Legal Question in Criminal Law in Arizona
My 15-year-old son and two friends were caught (pictures) playing on and around huge planters at a business complex by the property manager. He called police and us and threatened to have them arrested for criminal damage to property unless we agreed to pay for repairs which he said would be about 150 dollars. We felt put on the spot as we did not want the boys arrested (never been in trouble before) so we said yes even though most of the damage is old and done by kids in previous years and not by our boys. Now the repair amount is twice as much or more and he will not discuss this with us, just wants us to pay the whole amount even though they did not do much if any. It has been a month or so, can he still have them arrested if we refused to pay his amount and go with initial amount or if we decide not to pay? I feel taken advantage of and a little coerced. wusdicsuss iteh e l d cavby t bcoplexplanteradn arouer caugh
2 Answers from Attorneys
The best thing to do, as in any similar case, is to directly contact an attorney to discuss the circumstances.
I didn't quite catch that last line.
Anhow, Here's what you need to know. Yes, he can contact the police for up to one year after the incident to report a misdemeanor criminal damage and criminal trespassing. Assuming he has evidence (pictures) then law enforcement will take a report. Since it has been a month, your child will most likely not be hauled off to juvi. If caught in the act, kids are usually detained, but if they are home safe with a responsible parent, then an officer will not detain your son. You will likely receive a summons in the mail and you must appear at your county's juvenile court. Juvenile court adjudications are different than criminal convictions however they have some very real and serious consequences. Here, your child is accused of a misdemearnor. If this is his first time offense, then he can be granted a diversion. Different counties call it different things. Yuma county has a program where the kid has to meet with a juvenile probation officer, write an apology letter and complete other tasks. Sometimes they are sent to a community Justice board where the penence process gets really creative. Since this is a victim crime, the prosecution may not allow your son to participate and he will likely be convicted and placed on juvenile probation. Although it is an adjudication, it is on his record and Arizona does not have closed juvenile records for delinquents. It could affect his ability to get into the military or it may affect his abillity to get a low bail or OR release if he gets charged with a crime as an adult. Probation fees in my county are $60 per month. That's $720 a year plus any attorney's fees that may be assessed. When considering the juvenile system, its costs and possible implications to your son, you may want to pay the $300 amount that the extortionist is asking for. It will likely be cheaper than going through the legal process. Basically, it won't hurt to pay the guys bill; it can only help. If he gets nasty and turns on you later and makes a report with law enforcement (he has every right to do so and yet, at the same time, no obligation to do so.) then you can bring up to the Juvenile prosecutor that you already paid restitution and tell the prosecutor that the "victim" agreed not to call the cops if they would pay his $300. You'll likely get a deferred prosecution due to the fact that the guy extorted the money out of you and is no longer the victim.
Best of luck. These cases always have intricacies that aren't addressed appropriately in these limited formats. Mr. Orent gives the best advice. Contact an attorney.
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