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Valkyrie1877 · Jul 16, 2009, 09:37 AM

My fifteen year old sister recently got arrested for trying to steal a pair of $40 dollar shoes (on sale for $20), and now has a court date. I assume that this is considered petty theft?

I would like to know what to expect from this. What exactly will happen? Will there just be a judge? Witnesses? Lawyers? Should she have her own lawyer?

MOST IMPORTANTLY- My father hates my sister and has made it clear that he plans to try to get her into as much trouble as possible with the law. I need to know who exactly he would be saying this to, if this would have any actual impact on my sister, and if there are any countermeasures I can take.

Any information at all would help.

JudyKayTee · Jul 16, 2009, 09:57 AM

Where? What State/country?

I realize you believe your father will try to get your sister into trouble. So far she seems to be doing a good job of getting into trouble by herself.

excon · Jul 16, 2009, 11:44 AM

Originally Posted by Valkyrie1877

Should she have her own lawyer?.

Hello V:

She should. That'll take care of your other concern too.

excon

Valkyrie1877 · Jul 16, 2009, 12:29 PM

Originally Posted by JudyKayTee

Where? What State/country?

In New York State.

I realize you believe your father will try to get your sister into trouble. So far she seems to be doing a good job of getting into trouble by herself.

Was that really necessary? What I meant was that my father will do everything he can to make her look as bad as possible and leave her as worse off after this as he possibly can, most likely by telling a whole lot of lies. What I would like to know is if he will even have a chance to say anything, and if so, will other people be able to speak as well? Such as her school social worker? Or even myself? I want to make sure that his lies won't just be believed without question or investigation.

excon- Do you know if I, her sister, will be able to get a lawyer for her? Or does it have to be her parents?

JudyKayTee · Jul 16, 2009, 12:36 PM

Anyone can retain an Attorney for her but if the Attorney does NOT meet the approval of her parents or guardians the Attorney has to withdraw - at least in NY.

Her father will not speak in open Court. My guess would be that there is a chance she will be referred to a social worker, something along those lines, for counselling, to see why she steals/stole. I doubt that family members speaking on her behalf can either help or hurt her at this point, primarily because she's under age.

Past arrests, of course, would be quite harmful, as will her attitude in Court.

If your father is attempting to get a 15-year old into trouble "worse than what it is," is anyone taking any action to strip him of custody (if he has custody) in order to protect this child?

You are in NY - what Court will she be in? Juvenile?

excon · Jul 16, 2009, 12:39 PM

Originally Posted by Valkyrie1877

Excon- Do you know if I, her sister, will be able to get a lawyer for her? Or does it have to be her parents?

Hello again, V:

The lawyer can be hired by anybody...

What would make the cops interview her father anyway? He doesn't have any evidence, and cops ain't social workers.

excon

JudyKayTee · Jul 16, 2009, 12:42 PM

Originally Posted by excon

Hello again, V:

The lawyer can be hired by anybody....

What would make the cops interview her father anyway? He doesn't have any evidence, and cops ain't social workers.

excon

Respectfully disagree with the "anybody" statement, at least in NY (which is where I have knowledge). Anyone CAN retain an Attorney BUT if the person represented is underage the parent/legal guardian can refuse that representation on behalf of the arrested person OR ask the Court to terminate the Attorney's services. This keeps the father, mother, Grandmother, etc. from all retaining separate counsel if they don't agree on one Attorney.

If the father is the legal guardian/parent and is out to "get" the 15 year old, he can refuse the services of an Attorney paid for/retained by anyone other than himself.

As far as interviewing the father - I think OP is thinking about plea bargaining and character witnesses, that type of thing.

Or, again, maybe not.

excon · Jul 16, 2009, 01:05 PM

Hello Jude:

I read what you said earlier about the parents... But, if there are controvercies between the parent and the defendant, as is apparent here, even in NY, I'll bet the judge would allow her to hire her own lawyer. Course, I'm just guessing. You live there.

excon

PS> Your box is full and you changed your email. You can't get rid of me that easily...

JudyKayTee · Jul 16, 2009, 01:16 PM

I don't think a 15-year old has the means to hire an Attorney. Maybe so. Goodness they seem to have more money than I do!

PS - right. Moon is full so lots of PM's which I haven't read.

