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My nephew is 17 and was caught stealing 2 lighters at

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My nephew is 17...

My nephew is 17 and was caught stealing 2 lighters at Walmart in Georgia. He just turned 17 and has never been in any trouble. He is an honor roll student and has always done well at school and an arhlete. What can we do he has been looked at by numerous universities

Lawyer's Assistant: Because education law varies from place to place, can you tell me what state this is in?

Georgai

Lawyer's Assistant: Have you talked to a lawyer yet?

No we are going to Monday. But he was picked up at Walmart and they carry lost and prevention court settlers

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No so far he has never been in any trouble. Is this going to possibly ruin his chances with collegw

Submitted: 7 months ago.Category: Family Law
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Answered in 7 minutes by:
1/14/2018
Family Lawyer: RobertJDFL, Lawyer replied 7 months ago
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 15,343
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. To clarify, was he arrested or given a citation to appear in court by the police?

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Customer reply replied 7 months ago
No he was arrested and booked for theft by shop lifting
Customer reply replied 7 months ago
Sorry I am not in a position to pay anymore than I have for the first few. So any help is helpful
Family Lawyer: RobertJDFL, Lawyer replied 7 months ago

You can ignore the phone call requests --those come from the site, not me, sorry. Just give me a few minutes to type out a response.

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Customer reply replied 7 months ago
Thank uou
Family Lawyer: RobertJDFL, Lawyer replied 7 months ago

So at 17, I don't know whether they will charge him as a juvenile or an adult. Either way, it's a minor crime.

If he is charged as an adult, it's a misdemeanor. While it is theoretically punishable under the law with up to a year in jail and/or up to a $1,000 fine, for a first offense and something so minor, the court isn't going to give him jail time. A likely sentence would be a fine and probation. He may also be offered "first offender" status, also sometimes called "diversion" or "pretrial diversion." With diversion, a person agrees to the program terms -things like an anti-theft class, community service, a fine, etc., and if they stay out of trouble and complete the program successfully, then the prosecutor agrees to drop the charges. Usually diversion lasts about a year. Think of it as probation.

I'll give you more information about the juvenile process in just one moment, I wanted to give you this information first.

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Family Lawyer: RobertJDFL, Lawyer replied 7 months ago

If they handle this through the juvenile courts (and that decision is again left the prosecutor's office as to how to charge him) this would likely be handled through informal adjustment because the alleged crime is so minor. Generally speaking, an informal adjustment is when a juvenile must admit wrongdoing, and in exchange, is placed on informal probation and is required to perform community service or other activities. The juvenile may also be required to refrain from certain activities (e.g., avoid Walmart stores, or abide by a curfew). If the terms and conditions of the informal probation are successfully completed, the case may be dismissed.

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Family Lawyer: RobertJDFL, Lawyer replied 7 months ago

I think the informal adjustment/diversion is going to be the likeliest path. The good news there is once the case is dismissed, he will have no criminal charge (and can then look into getting it sealed/expunged). Now, many colleges DO in their applications ask about criminal cases. So if they ask if he was arrested, he would have to truthfully answer yes. That's not to say it would be an instant denial of his application, but a school may want more details about the case or to appear in person and explain his actions, for example.

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Customer reply replied 7 months ago
He has never been into any trouble should we possible get some letters from people within our community that shows his character. Also provide information regarding his school
Family Lawyer: RobertJDFL, Lawyer replied 7 months ago

That can be helpful to show a prosecutor -it won't hurt. It's not going to convince a prosecutor to drop the matter, but any extra push to offer the chance to have the charge dropped upon completion of something like informal adjustment or diversion will be helpful.

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Family Lawyer: RobertJDFL, Lawyer replied 7 months ago

Please let me know if there is anything I may clarify for you or any additional information you need. If not, please remember to leave a positive rating for me by clicking on the stars at the top of the page as that is the only way experts like myself are compensated by the website. Thank you.

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