How to Handle a Pending Juvenile Theft Case in Fairfax County
If your child has been arrested for theft or shoplifting, you can expect that:
- The case will be handled in the juvenile justice system as opposed to the criminal courts.
- Your childmay be labeled a delinquent if found guilty of theft.
What Is Theft?
Theft is the intentional stealing of goods or services belonging to someone else. Petit theft is larceny of goods valued under $200, while grand theft is deprivation of goods or services over this amount.
Why A Juvenile Justice System?
Minors are processed in the juvenile justice system when misdemeanor charges arise. This happens because minors are largely considered to be incapable of making rational or calculated decisions on their own. Additionally, the system is designed to be focused on rehabilitation, rather than incarceration. There are substantially more punishment options available for juveniles than for adults. There is also a heightened focus on not creating a permanent record that may have implications in the future.
Who Are Juveniles?
What’s the age of a juvenile, you may ask? This is anyone between the ages of 6 and 18 years old.
Alternatively, some minors over the age of 14, who have also committed certain felonies may be tried as adults. This is fairly rare and will only take place amongst the most violent offenders who are accused of particularly dangerous crimes. Also a 17 year old will be more likely to be tried as an adult than a 14 year old.
How to Handle False Allegations
An accusation of theft doesn’t always have to play out in guilt, as there are many innocent juveniles who are falsely accused. When this happens, legal counsel should be secured to ensure the best outcome for the case. If you child indeed took part in this delinquent activity, the court will review the case and the minor’s history before imposing penalties.
What Are The Penalties?
Unlike penalties outlined for adults, the consequences of juvenile theft are known as a dispositions.
The most common include:
- Court Fines – ensure that these fines are paid in full to avoid additional penalties.
- Victim Restitution – the juvenile will likely have to pay up for the cost of goods or services stolen.
- Counseling – a court counselor will usually be assigned to ensure that your child stays on the straight-and-narrow after dispositions have been filed.
- Probation – the timeline for probation will vary from one child to the next, and similar to adult probations, all terms and conditions must be met to prevent added penalties.
- Treatment of Detention – in some cases, juveniles will be confined to juvenile detention centers, while others will need to rehabilitate with treatment programs.
Pending Cases
For pending cases, one advice that’s emphasized is securing legal counsel. Here’s why:
- The lawyer can present facts at the adjudicatory hearing, where defenses can be made, and rules are outlined on whether the juvenile is innocent or guilty.
- Negotiations can be made at the disposition hearing to request alternative sentencing.
To better prepare, juveniles and their parents are advised to compile good character references, along with proof of community involvement. Depending on the circumstances, there may be some diversion programs that can be plea bargained, well before an arrest is made.
