What happens to a 17 year old who stole alcohol lied and resisted arrest? 34 Answers as of July 12, 2013

Today my friend was arrested for stealing alcohol at a CVS. She had refused to be searched by the store manager and walked out, and was pulled over walking along the street. She denied it, however when one officer looked he found the bottle stashed in a bush. She had mouthed off and talked about how she hated police, and was then handcuffed and put into the car, where she slipped her handcuffs and was yelled at and re-handcuffed. She was searched and was found in possession of cigarettes. So to finish my question, her grandmother wants to know what will happen, and that’s what I come here to ask. What could she be charged with, and if arrested how long could she stay in juvenile detention? She also had been charged once before for stealing cheap jewelry, and was just given a fine. Thank you for your time.

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Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
A child can be placed in detention until they turn 19. She is likely to be charged with shoplifting/Theft and minor in possession of alcohol. Looking at being placed on probation.
Answer Applies to: Nebraska
Replied: 6/8/2011
Deal & Hooks, LLC
Deal & Hooks, LLC | Shawn P. Hooks
Most likely they will be brought into the juvenile court. In Ohio a person under the age of eighteen who commits crimes is most often brought to court under the delinquency statute. Typically the penalties in juvenile court are not as severe as for the same offenses in an adult court. It is likely that she would be charged with theft, underage possession, possession of cigarettes, potentially resisting arrest or obstruction of business based on her conduct with the police and disorderly conduct. None of them carry the potential of a lengthy stay in detention assuming she does not have a record. It is likely that she would be in detention less than thirty days unless there have been prior charges or other charges.
Answer Applies to: Ohio
Replied: 6/8/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
You will have to wait and see what the actual charges are, but she could be charged with a few, such as petit larceny, possibly resisting arrest, obstructing governmental function ( similar to resisting arrest ) and others. She should hire an attorney especially since it is not her first offense.
Answer Applies to: New York
Replied: 6/8/2011
The Law Office of Kevin O'Grady
The Law Office of Kevin O'Grady | Kevin O'Grady
Whenever someone, especially a minor approaching the age of majority, is faced with a criminal charge, it is best to hire an attorney who can represent the person in both arenas.
Answer Applies to: Hawaii
Replied: 7/12/2013
Nelson & Lawless
Nelson & Lawless | Terry Nelson
The same as would anyone else who did those things. No one said anything about Juvenile Detention. Adult criminal charges are more likely. You'll learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.
Answer Applies to: California
Replied: 6/7/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    The charges would be processed in juvenile court if the DA chooses to proceed. The charges could be petty theft, disorderly conduct, obstruct an officer among possible others.
    Answer Applies to: Kansas
    Replied: 6/7/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    She is still a minor, and will be treated as such. She is likely to get probation with requirements that she complete various counseling to help redirect her. She shouldn't be smoking and drinking and stealing. Stay well.
    Answer Applies to: Alabama
    Replied: 6/8/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    At juvenile court she will have a hearing where she will be given an offer if she admits to the charges. If she takes the offer she is looking at 30-90 days in jail.
    Answer Applies to: California
    Replied: 6/8/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    In Louisiana, your friend could be charged with the violation of Minor in Possession of alcohol. The possible penalties for this violation are: -Fines of up to $500 -Driver's License Suspension -Alcohol and Drug Counseling -Probation -Community Service Additionally, if the store is pressing charges, your friend could be charged with Theft Under $500 for which the penalties are: -Fines of up to $1,000 -Jail time of up to 6 months -(If she has two or more prior convictions the penalties jump to fines of up to $2,000 and up to 2 years in jail) Finally, it sounds as though she could be charged with Resisting an Officer for which the penalties are: -Fines of up to $500 -Jail time of up to 6 months Because it sounds as though your friend may have a prior criminal record, it is advisable that she hire an attorney to help keep the possible charges and penalties for this arrest as minimal as possible. If you or your friend are seeking legal representation in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation.
    Answer Applies to: Louisiana
    Replied: 6/7/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    Theft; Minor in Possession of Alcohol; Obstruction of justice; Escape are all possible charges. How the case will be handled will depend a lot on how she is doing with juvenile probation on her old case. She needs a good lawyer.
    Answer Applies to: Washington
    Replied: 6/8/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    These are very serious charges that could land someone in jail for over 1 year. Your friend needs defense counsel ASAP. We can represent him or her.
    Answer Applies to: New York
    Replied: 6/7/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    At 17, you are viewed as an adult in the eyes of the criminal law. If charged at all, your friend will be charged as an adult. It would appear that there are various charges that she could face: MIP; minor in possession of tobacco products; resisting arrest are some that immediately come to mind. It will be up to the prosecuting attorney to determine what charges if any are brought.
    Answer Applies to: Michigan
    Replied: 6/7/2011
    Vermeulen Law office P.A.
