My 17 year old son was charged with 3 felonies, will he have to do time for them? 71 Answers as of May 29, 2013

My son was charged with 3 felonies, one for attempted burglary, one for theft (over $500) and one for vehicle theft over $10,000. He is 17 with no prior record.

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Austin Hirschhorn, P.C.
Austin Hirschhorn, P.C. | Austin Hirschhorn
You have not indicated if all the felonies your son was charged with were committed at the same or different times. The time the different felonies took place could very well make a difference in how the charges will be treated by the prosecutor and affect what plea offer might be made. The circuit court where the charges will be heard and the judge to whom the case is assigned can also affect whether a defendant will get jail time. He will need the assistance of an experienced criminal lawyer.
Answer Applies to: Michigan
Replied: 8/26/2012
Law office of Robert D. Scott | Robert Scott
If your son is tried as a juvenile first offender, there may be programs that he qualifies for. If he's tried as an adult, he does face jail time and fines.
Answer Applies to: Maryland
Replied: 8/18/2012
Law Office of Christopher G Humphrey PC | Christopher G Humphrey
Depends on the Judge, the DA or County attorney and whether the property was returned. Best I could say is maybe.
Answer Applies to: Wyoming
Replied: 8/13/2012
The Law Offices of Stephen L. Richards | Stephen L. Richards
He probably will not have to do prison time, but it is critical to avoid a felony conviction.
Answer Applies to: Illinois
Replied: 8/13/2012
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
It would be unusual for a 17 year old to be sentenced to prison when he has no prior record. He is likely to receive youthful offender status and probation.
Answer Applies to: Alabama
Replied: 8/13/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Yes he could be sent to prison, he needs an attorney.
    Answer Applies to: Michigan
    Replied: 8/13/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If these are separate incidents, with separate arrests, he will do some time, perhaps having to do boot camp at the county jail or the department of corrections.
    Answer Applies to: Illinois
    Replied: 8/13/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes he might do some time.
    Answer Applies to: New York
    Replied: 8/13/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    There is no guarantee that we could keep him out of jail and I would have to get far more information that you have provided here. However, it is certainly possible that we may be able to keep him out of jail. No prior arrests is a big factor. There is a lot more that we would need to learn.
    Answer Applies to: Massachusetts
    Replied: 8/13/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    The charges actually filed will determine how much time and other penalties could potentially be imposed.

    You'll learn the actual charge[s] and any enhancements filed and get copies of all the police reports and prosecutors' evidence when appearing for arraignment at the first court hearing.

    In California, if convicted of any felony, you potentially face one or more years in prison, plus fines; on any misdemeanor, you potentially face up to 12 months in jail, plus fines. Priors and strikes would have added penalty enhancements under the 3-Strikes rules.

    The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, expected testimony, history, etc.

    First time offenders generally don't receive max penalties, but there are no guarantees. These are not trivial charges, and they are not going to be excused away.

