more theft awareness class.
Kids that can't be housed in the Hall can end up at different forms of Group Homes or residential programs.
Worst case is some form of "child prison" that is state run. It would be difficult to end up there on a petty theft charge.
In any event, talk to your lawyer, who will be the best informed attorney about not only your case but the court's sentencing policies.
Oh, and you probably need to figure out how you are going to respond to Probation's questions about why this had to be your 3rd arrest for the same thing. They are going to want to hurt you if they need to do that to get your attention. They are going to want to jump to the conclusion that you enjoy being a thief. This is a very bad position to be in and this is another good thing to talk to your attorney about (and probably your parents as well.)
You could aspire to something better.
You are only 15 and have a problem with taking things that do not belong to you. The best would be a dismissal, but according to your own words you will wind up in court again for the same type of charge. Juvenile court is often a slap on the wrist compared to what happens in adult court. The problem when we get juveniles off on serious crime, is that they do not understand that adult court is completely different. In FL after a few petit theft convictions, new charges become felonies and people can actually go to prison for stealing a loaf of bread. I do not know if GA has a similar enhancement of the crime, but if it does, you could be looking at prison. The thing to do is get help not only from a private attorney, but also some sort of counseling. I once kept a kleptomaniac out of prison by showing that she had that illness. There is something wrong in how you see the world when you take things that do not belong to you. Given enough criminal instances, you will graduate to bigger thefts and eventually end up without any liberty at all, with angry guards searching you constantly under the care of the GA department of Corrections. Is that what you want? Some people brag about the crimes that they have committed, or the light sentence they got. Do not fall into the trap of thinking that people in prison are to be looked up to. Most thieves are actually not very smart at all. Your life is not a Hollywood movie.