[cozyk]

Last night my 17 yr. old son was arrested and taken to jail for shop lifting. The store manager ran out to the parking lot, retrieved the merch. My son drove away, manager called police with the license plate number, and was stopped by the police a short distance later. Seventeen is considered an adult in Ga. So he went to jail and the other guy(16 yrs.) was able to go home with his parents.

I let him stay in jail over night but we will bail him out today. I don't even know how all that works. Is shoplifting a felony or misdemeanor? Do you pay the entire amt. or a percentage or what.

This is not his first offense. When he was 15 he was arrested when his 14 yr. old girl-friends father discovered nude pix of him, he sent to her over the internet. This was a felony. He got community service, fines, probation for 6 months.

While doing this probation, he got stopped for driving without a license. Again, we go to court, fines, more probation and requirements.

After finishing all the requirements, probation, etc. we were told that IF he had no other violations, his record could be expunged after 2 years IF we partition the court for this. I lectured him that he could not even get a parking ticket. So much for that now.

We hired an attorney for the internet thing. I did not feel he gave it his best shot. He was late for court, although he got there before our case was called but I was sweating it. He seem to fumble around. We paid him $2,500.00 for I don't know what. Since my son is now considered an adult, would he qualify for a court appointed atty. Or will our family income prohibit that since he is our minor son?

I just need to be accompanied by someone that knows their way around a court room and the legal system. The last two times we were in court, I did not understand half of what they were saying to us.

He needs to get a job, but he can't use his last job as a reference due to the circumstances of his firing.

Now, what ever becomes of this , will make it even harder. I am at a loss. I'm so scared
And in a state of panic. My heart has not stopped pounding sine I got the dreaded call last night. Can't sleep. The mountain in front of me is too large and unknown. Somebody please throw me a rope if you have had any experience in this. Especially in Ga.

[George_1950]

Hi cozy: do not give up. Kids this age can be a tremendous bother and embarrassment, but they are also loaded with potential for doing good. The best attorney for you is one for whom you get a personal referral from friend or family. You might try here if you are having no luck: GACDL Home Page
Be ready to give your boy a hug!

[cozyk]

Hi cozy: do not give up. Kids this age can be a tremendous bother and embarrassment, but they are also loaded with potential for doing good. The best attorney for you is one for whom you get a personal referral from friend or family. You might try here if you are having no luck: GACDL Home Page
Be ready to give your boy a hug!

Thank you for your words of encouragement. We don't know of anyone that has used an attorney. The only person I know that used one had a court appointed one in SC. From previous experience, I got the impression that you had to prove that you could not afford one. At least in Ga.

How will he ever get a job with this on his record? I'm so worried:(
My heart won't slow down and my mind is racing all over the place.

[CUgirl]

Hey Cozy, Depending on how much merch was stolen decifers if it's a felony or not. I actually had some experience with theft, a whole lot of it actually. I found someone's credit card and charged it up the wahoo and eventually let my conscious turn myself in. This was when I was a minor though and also my first offense. I had a bunch of charges including impersonation but I got away with deferred judgement and probation.
As far as it goes for you... my parents delt with a ton of with me, first the theft and then drugs and drinking... I stopped talking to my parents when I was 17 and have been on my own. Until one night when iwas arrested for poss. Of a controlled substance and I ended up calling my parents because I was so scared. It took me going to jail for 2 days to get my life together. My advice for you is let your son live and learn. I know its hard for you but any individual needs his own strong foundation to live on. Hes 17, and obviously hasn't established one himself. Maybe this is a time for him to get started on that. Look at it this way, at least its for shoplifting and not drugs or dui or something more severe.
God doesn't give anyone something they can't handle, so be strong right now and know that in christ, all things are possible.

[excon]

Hello mom:

Relax. Although troublesome, these are minor offenses. Even sending his nude picture was a petty offense, that I personally wouldn't even call a crime.

That's not make light of his troubles. The more little scrapes he gets into, you just know a bigger one is waiting to happen, so this IS serious. I don't know what the court will do. Maybe a few days in jail and more community service.

He's either an adult or a minor. He can't be both. If Ga thinks he's an adult, then he's going to qualify on his own account, or not, for a public defender.

I don't know what to tell you that will put him back on track.

excon

[cozyk]

Hello mom:

Relax. Although troublesome, these are minor offenses. Even sending his nude picture was a petty offense, that I personally wouldn't even call a crime.