    Answer Applies to: California
    Replied: 8/13/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    The ultimate sentence potential for these offenses can include some jail time. The decision is the judge's based upon your son's personal history and the specific crimes he is convicted of. If he has an attorney, consult him for details.
    Answer Applies to: Kansas
    Replied: 8/13/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    It is a possibility it really depends on the county where the crimes were committed, and the judge assigned to his case. Because he has no prior record you should retain an attorney to explore a variety of options to avoid a criminal record and jail time.
    Answer Applies to: Michigan
    Replied: 8/11/2012
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    The prosecution could request that he be waived out of family court to superior court or the judge could send him to the training school until his 21st birthday.
    Answer Applies to: Rhode Island
    Replied: 8/11/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    A judge, even in the juvenile system, has the discretion to suspend a sentence or order incarceration as long as the sentence imposed does not exceed the statutory limits. A judge must consider the facts of the offense, prior criminal history, victim statements and personal history of the defendant. A judge in Nevada is not bound to impose any particular sentence within the statutory guidelines. There is no way to determine what sentence a judge will impose if a person admits the offense or is found guilty.
    Answer Applies to: Nevada
    Replied: 8/10/2012
    Reza Athari & Associates, PLLC | Seth L. Reszko
    At this point, you can't tell whether he will have to do any time. If he takes a plea, he DA could offer probation rather than having to serve any time. The fact that your son has no prior criminal history and the crimes do not appear to be violent in nature, he is probably a good candidate to receive probation. Good luck.
    Answer Applies to: Nevada
    Replied: 8/10/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    If he had already reached 17 years old at the time of the first alleged offense, then he is considered to be an adult. He is looking at potential prison time. The judge makes the final sentencing decision. Retain an attorney. In what city did the alleged crimes happen?
    Answer Applies to: Illinois
    Replied: 8/10/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Whether he does time depends on the details and his attorney. He should get a good one to defend him.
    Answer Applies to: Michigan
    Replied: 8/10/2012
    Law Office of Gregory Crain | Gregory Crain
    Maybe, Maybe not. Each case is different, so I would talk to a lawyer.
    Answer Applies to: Arkansas
    Replied: 8/10/2012
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    If he is 17, he will be charged in juvenile court at least and thus will not have a felony record. You will need an experienced attorney to represent him who might be able to negotiate a favorable disposition as to punishment depending on all the facts.
    Answer Applies to: California
    Replied: 8/10/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    With no history and a good lawyer he would not likely do time. He may also be eligible for diversion. Give us a call.
    Answer Applies to: Nebraska
    Replied: 8/10/2012
    Vargas Law Office LLC | Ronnie Ismael Vargas
    It depends on various factors. The seriousness of the offense, the need to protect the community and the need to punish/rehabilitate the individual are some of the factors a Judge will take into consideration when sentencing your son.
    Answer Applies to: Wisconsin
    Replied: 8/10/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    Whether or not he will do any time depends on what he is finally convicted of, if anything. The fact that he is 17 will not, in and of itself, prevent him from being sentenced to either jail or prison.
    Answer Applies to: Michigan
    Replied: 8/10/2012
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    It is quite possible he will do time for those offenses. Sentencing varies widely from place to place.
    Answer Applies to: Georgia
    Replied: 8/10/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    With good counsel and good character evidence, he should only get probation, boot camp, or maybe even a Consent Decree.
    Answer Applies to: Pennsylvania
    Replied: 8/10/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    Many factors will decide the answer to your question: particularly where it occurred, who the prosecutor is and who the judge is. Seek legal representation asap.
    Answer Applies to: Minnesota
    Replied: 8/10/2012
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    There are many factors that go into determination of sentence and plea bargains. Your son's attorney should be fighting to insure that your son receives at worst a sentence of probation.
    Answer Applies to: New York
    Replied: 8/10/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    I think these are all 3rd degree felonies, the sentence for each could be up to 5 years in prison. Since he has no prior record, he might be offered probation. He will need a privately retained criminal defense attorney. His freedom is too precious to risk.
    Answer Applies to: Florida
    Replied: 8/10/2012
    Law Office of Jared C. Winter
    Law Office of Jared C. Winter | Jared C. Winter
    At 17 with no prior record, he probably won't do significant time if he is convicted.
    Answer Applies to: California
    Replied: 8/10/2012
    T.K. Byrne | Timothy K. Byrne
    If he does not have to serve time he will be lucky. He may receive shock incarceration for six months. He could receive suspended time or a non-adjudicated sentence.
    Answer Applies to: Mississippi
    Replied: 8/10/2012
    Herschel Bullen
    Herschel Bullen | Herschel Bullen
    That is a bit of a crystal ball question. First offenders are generally given a second chance with emphasis on rehabilitative programs and treatment, but the answer will depend entirely upon the surrounding circumstances, the severity of the crime and damage or injury caused to the victim, other historical information about your son, other such factors, and the recommendation of the probation department and the prosecutor. The ultimate decision will be solely up to the judge.
    Answer Applies to: Utah
