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Good afternoon. I'll be assisting you with your question.
Under Ohio juvenile criminal law, anyone under 18 is considered a "child" by the statute, and, as such, will be handled by the juvenile justice system, rather than the adult system.
Below is a link to the juvenile statutes: http://codes.ohio.gov/orc/2152
As you can see, the statute defines "child" as any person under 18 years old.
In the first situation, he had taken a laptop without permission and withdrawn $200. The sheriff said the $200 was not enough for him to be taken into custody. This time, he used the credit card for $165. With a second offense, with that be enough for an overnight? I want to get the point across that stealing from a parent is still stealing.
Is he on probation right now?
No. I skipped the part that when they added in the laptop to the cash, he got to go to Juvenile Detention overnight. He was put briefly on3 week probation and released. I insisted that he attend the course on Teen Thought disorders for 4 weeks. The Judge was going to let him off with nothing since it was a first offense. The child is ADHD and is medicated and is impulsive AND needs to learn to control behavior along with having medications.
Not being on probation reduces the chances of him going to detention overnight. In my experience, minor thefts like this do not usually result in overnight detention. However, your situation is different than most because you, the parent, would be asking that he stay overnight. Most of the time, as you might imagine, it is the opposite scenario.
Opposite as in, no overnight?
So, given that fact, I'd say the chances of an overnight detention are good, although I can't say for sure since I'm not familiar with the policies of your situation.
No, opposite being most parents trying to keep their kid out of detention. Since you will be requesting it, I'd say the odds are good.
As an attorney, do you think I am being too harsh?
No. Considering he's a juvenile, I think it is important to teach hard lessons sometimes.
That said, since I don't know your child or your specific situation, it is difficult for me to say exactly what is best for him.
Thank you. That's what I was struggling with. I didn't want him to be charged as an adult due to his age and I don't want to continue the behavior. You have been very helpful. I will call his counselor next and make my decision.
Glad to help.