That's not make light of his troubles. The more little scrapes he gets into, you just know a bigger one is waiting to happen, so this IS serious. I dunno what the court will do. Maybe a few days in jail and more community service.

He's either an adult or a minor. He can't be both. If Ga thinks he's an adult, then he's going to qualify on his own account, or not, for a public defender.

I don't know what to tell you that will put him back on track.

excon

Thank you so much for taking the time to answer me. My biggest
Worry is that this is the third time he has had a run in with the law in less than 3 years.

The nude picture thing turned out to be enormous. After the girl- friends father saw the pix (he went on line and pretended to be his daughter and chatted with my son) our home was raided by 4 or 5 sheriffs deputies and a detective. I was out of town at the time. My husband and son were just about to pull out of our neighborhood when all of a sudden blue lights surrounded them and instructed them to go back home where they ALL came back and searched the house for an extasy pill , (I don't even know how to spell it) that they (son and GF) had purchased to share from someone at school. They took the computer (that belonged to my daughter) and we got it back several months later. He was labeled as a sexual offender at age 15.
They are tough in in Ga.

[talaniman]

3 run-ins with the law in 3 years. I think some tough, very tough love, is in order. As long as you there to bail him out, and get him a slap on the wrist, this is the behavior you can expect again, until he is an adult, and he pays the price himself. I think he bites the bullet on this one.

[cozyk]

Okay, this is what I find. In Georgia: Shoplifting is a misdemeanor when the value if UNDER $300. The penalty is a fine, possible community service, probably banned from the store/mall for a period of time. You must also make restitution (pay back what you took) and possibly pay any related expenses to the store such as time spent by security guards and so forth. If it is not the first offense it's a lot harder but I believe this is your first offense - ?

It becomes a felony when OVER $300 - and then they really play tough. But you don't need to know about that right now because, hopefully, this has been a lesson - a frightening, thought provoking, life altering lesson.

Make the Court happy and move on with your life.

Thank you for looking into this. Where did you find this info? What if he had 2 offenses as a juvenile. Age 15 and 16. Will these be brought up?

[JudyKayTee]

Thank you for looking into this. Where did you find this info? What if he had 2 offenses as a juvenile. Age 15 and 16. Will these be brought up?

Look up Georgia State law -

Yes, the previous charges can (and depending on the disposition, will) be brought up and enter into sentencing. I posted thinking this was a first time offense. There can be jail time.

If there are three shoplifting incidents, no matter what the amount, no matter what the age, it rises to a FELONY with jail time, as I previously posted. I take this to mean three previous incidents which would not count this particular incident.

Obviously if this person continues to shoplift once a year and get caught he/she will be doing jail time this time next year so it's time to shape up.

[cozyk]

Look up Georgia State law -

Yes, the previous charges can (and depending on the disposition, will) be brought up and enter into sentencing. I posted thinking this was a first time offense. There can be jail time.

If there are three shoplifting incidents, no matter what the amount, no matter what the age, it rises to a FELONY with jail time, as I previously posted. I take this to mean three previous incidents which would not count this particular incident.

Obviously if this person continues to shoplift once a year and get caught he/she will be doing jail time this time next year so it's time to shape up.

I'm so sorry, I've confused you.
When he was 15, and his girlfriend was 14, her father found gov pix of him on her computer. The father was instant messageing my son pretending to be his daughter.
The father pressed charges, detectives and 3 deputy sheriffs stormed through our home and took his computer and cell phone. He was labeled a sexual offender at 15. The outcome of that was 6 months probation, community service, fines, 2 essays, a letter of apology to girlfriend and her family, counseling for 6 or 8 weeks . Can't remember exactly.and several other assignments.

When he was 16, he had his driving permit, not his actual license. He had a few guys staying over but their was one girl in the bunch. Her "date?" had fallen asleep so my son offered to take her home. Un-beknownst to me they went out the basement door, and took my car and he drove her home. They were parked in front of her house for awhile
And the neighbor across the street called the police for a suspicious vehicle.
The outcome of that was court fees, 250.00 fine, had to pay for 8 weeks of judo,plus judo outfit, 8 weeks of meeting with a court appointed "advocate" I guess you would call her, more essays, 6 months probation, with several visits to her office and then she had to come here and view our home, living conditions, son's room, etc. and more.