Same email address. Try it again! (Not avoiding you - avoiding "them.")

mtngirl20 · Jul 16, 2009, 01:24 PM

Ounger son got caught stealing at Hannaford's grocery store when he was 16 years old. He stole a bunch of items totalling no more than $20. He had to go to court. The court fined himfor the exact amount he stole from store, he was banned from Hannaford's for 1 year. He had three months probation with a curfiew of 6:00pm school nights, 8:00 pm Sat. & Sun. and other items listed, no drug or alcohol use, had to have good attendance in school, no arrests or getting in trouble during the term of his probation. Hope this helps.

mtngirl20 · Jul 16, 2009, 01:27 PM

I forgot to add that my son did not need to hire an attorney. He pleaded guilty, and his consequence was not that harsh as I mentioned in my previous post. I'm not sure how much her father can influence the court. He was not the victim and probably has no bearing in this case. If so, she can ask for a public defender and the court has to provide one.

JudyKayTee · Jul 16, 2009, 01:32 PM

Originally Posted by mtngirl20

I forgot to add that my son did not need to hire an attorney. He pleaded guilty, and his consequence was not that harsh as I mentioned in my previous post. I'm not sure how much her father can influence the court. He was not the victim and probably has no bearing in this case. If so, she can ask for a public defender and the court has to provide one.

She may not be eligible for a public defender if her family has the funds to pay for an Attorney.

Otherwise your experience has been most helpful and informative.

If the family has the funds to retain an Attorney - no matter whose choice it is - it is a good idea. I think the results "may" be the same but you will know she got the best advice she could and the Attorney has the ability to discuss the matter in great detail with the DA. ALWAYS GO WITH AN ATTORNEY IF YOU CAN AFFORD ONE!

s_cianci · Jul 16, 2009, 01:34 PM

Your sister is a juvenile, charged with a misdemeanor. She'll get a lecture from the judge and probably probation for a year or so. The terms of the probation would include (obviously) no further brushes with the law, strict curfews, regular school attendance, keeping grades at a satisfactory level and staying out of trouble in school. The probation officer assigned to her case will monitor these things. As for your father, there's really nothing he can do above and beyond what the court does. Your father doesn't have the authority to write case law so his hands are tied. The judge may willingly listen to what your father has to say but his mind will pretty much be made up from the get-go. As for a lawyer, don't waste your money. The most essential witness will be the individual who caught your sister attempting to steal the shoes in question. I presume a police report was made out? Without such a report and without the testimony of the store security officer (or whoever caught your sister) there'll be no case.

Valkyrie1877 · Jul 16, 2009, 08:32 PM

Thanks for the help.

JudyKayTee-
She will be in family court. This seemed kind of odd to me, is this routine? My mother insists that the cops told her that she did not need an attorney, but that could very well be a lie to cover that my father just does not want her to have an attorney because, again, he is trying to make this as bad as possible. And unfortunately, no, no one is trying to strip him of custody. Psychological abuse is so hard to prove. Believe me, I've been trying for a very long time to get someone to do something, but my efforts have been in vain.
My sister has never been arrested before, and has straight A's in accelerated classes at school. Her behavior is the result of my father's psychological abuse; just an outlet for her anger at him, and also a way to have some kind of control over her own life, and also a way to make him know that she exists. Do you think that it will be possible for this to come out during her court appearance? Will they look into her situation at all or just yell at her and send her home? I am hoping that this situation will finally bring my siblings' and my situation to the attention of family court.

In any case though, you seem to think that my father will not have an audience, and if he does try to make things worse, it will just make him look suspicious and will result in him possibly being investigated, and not his words being taken seriously. Is that correct?

PS- The shoes that she stole were immediately returned to the store (they never actually left, the sensors went off as she was exiting) and she has been banned from that store and it's sister stores. Any ideas what kind of outcome this will have? Probation like mtngirl20's son? Fines? Community service?

Fr_Chuck · Jul 16, 2009, 08:42 PM

The cops want them found guilty, they are not the ones to get legal advice from. In fact they are suppose to tellyou that you have a right to an attorney.

Often in Juv court, they will have at least a advocate if not a attorney to represent the interest of the child.

But remember Juv court does not follow all the same rules of evidence and procedure that adult court does,

Valkyrie1877 · Jul 16, 2009, 08:50 PM

Is family court different from Juvenile court?

Also, the cops said that this won't be going on her official record, it will just be in the police records. Does that indicate anything? For example, does that exclude the possibility of probation (because I assume that being on probation would go on one's record?).

Also, the cops told us that the judge would ask my parents how my sister has been behaving. My father constantly antagonizes my sister, and so she leaves the house. We fear that he will just tell the judge that she is out of control and we won't be able to tell our side of the story.

rainacidbeer · Jul 17, 2009, 05:32 AM

It's a misdemeanor,small amt,juvi and 1st time in trouble. There not going to throw the book at her,the father not going to have much say on what the judge does. She just lucky that she wasn't an adult and the record can be sealed.