    Vermeulen Law office P.A. | Cynthia J.Vermeulen
    The charges for the conduct you have described will depend on where the indecent occurred. Each state has different laws for juveniles (which are usually defined as persons under 18 years old). Since the person is 17, she will likely be charged with theft, resisting arrest, obstructing legal process, or similar charges under the law of the state in which this occurred.
    Answer Applies to: Minnesota
    Replied: 6/7/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    She will not be charged as a juvenile since she is 17. She can be charged with resisting arrest and petit larceny at the very least, both of which are Misdemeanors, each carries with it a year in jail or 3 years on Probation in NYS and $1000. fine. So she's in a good deal of trouble and an attorney should be hired for her to represent her in court. Good luck.
    Answer Applies to: New York
    Replied: 6/7/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    She is subject to the same maximum sentences as an adult, one year for the resisting arrest and six months for the petty theft. It is not a crime to "mouth off" to the police but is a factor in what the sentences should be. Beyond that it is difficult to predict what a juvenile court will do because they base their disposition on many other factors inc. the minor's school and family background.
    Answer Applies to: California
    Replied: 6/7/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    There are some preliminary things you must know. In Missouri, 17 year-olds are charged as adults for criminal actions. There will be no juvenile hall. Also, when she paid a fine to her first crime, that was a guilty plea. Paying that fine means that she has a conviction. This is her second offense, and that could affect the outcome of the case. You will need a lawyer. Someone is going to need to get copies of the police report and see if any of this can be thrown out. From there, you want an attorney who can negotiate with the prosecutor and get you the best possible plea deal. If your friend wants a trial instead of a plea, you will need an attorney to cross examine the witnesses against her. Assuming she is charged with all Class A misdemeanors, the range of punishment for each in Missouri is: up to 1 year in jail and/or a fine of up to $1,000 for each count. If you have any further questions or concerns, please feel free to contact my office.
    Answer Applies to: Missouri
    Replied: 6/7/2011
    Law Office of Michael Moody
    Law Office of Michael Moody | Michael Moody
    In Georgia, 17 year old defendants are tried as adults. Hire an attorney immediately. A theft conviction will absolutely prevent your daughter from ever obtaining meaningful employment. Obstruction of an officer is also a job killer for someone trying to find a job. An attorney may be able to get your daughter a pre-trial program that will prevent her from having a criminal record. She should immediately get an evaluation from a license substance abuse counselor regarding alcohol abuse.
    Answer Applies to: Georgia
    Replied: 6/7/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If this woman is 17 years old, she is an adult, so she will not be charged or held in juvenile detention. This is the law in Illinois, at least. She is facing retail theft charges, as well as possible resisting arrest and underage possession of alcohol. She will probably not have to serve any time in jail for these offenses, but will get some form of probation and possible community service, of course, assuming the prosecution can prove the charges against her. My advice to granny is to hire an attorney to represent her in court, for the consequences of a conviction at the tender age of 17 can stick with her for the rest of her life. It also sounds from what you say, that she could use some alcoholic counseling.
    Answer Applies to: Illinois
    Replied: 6/7/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Minors who commit crimes while still under 19 are eligible for Youthful Offender Treatment for their first offense. They will not have a criminal record, to to jail, or have a problem with employment. They may be placed on probation for a year and if they are arrested or violate probation they may face incarceration in a juvenile facility. The police computer will have the arrest and so the courts, government, and military will be aware of the arrest and Youthful Offender Status, but it will not usually hurt you in most military or employment circumstances for a petty offense like shoplifting.
    Answer Applies to: New York
    Replied: 6/7/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    As your friend is aged 17 she will likely be taken to the youth center and booked on the charges. She could be charged with theft of property 3d (shoplifting), resisting arrest, false statement to a police officer, minor in possession of alcohol and tobacco, and possibly disorderly conduct.I would think that the Judge at the Juvenile Court would be concerned as to her errant behavior. Rather than severe punishment I would believe that a physical and psychological evaluation would be ordered, drug and alcohol testing, drug and alcohol treatment along with anger management, and other various programs that are available at the Juvenile Court for rehabilitation and behavior conformity.However, her punishment may include incarceration or long term probation or even a commitment to state school if the court deems appropriate under the circumstances.
    Answer Applies to: Alabama
    Replied: 6/7/2011
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    If she doesn't have a criminal history then likely she will get a fine and pay restitution. These are minor offenses.
    Answer Applies to: Montana
    Replied: 6/7/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    A theft offense can be very serious. It is compounded by additional charges related to providing false information to a police officer and/or resisting arrest. WIth regard to the theft alone, any theft under $500 is a misdemeanor. Such an offense is still punishable by up to 90 days in jail and a $1000 fine. The collateral consequences of a conviction can also be extremely significant and preclude a person from finding employment where background checks are performed. Often, if you have no prior offenses, a conviction can be avoided with a Stay of Prosecution. A Stay of Prosecution means that the offense is never recorded on your record and stayed for a certain period of time to ensure that you do not have another offense. We can assist you in making sure that your record is not affected.