We finally were able to close that file and the probation officer wrote a favorable report. In 2 years, IF he had a spotless record, then those records would be sealed. I stressed to him how careful he had to be, no parking ticket, speeding ticket, ANYTHING that could mess this up.

This latest incident happened when he was in the basement with some guys, one of the guys mom brought him over, she came in, introduced herself, wanted to make sure it was okay to stay over, and that we would be there etc. Ironically, he is the one that carried the beer out of the store and my son was the driver. A stocker chased them out of the store, retrieved the beer, and the store manager called 911. They were picked up less than a mile from the store. I don't say it was that kids fault, my son was 100% responsible for his actions no matter what was going on with his peers. I just say that because it's so ironic because we are all concerned attentive parents and our kids are from good homes.
Needless to say, my basement hangout is CLOSED.

[JudyKayTee]

I'm so sorry, I've confused you.
When he was 15, and his gf was 14, her father found gov pix of him on her computer. The father was instant messageing my son pretending to be his daughter.
The father pressed charges, detectives and 3 deputy sheriffs stormed through our home and took his computer and cell phone. He was labeled a sexual offender at 15. The outcome of that was 6 months probation, community service, fines, 2 essays, a letter of apology to gf and her family, counseling for 6 or 8 weeks . can't remember exactly.and several other assignments.

When he was 16, he had his driving permit, not his actual license. He had a few guys staying over but their was one girl in the bunch. Her "date?" had fallen asleep so my son offered to take her home. Un-beknownst to me they went out the basement door, and took my car and he drove her home. They were parked in front of her house for awhile
and the neighbor across the street called the police for a suspicious vehicle.
The outcome of that was court fees, 250.00 fine, had to pay for 8 weeks of judo,plus judo outfit, 8 weeks of meeting with a court appointed "advocate" I guess you would call her, more essays, 6 months probation, with several visits to her office and then she had to come here and view our home, living conditions, son's room, etc. and more.

We finally were able to close that file and the probation officer wrote a favorable report. In 2 years, IF he had a spotless record, then those records would be sealed. I stressed to him how careful he had to be, no parking ticket, speeding ticket, ANYTHING that could mess this up.

This latest incident happened when he was in the basement with some guys, one of the guys mom brought him over, she came in, introduced herself, wanted to make sure it was okay to stay over, and that we would be there etc. Ironically, he is the one that carried the beer out of the store and my son was the driver. A stocker chased them out of the store, retrieved the beer, and the store manager called 911. They were picked up less than a mile from the store. I don't say it was that kids fault, my son was 100% responsible for his actions no matter what was going on with his peers. I just say that because it's so ironic because we are all concerned attentive parents and our kids are from good homes.
Needless to say, my basement hangout is CLOSED.

I don't know what you do, I really don't. You sound like your feet are on the ground (congratulations - everybody else seems to blame everybody but their own son) and I'm sure you are frustrated.

Well, it sounds like he messed up this time and has a real good chance of having the old charges reinstated. Certainly looks like he violated the terms of his probation.

Have you consulted with an Attorney? I don't think I'd try to handle this myself.

[cozyk]

I don't know what you do, I really don't. You sound like your feet are on the ground (congratulations - everybody else seems to blame everybody but their own son) and I'm sure you are frustrated.

Well, it sounds like he messed up this time and has a real good chance of having the old charges reinstated. Certainly looks like he violated the terms of his probation.

Have you consulted with an Attorney? I don't think I'd try to handle this myself.

Yes, we do have an attorney. We meet with him tomorrow. When they "booked" him at the detention center a magistrate met with him and ask if this was his first offence as an adult.. He streesed adult. Spoke with our attorney today about juvinile charges being taken into consideration. He said they should have no bearing on this case but they could be known because all this happened in the same county. My son and I did some digging today into some community service he could do now, whether it is court mandated
Later or not.

I am not as worried about what his sentence will be, he will just have to suck it up, and own his decision. I am more concerned with his future with a misdamenor conviction on his record. Also, I don't know what it is going to take to make him stop in his tracks, give 2 seconds of thought about what is right or wrong and not jump on his first impulse.

Impulse control has always been an issue. I've heard that is a problem with ADD kids but he needs to rise above it.

[George_1950]

Assuming he did have a misdemeanor on his record, and he should give this some serious thought, he may be able to have it expunged later.

