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Category: Criminal Law
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Experience:  licensed attorney in criminjal law for 30 years
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I have a child arrested in Camden County GA

Customer Question

I have a child arrested in Camden County GA
Submitted: 8 months ago.
Category: Criminal Law
Expert:  RayAnswers replied 8 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 8 months ago.

Please give me more information and what questions you have here. thanks.

Customer: replied 8 months ago.
Thank youMy son has been arrested in Camden County, GA. He was arrested for "Theft by bringing stolen property into the state". Basically he was riding in a stolen car with two other teenagers. The case is originally from NC but NC won't extradite them. How long can he be held legally without being arraigned? He has a $6K bond but I won't pay it until I know he will be arraign for sure. Any advise will be appreciated.
Expert:  RayAnswers replied 8 months ago.

O.C.G.A. 16-8-9 (2010)
16-8-9. Theft by bringing stolen property into state

A person commits the offense of theft by bringing stolen property into this state when he brings into this

Expert:  RayAnswers replied 8 months ago.

O.C.G.A. 16-8-9 (2010)
16-8-9. Theft by bringing stolen property into state

A person commits the offense of theft by bringing stolen property into this state when he brings into this state any property which he knows or should know has been stolen in another state.

Customer: replied 8 months ago.
right
Customer: replied 8 months ago.
my son is one of 3 co defendants
Expert:  RayAnswers replied 8 months ago.

A theft is considered a misdemeanor if the value of the stolen property or service is $500 or less, with penalties of fines up to $1,000 and up to 1-year in prison. Georgia theft becomes a felony when the value of the property or service stolen is worth more than $500, with the sentence no less than 1-year and no more than 10-years in prison.

Do you know how much it was worth here?

Customer: replied 8 months ago.
no sir. he has a warrant out of NC for Larceny of a vehicle
Customer: replied 8 months ago.
however, he is never had the car in his posession
Customer: replied 8 months ago.
the other co-defendant had the car
Customer: replied 8 months ago.
the one driving
Expert:  RayAnswers replied 8 months ago.

So here if you make bail it is possible they do not extradite on the other warrant.Larceny is pretty low level here.

Expert:  RayAnswers replied 8 months ago.

14-72. Larceny of property; receiving stolen goods or possessing stolen goods.

(a) Larceny of goods of the value of more than one thousand dollars ($1,000) is a Class H felony. The receiving or possessing of stolen goods of the value of more than one thousand dollars ($1,000) while knowing or having reasonable grounds to believe that the goods are stolen is a Class H felony. Larceny as provided in subsection (b) of this section is a Class H felony. Receiving or possession of stolen goods as provided in subsection (c) of this section is a Class H felony. Except as provided in subsections (b) and (c) of this section, larceny of property, or the receiving or possession of stolen goods knowing or having reasonable grounds to believe them to be stolen, where the value of the property or goods is not more than one thousand dollars ($1,000), is a Class 1 misdemeanor. In all cases of doubt, the jury shall, in the verdict, fix the value of the property stolen.

(b) The crime of larceny is a felony, without regard to the value of the property in question, if the larceny is any of the following:

(1) From the person.

(2) Committed pursuant to a violation of G.S. 14-51, 14-53, 14-54, 14-54.1, or 14-57.

(3) Of any explosive or incendiary device or substance. As used in this section, the phrase "explosive or incendiary device or substance" shall include any explosive or incendiary grenade or bomb; any dynamite, blasting powder, nitroglycerin, TNT, or other high explosive; or any device, ingredient for such device, or type or quantity of substance primarily useful for large-scale destruction of property by explosive or incendiary action or lethal injury to persons by explosive or incendiary action. This definition shall not include fireworks; or any form, type, or quantity of gasoline, butane gas, natural gas, or any other substance having explosive or incendiary properties but serving a legitimate nondestructive or nonlethal use in the form, type, or quantity stolen.

(4) Of any firearm. As used in this section, the term "firearm" shall include any instrument used in the propulsion of a shot, shell or bullet by the action of gunpowder or any other explosive substance within it. A "firearm," which at the time of theft is not capable of being fired, shall be included within this definition if it can be made to work. This definition shall not include air rifles or air pistols.