    Answer Applies to: Minnesota
    Replied: 6/7/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    She could be charged with Retail Fraud. The amount of the item will determine to what degree and how severe the charge is. She could also be charged with Resisting and Obstructing an Officer which is a felony. At 17 she could be charged as a juvenile or as an adult. More than likely she will be placed on some sort of probation but could possibly do some time in jail or juvenile detention. She needs to retain or at least speak to an experienced criminal attorney as soon as possible to have him review the police report to determine the likelihood and the strength of the case.
    Answer Applies to: Michigan
    Replied: 6/7/2011
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    Although she might be held at the youth detention center, if this case is in Georgia she will be prosecuted as an adult. At 17 years of age all offenses in Georgia are treated as adult offenses. She is facing numerous possible charges, including theft by shoplifting, underage possession of alcohol, disorderly conduct, and maybe obstruction of a law enforcement officer. If so, she could face several years in jail or on probation, fines & fees, counseling, community service, and drug & alcohol random screens. I strongly suggest that her grandmother consider finding her an attorney. Also, the girl may need some counseling (to help her with her personal issues and to help her stay out of jail).
    Answer Applies to: Georgia
    Replied: 6/7/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Thank you for your inquiry The best advice is for her to hire an attorney to represent her and answer all of her questions. Without some more information, it is difficult to predict an outcome. When it comes to what you describe, there are many choices which need to be made before the case can be addressed. First, being 17, it is likely that she is charged as an adult. Juvenile treatment is only required when the person is not yet 16,and even then, there are exceptions and the person could, by traditional or automatic waiver, (in appropriate cases), be tried as an adult. Next, the type of charges to be anticipated include retail fraud and possession of cigarettes being underage. The retail fraud charge is likely a Ret F 3rd (assuming you are in Michigan), which is typically a 93-day misdemeanor. The likely outcome is 1-yr probation, unless there are other circumstances or the person has a prior criminal record. Cigarettes is a minor charge typically involving a fine. R&O (Resisting and Obstructing) is another matter. There is discretion in charging, however, this can be tricky. There are different charges associated with R&O, but in this case, likely a 93-day misdemeanor, if charged. Being under 21, HYTA would be possible, which could keep things off her record. However, her prior record will determine eligibility, and the facts of the case will determine whether the prosecutor and judge will agree to this treatment. In all, there are numerous factors that go into this case, and an attorney needs to be hired to sort through all of it and give accurate information. The information here is general and not intended to be relied on for any decision making purposes. Should her case be in Wayne, Oakland or Macomb Counties, then I would look forward to an opportunity to discuss this case with her.
    Answer Applies to: Michigan
    Replied: 6/7/2011
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    She could be charge with petty theft or even burglary concerning the alleged theft of the alcohol. She also could be charged with resisting, delaying and obstructing a police officer. Whatever she is charged with she will be in Juvenile court. If she has no prior juvenile record she likely will get probation and some days in juvenile hall.
    Answer Applies to: California
    Replied: 6/7/2011
    Law Office of Craig E. Gibbs
    Law Office of Craig E. Gibbs | Craig Gibbs
    17 is treated as an adult.
    Answer Applies to: Louisiana
    Replied: 7/12/2013
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    This person needs to hire an attorney immediately. These questions can all be answered upon a consultation with an experienced local attorney, such as myself. Feel free to call if you have any additional questions.
    Answer Applies to: Michigan
    Replied: 6/7/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    In Georgia, a seventeen year old would be treated (and prosecuted) as an adult and face potential incarceration. You should consult with and retain an experienced criminal defense attorney in your state. Good luck!
    Answer Applies to: Georgia
    Replied: 6/7/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    First of all she is 17, so she will not be treated as a juvenile. She gets to be treated as an adult. These are matters that could go on her record for life and affect her going to school or the types of jobs that she can get. She needs an attorney. If hse mouths off to a judge like she did to the cops, she is looking at jail time at least. She needs some type of counseling, treatment and attitude adjustment. A good attorney would get her into counseling and try to work out something so she would have no record if she does what the court requires her to do.
    Answer Applies to: Michigan
    Replied: 6/6/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    She needs to consult with a lawyer who can discuss options. She will probably be charged as an adult.
    Answer Applies to: Michigan
    Replied: 6/6/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    Each state's laws are very different. In Colorado, the consequences depend upon whether your friend has been in trouble before and what other issues are going on once juvenile court is involved. Her attorney will be able to tell her if she's facing fines, probation, and many other things that simply vary depending upon the facts mentioned above.
    Answer Applies to: Colorado
    Replied: 6/6/2011
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