    Replied: 8/3/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    I would like to know the facts of the case, but with three separate felonies, I would say there is a really good chance.
    Answer Applies to: Washington
    Replied: 8/10/2012
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    There are several factors that goes into the determination of a sentence by the judge. At this point if your son has an attorney, I suggest you consult with that attorney. If he does not have an attorney, he should have one and he needs one.
    Answer Applies to: Georgia
    Replied: 8/10/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Time? Only if he gets convicted. Find him an attorney.
    Answer Applies to: California
    Replied: 8/10/2012
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    He will be lucky if he can stay in Juve Court.
    Answer Applies to: Virginia
    Replied: 8/10/2012
    Nenye Uche—Attorney at Law
    Nenye Uche—Attorney at Law | Nenye Uche
    At 17, with no prior records, he is in a better position than someone with a record who is much older. With that being said, these are still very serious charges. Most likely, if his lawyer works really hard (assuming he has one), he might be able to sell the prosecutor on boot camp or probation with some serious theft deterrence classes. It will be tough, certainly not a guarantee, but very possible. Hire a lawyer right away.
    Answer Applies to: Illinois
    Replied: 8/10/2012
    Law Office of Howard A. Snader
    Law Office of Howard A. Snader | Howard Snader
    These are all felonies....they all carry probation eligible offenses, but probation could include one year of jail. If the court believes probation to be inappropriate, then the court can send him to prison on one or all the offenses. The terms of probation and/or prison will be subject to any plea or trial result. You really need to consult with counsel. Please feel free to give my office a call.
    Answer Applies to: Arizona
    Replied: 8/10/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    If your son has no previous criminal history, then he should not be charged as an adult and the case should be in juvenile court. Hire an attorney familiar with juvenile court proceedings to give him the best chance of avoiding jail time or juvenile detention.
    Answer Applies to: Utah
    Replied: 8/10/2012
    Steven Alpers | Steven Alpers
    That depends on a number of issues. The most important is if he has any prior record, which you state he does not have. In any case he could end up in your house, foster care, a youth camp or juvenile hall. Since he has no prior record he probably is looking at the lower end of the punishment.
    Answer Applies to: California
    Replied: 8/10/2012
    Thomas White | Thomas White
    Probably not. However, you need to consult with an attorney asap. Just as big an issue for you is protecting his record. The right attorney can help him avoid a criminal record.
    Answer Applies to: Michigan
    Replied: 8/10/2012
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    It all depends on court, prosecutor and defense lawyer. In most cases a 17 will not serve time, but getting a good lawyer is very important. Feel free to contact me.
    Answer Applies to: New Hampshire
    Replied: 8/10/2012
    Salladay Law Office | Lance Salladay
    Ultimately it will be up to a judge, but there is a pretty good likelihood given the offenses that he will have to do some time in a juvenile facility.
    Answer Applies to: Idaho
    Replied: 8/10/2012
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    No.
    Answer Applies to: Nevada
    Replied: 5/29/2013
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    He COULD avoid jail. Give me a call, if you like.
    Answer Applies to: New Jersey
    Replied: 8/10/2012
    Law Office of Ronald G. Draper | Ronald G. Draper
    He has a lot of serious cases against him. Unless he can be acquitted of most or all of them he probably will be sent to prison.
    Answer Applies to: Illinois
    Replied: 8/10/2012
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    It all depends on where the offenses took place and the reason for the crimes - does he have a drug problem?
    Answer Applies to: New Jersey
    Replied: 8/10/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Your son is eligible for Youthful Offender Treatment and therefore would not have a criminal record if convicted or takes a plea, but he will have a YO record which can hurt in many ways with schools, jobs, and the military. It is not as bad as a criminal record, but it has consequences. He lacks a good moral compass and is not a good decision maker. He failed to realize just how much his actions will effect the rest of his life. It is unlikely that he will go to prison, but he could get a short jail term or probation. If he violates probation he could get a lengthy prison term.
    Answer Applies to: New York
    Replied: 8/10/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Your son is in deep trouble and could well do time. With the number and severity of them I would expect they will seek to try, and punish him, as an adult. Beyond that generality, it is impossible to answer your question definitively on the facts presented, please call my office with additional details and for an appointment.
    Answer Applies to: Michigan
    Replied: 8/10/2012
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    Whether he will have to due time is determined by what he is pled to. A plea bargain can reduce the amount of time that he will serve. Many of us criminal attorneys offer a free consult.
    Answer Applies to: New Jersey
    Replied: 8/3/2012
    Jason B. Richards, Attorney at Law | Jason B. Richards
    If he was under 18 at the commission of the alleged crimes then he would need to be certified as an adult by the Juvenile Court. I am assuming he has already been certified as an adult in answering this question. If he has not been so certified, then the following answer does not apply. The maximum punishment for crimes varies depending on the degree of felony or misdomeanor that a person is convicted under. Here is a link to the courts website that outlines the maximum penalties that each degree of felony carries: http://www.utcourts.gov/howto/criminallaw/penalties.asp Remember- at this point, your son has not been convicted of anything, only charged. He has the presumption of innocence until he is proven guilty beyond all reasonable doubt. You should contact a lawyer to see what your options are.