(5) Of any record or paper in the custody of the North Carolina State Archives as defined by G.S. 121-2(7) and G.S. 121-2(8).

(6) Committed after the defendant has been convicted in this State or in another jurisdiction for any offense of larceny under this section, or any offense deemed or punishable as larceny under this section, or of any substantially similar offense in any other jurisdiction, regardless of whether the prior convictions were misdemeanors, felonies, or a combination thereof, at least four times. A conviction shall not be included in the four prior convictions required under this subdivision unless the defendant was represented by counsel or waived counsel at first appearance or otherwise prior to trial or plea. If a person is convicted of more than one offense of misdemeanor larceny in a single session of district court, or in a single week of superior court or of a court in another jurisdiction, only one of the convictions may be used as a prior conviction under this subdivision; except that convictions based upon offenses which occurred in separate counties shall each count as a separate prior conviction under this subdivision.

(c) The crime of possessing stolen goods knowing or having reasonable grounds to believe them to be stolen in the circumstances described in subsection (b) is a felony or the crime of receiving stolen goods knowing or having reasonable grounds to believe them to be stolen in the circumstances described in subsection (b) is a felony, without regard to the value of the property in question.

(d) Where the larceny or receiving or possession of stolen goods as described in subsection (a) of this section involves the merchandise of any store, a merchant, a merchant's agent, a merchant's employee, or a peace officer who detains or causes the arrest of any person shall not be held civilly liable for detention, malicious prosecution, false imprisonment, or false arrest of the person detained or arrested, when such detention is upon the premises of the store or in a reasonable proximity thereto, is in a reasonable manner for a reasonable length of time, and, if in detaining or in causing the arrest of such person, the merchant, the merchant's agent, the merchant's employee, or the peace officer had, at the time of the detention or arrest, probable cause to believe that the person committed an offense under subsection (a) of this section. If the person being detained by the merchant, the merchant's agent, or the merchant's employee, is a minor under the age of 18 years, the merchant, the merchant's agent, or the merchant's employee, shall call or notify, or make a reasonable effort to call or notify the parent or guardian of the minor, during the period of detention. A merchant, a merchant's agent, or a merchant's employee, who makes a reasonable effort to call or notify the parent or guardian of the minor shall not be held civilly liable for failing to notify the parent or guardian of the minor.

Customer: replied 8 months ago.
NC already said no extradition
Customer: replied 8 months ago.
when he was arrested he had the charge of theft byy bringing stolen property and fugitive of justice
Expert:  RayAnswers replied 8 months ago.

So you should consider bailing him you.The downside is that he would not get court appointed lawyer if he can make bail.So you have to talk that over with him, if he stays he is eligible to get free lawyer and they apply his time to his sentence if he pleads out.

Expert:  RayAnswers replied 8 months ago.

As hard as it is here sometimes making bail if he cannot afford a lawyer doesn't really help him.

Customer: replied 8 months ago.
after first hearing, bond was set at 6K for theft and o for fugitive
Now Fugitive of justice is been removed
Customer: replied 8 months ago.
I will not hire an atty and he knows it. Nor will I bail him out
Expert:  RayAnswers replied 8 months ago.

If he is indigent here and needs court appointed lawyer maybe he stays in jail here, the time would be credit for any kind of plea.He is likely going to have a plea deal at some point.

Expert:  RayAnswers replied 8 months ago.

So leave him there, it is better in many ways because he gets court appointed lawyer.Eventually they make a plea offer here, this is lower level crime.High misdemeanors with probation and fine and credit for his time here.

Expert:  RayAnswers replied 8 months ago.

Nad I hope it gives him a chance to reflect and change his ways here.

Customer: replied 8 months ago.
ok thank you
Expert:  RayAnswers replied 8 months ago.

You are so welcome.Everyone makes mistakes hope he can move forward here.Have agreat evening.

If you can rate 5 stars it is much appreciated.

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