[smearcase]

I don't know the law and I don't know GA law. But I can recognize a very troubling pattern when I hear about it. No respect for authority sure comes to mind.
He has to have competent legal representation which you may have to help arrange.
Beyond that, he needs to figure out how to get out of the predicaments he is putting himself into. If he doesn't accept reponsibility and knows you will bail him out, nothing will change---ever!! He needs to go own his own very soon and I would tell him he had better get in training for it. Good luck. Its very tough but it is your only chance.

[Fr_Chuck]

Ok, well that 17 thing is GA is sort of iffy, but yes at 17 normally they will go to adult court in GA. He made several mistakes, first he did not stop but ran off, had he just stayed with the store person, most likely he would have never went to jail.

At 17, OK, I kow the scare factor is worth something but to be honest, he should not have stayed the night in county ( or city jail) he will be in general population most likely and not know what to do, it is very dangerous, since those arrested and not convicted yet are all held together basically, so there could be a armed robber, a rapist and drug dealers by the dozen all in the same cell block and often there are 5 to 10 men in one cell in bunk beds. So I don't mean this wrong, unless you talked to them and had him in protective custody, I would not want a 17 year old in places like Fulton County or Cobb County lock up.

There will be a bail amount, you will do one of two things, you can pay the entire bail to the jail, and when he shows up in court, you get that money back, or you can pay a bail bondsmen 10 to 20 percent of the bond, to post the bond for you. But you will not get that money back, that is his fee.

This will be a misdemener.

His prior crime since it was done as a minor ( unless they tried him as an adult) should not even come up, but if it does come up, it will only come up at sentening

Now is he off probation, if not, he is screwed, he needs to call his PO right away, if he is off PO, this will violate that agreement and that will remain on his record ( but only if tried as an adult) if he was tired as a JUV in JUV court, then at 18 those records are sealed anyway.

And to be honest 2500 dollars normally won't even get a good attorney to show up in court, sorry but most charge at least 5000 to do a case at trail just for the retainer and it can be more if there is a lot of appearances, esp on a felony. But yes you need an attorney because of all of this, they need to look into all of the issues

In GA is you bail him out of jail, he can not get a court appointed attorney, they have a rule if you have enough money to make bail, you have enough money for an attorney.

So if you leave him in jail till trial, he can have a court appointed attorney, but if you bail him out almost always you will have to pay for your own attorney

Where does he live in GA

So sorry I know I did not help, most likely made it worst,

Police officer in GA, worked with Fulton County courts, was probation officer in GA and worked with GA state prisons, So yes, sort of know my way around GA courts

[cozyk]

We live in , Forsyth County. He stayed in jail one night. He said there was a bunch of people in a room. There were some thin foam rubber mats on the floor. No blankets or pillows. There was a TV and a "bathroom" of sorts in there.

I paid bail the next day. $605.00 plus 13.00 fee for something. He said the night that the night that he went in a magistrate came in and spoke to them all as a group and then one on one. He ask my son if this was his first crime as an adult and that was just about it.

His prior crime was as a minor. Also, he has been off probation for about 6 months.
Today we went to the bank and he withdrew money from his savings to pay me back, we found a place that he can start community service now, and not wait on any court appointed thing or even if that will be required. We got a GOOD haircut, and we returned to a place he had applied for a job and spoke with the manage about the status of his app.
Last night I let my friend ( Rob) that I used to work with spend some time with him on the phone. When I met Rob, he was wearing an ankle monitor for a year, had 200 hrs community service, and he has just recently completed his 5 year probation Rob was 23 when he was arrested with the federal crime of copyright theft. It was a MAJOR deal. My son had met Rob before and was willing to hear his story and learn something.
Tomorrow we meet with his attorney. Court date is May 8th. Is that just to hear the plea and then come back later for sentencing or can you do all that in one court appearance?

Anyway, that is where we are right now. BTW , our son will be paying us back for attorney fees.

[George_1950]

Cozy writes/asks: "Court date is May 8th. Is that just to hear the plea and then come back later for sentencing or can you do all that in one court appearance?" Most likely, the arraignment, where he enters his plea. If he has agreed to a plea bargain, your son's attorney can make that announcement. There can be factors that would cause your son to need additional time and plead 'not guilty', and have the case placed on a trial calendar.