    Answer Applies to: Utah
    Replied: 8/10/2012
    Pingelton Law Firm | Dan Pingelton
    That's hard to say. Given the nature of those charges, he needs to get a lawyer ASAP.
    Answer Applies to: Missouri
    Replied: 8/10/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Three felonies are serious business. A burglary alone can carry with it presumptive prison sentences. and, at the age of 17, the State may try to treat him as an adult or as part of an extended juvenile jurisdiction. You should hire experienced legal counsel.
    Answer Applies to: Minnesota
    Replied: 8/10/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    THREE (3) FELONIES? JAIL TIME IS POSSIBLE. You need to retain an attorney ASAP. It'll cost you about $2,000 per felony. Good luck.
    Answer Applies to: Michigan
    Replied: 8/10/2012
    Hernan Law Firm | Jamie B. Hernan
    He may qualify for a diversion program, first offender program or other option that would help him avoid or reduce any potential jail time (or possibly have his charge dismissed or resolved through a withheld adjudication). Those are serious charges and he really needs to get an experienced attorney who can represent him in the case. His age and lack of a prior criminal history will certainly help; however, you need to get an attorney involved who can review the evidence against him, identify defenses and negotiate directly with the prosecutor.
    Answer Applies to: Georgia
    Replied: 8/6/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    Your son should consult with an experienced NH criminal defense attorney to review his case. rwise your answer will not be valid.
    Answer Applies to: New Hampshire
    Replied: 8/10/2012
    MatthewR. Schutz, Esq | Matthew R. Schutz
    If this is his first run in with the law he qualifies for pretrial intervention. This involves no jail time. If he successfully completes the program, charges are dismissed.
    Answer Applies to: New Jersey
    Replied: 8/10/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Felonies as a first arrest is very bad. Why is he stealing other people's property? You need to remediate his behavior immediately. As for the law, find the best criminal defense lawyer you can afford you need to get these felony charges reduced.
    Answer Applies to: New York
    Replied: 8/10/2012
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    Depends. Probably not if handled properly.
    Answer Applies to: Nevada
    Replied: 8/10/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    He absolutely could. You need the best lawyer you can afford. Going to depend on the court, the county, the DA, your lawyer and the facts.
    Answer Applies to: Texas
    Replied: 8/10/2012
    Pearson, Butler, & Carson, PLLC
    Pearson, Butler, & Carson, PLLC | Matthew R. Kober
    There is not enough information here to decide. It will largely depend on his criminal history, whether anyone was injured, how many total charges he has, etc. Every case is different. I've have felonies go with time and without time. You should consult an attorney.
    Answer Applies to: Utah
    Replied: 8/10/2012
    Mary W Craig P.C. | Mary W Craig
    If he is 17, and has not already applied for Youthful Offender Status, he is likely to be granted YO status. That means his sentence cannot be longer than 3 years. Your son is charged with serious crimes. His lawyer can better answer this question because the lawyer knows the DA in your son's jurisdiction, knows the judge who will consider his YO application and who will sentence him. If your son does not yet have a lawyer, and you cannot afford one, then your son should immediately tell the Circuit Clerk or the judge that he wants an appointed attorney. He will have to fill out an affidavit of hardship, and if he qualifies, your son will be appointed a defense attorney. That attorney is the one who will negotiate with the DA and help work out the final sentence. Good luck to him.
    Answer Applies to: Alabama
    Replied: 8/10/2012
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    Probably not, if you have the right attorney.
    Answer Applies to: California
    Replied: 8/10/2012
    Sedin Begakis & Bish | Mindy Bish
    It depends if he is being charged as a minor or as an adult and also if he has ever been charged with a crime before.
    Answer Applies to: California
    Replied: 8/10/2012
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    Based on the following facts that you have written: Your son is 17 years old, he has no prior record and he has three felonies: I would say that a good lawyer will keep him out of prison.
    Answer Applies to: Florida
    Replied: 8/10/2012
    William L. Welch, III Attorney | William L. Welch, III
    That depends on whether his case is resolved in juvenile or criminal court, the seriousness of the harm, his record, mitigation, and the judge.
    Answer Applies to: Maryland
    Replied: 8/10/2012
    Pietryga Law Office | Russ Pietryga
    Because your son is 17, jurisdiction will be in the juvenile court. Juvenile's are adjudicated as delinquents regardless of the offense. That said, juvenile judges are more concerned with rehabilitation rather than punishment. However, if your son does not have a way to pay restitution he could be sent to a work camp, if convicted, to pay off the restitution ordered. Lastly, because this is a first offense, your defense attorney and district attorney should be able to work out a resolution that will keep him out of detention or a juvenile facility. Hope this helps.
    Answer Applies to: Utah
    Replied: 8/10/2012
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    It will depend on a lot of factors not included in your question. Was he charged in adult court or juvenile court? Consult a good lawyer to get specific advice for your case.
    Answer Applies to: Pennsylvania
    Replied: 8/10/2012
    John P Yetter | John Yetter
    The only fair answer is maybe. Determining jail time on a case is an art not a science, but I can certainly see many ways that jail can be avoided in this set of circumstances.
    Answer Applies to: Illinois
    Replied: 8/10/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Very very likely. Contact an attorney for consultation, because your question is way too general.
    Answer Applies to: California
    Replied: 8/10/2012
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