Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

My 16 year old was just arrested $70 from his

Customer Question
My 16 year old was...
My 16 year old was just arrested for stealing $70 from his employer. He has admitted to doing this. I am told he is being charged with a class h felony but I thought this amount was a misdemeanor especially since this is a first time offense. What should I ask for in court? I've never done this before.
Submitted: 2 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 28 minutes by:
5/17/2015
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,732
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified
Hello,
My name is ***** ***** I am an experienced criminal lawyer.
I understand your confusion. If this were just a regular theft offense, a theft of only $70 would be a misdemeanor. However, it's embezzlement.
North Carolina has a special section of the penal code for a theft from one's employer.
Under GS 14-90 it is a Class H felony to steal any amount less than $100,000 from one's employer.
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-90.html
At age 16 in North Carolina, your child is considered an adult for purposes of prosectution. That means he will come before a judge facing a felony charge.
There is nothing YOU will be able to ask for. You are not a part of this case and will not get to appear before the judge. Only a lawyer can advocate for your son in court. You need to get him representation.
If you can afford a lawyer for him, have the lawyer appear with him on his court date. If you cannot, then he needs to plead NOT GUILTY when he is arraigned on these charges and then he can ask the court for a public defender.
Do not let him handle this without counsel. Criminal cases can have lifetime consequences and your son's future may depend on how well this case is handled.
Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
So I have not and cannot talk to him to tell him anything. How is he supposed to know what to do? Do I just let him stay there indefinitely? Seems like 10k bond is a bit much for $60 and I can't even talk to him or guide him. How is taking $60 embelzement over larceny?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years ago
Please read the statute I have linked you to. You will see for yourself that if you steal FROM YOUR EMPLOYER for any amount less than $100,000, you will be charged with a felony.
Will the DA indict this case? I would hope not. I would hope that he would reduce the charge to a misdemeanor theft offense because I think that's what the case is worth. However, that would be at the DA's discretion and if he wants to proceed with this as a felony charge, the law of your state would support it.
Whether you can visit him in jail before his court date is up to the police. However, you will not be able to stand with him when he is before the judge. You will not be able to advise him as to what to do when he's before the judge. Only a lawyer is allowed to advocate in court for his client. If you can afford a lawyer, you need to hire one to be with your son on his court date. A lawyer can also visit him in jail, even if/when you cannot.
Otherwise, if you are indigent and as he is a jail case, there's a good chance that there will be a public defender appointed to him for his first court date, and if that's the case he will take care of the arraignment for you. If he is alone when he comes before the judge, he needs to plead NOT GUITY at his arraignment and ask for a free lawyer. That's the only way his rights stay open so that a deal can be worked out later with the prosecutor and your son's lawyer, which, with any luck, will allow him to come out of this without a theft conviction on his record. Theft convictions, even on a misdemeanor level, can substantially restrict a young person's career opportunities. This case has to be handled correctly.
Ask Your Own Criminal Law Question
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,732
28,732 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I have a dismissed petty theft misdemeanor from over 7 years
I have a dismissed petty theft misdemeanor from over 7 years ago, will this keep me from getting a licenses from FINRA? … read more
QuickEasyLegalHelp
QuickEasyLegalHelp
79 satisfied customers
Was recently charged with theft, due to my previous
Was recently charged with theft, due to my previous employers policy, I have been prosecuted as such. I have a perfect record and would like to keep it that way. … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
If the victim of a theft by fraud conviction provides
if the victim of a theft by fraud conviction provides balances using a higher interest rate than they actually paid to determine the loss and amount of restitution by the Court, is this grounds for en… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,377 satisfied customers
I was charged with 1st offence felony larceny in NC and was
I was charged with 1st offence felony larceny in NC and was sentenced to complete 75hrs community service. While competing my service at the salvation army a lady said I took something without paying … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
On a extradition case...charge is Larceny out of the state
On a extradition case...charge is Larceny out of the state of Minnesota....after a 10 day detainment....what is to be expected if the extradition doesn't happen? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
Im looking too see if a petty larceny can get removed or if
im looking too see if a petty larceny can get removed or if MWC will do diversion programs... … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,720 satisfied customers
I got court papers for 2 counts of theft. But one count I
I got court papers for 2 counts of theft. But one count I have proof the vehicle is mine and the other I bought but never got a bill of sale even after asking. And first is pending and the other is I … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
In criminal court, I understand that when an accused has
In criminal court, I understand that when an accused has Clemency from the State Board of X that it can not be held against the accused.So what about in civil court?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
If someone has multiple misdemeanors for theft and driving
If someone has multiple misdemeanors for theft and driving while barred. And is on probationAnd they leave the state Is there a time limit before they can return Or are they a fugitive and will. BE in… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
What is the punishment for a class misdemeanor for theft of
what is the punishment for a class b misdemeanor for theft of lost or mislaid property for first time offender … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
I was accused of petty larceny and would like to know if my
I was accused of petty larceny and would like to know if my lawyor can get it dismissed because it was only 14.00 dollars and I didn't do it like they said … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,732 satisfied customers
12 years ago i received an A misdemeanor for theft but only
12 years ago i received an A misdemeanor for theft but only last year i found that the court house had me filed as a felony for 12 years!!! i never understood why i was rejected from fire departments … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
I am trying to find out if misdemeanor theft can be expunged
I am trying to find out if misdemeanor theft can be expunged in MD … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,732 satisfied customers
I have been charged with a misdemeanor for retail theft, and
I have been charged with a misdemeanor for retail theft, and when I showed up for my court date, the judge rescheduled my court date and told me to get a lawyer. Should I go with a lawyer or a public … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My son was charged with misdemeanor larceny. He has a prior
My son was charged with misdemeanor larceny. He has a prior deferred prosecution for a different charge. What can he expect to happen from the court system? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x