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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 22413
Experience:  14 years practicing criminal defense.
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I have a senior son who is 18 and enter his school to do a

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I have a senior son who is 18 and enter his school to do a senior prank but zip tying chairs together. He turned himself in to the school administration and they in turn turned him to the local police. He was read his Legal Rights and had to write a statement to what he did. He is now charged with Criminal Mischief in the 5th Degree and has a court appearance coming up. If he pleads gulity, what happens as far as charges? Can he ask for a Deferred judgement so it is not on record for life and maybe a lesser sentencing ? Also does this on his reccord effect him getting college loans, for he is off to college this fall. He is a honor roll student and has never been in trouble before. He is a very good kid and just made a bad judgment call doing what he did and is very sorry for what he did. What do we do ? Never had to deal with the law before. Thank you ! DEB
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Barrister replied 2 years ago.
Hello,

The truth of it is that if he hasn't been in any trouble before and this is his first contact with the courts, it is extremely likely that they will offer him a deferred judgment with a plea of guilty that would consist of him doing some community service and staying out of trouble while he is completing it. Once he gets done with it, they will then dismiss the charges and he wouldn't have a conviction on his record. After the charges are dismissed, the entire incident should be expunged from his record.
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The court will see this for what it is...a high school prank and won't treat him too harshly. As a former Public Defender, I have seen dozens of similar situations and they were all essentially resolved the same way. A lot of community service followed by a dismissal.
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Thanks.

Barrister

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Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

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Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.

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If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

.

Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 2 years ago.
So how does this work - he appears in front of the judge and says I plea gulity and ask for a deferred judgement or does that need to be done by the judge on their own. How long is the community service generally ? So lets say he gets 160 hours, so when he is done fulfilling those hours and the charges are dropped at that time, this convention will not be on his record. So when he goes to apply for a job or loans for college he won't need to mention it or list it? He is a very well thought kid in the comuunity just made a real stupid decision with friends... Thank you
Expert:  Barrister replied 2 years ago.
If he has an attorney, and he should, (either a private attorney or a public defender), then the attorney would have talked with the prosecutor prior to any court appearance about the case. They would have essentially worked it out before he goes to court and his attorney would have discussed it with son.
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Once the deal is reached, son would appear before the judge and the prosecutor will tell the judge that he recommends a deferred judgment upon a plea of guilty. The judge will then go over the terms of the agreement with son and ask him if he understands it. Son would then plead guilty and the judge would order the deferred judgment under the agreed on terms.
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When he is done with any community service (and 160 hours is probably a bit high, more like 60 or so) he would return to court and the judge would then review the case and enter the dismissal and expungement.
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And yes, once it is expunged, it is as if it never happened and he could legally state that he has never had a conviction or been charged with a crime.
.

.

.

Thanks.

Barrister

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.

.

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

.

Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 22413
Experience: 14 years practicing criminal defense.
Barrister and 4 other Criminal Law Specialists are ready to help you

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