Legal Question in Criminal Law in California

Re: high school student stole a car

Your son will obtain a court date by mail - that is a true statement. However, he will first be contacted by the juvenile probation department for an interview of both him and you.

I would strongly suggest that you hire an attorney prior to that probation interview. The probation interview will largely determine the punishment your son will receive in the court.

Moreover, your son will be asked to discuss the events surrounding the vehicle theft (Vehicle Code section 10851). His statement is a violation of his Fifth Amendment right to remain silent.

Unfortunately, the probation department takes his non-cooperation as a slight and will use it against either him or you in their recommendation to the court on his punishment. Your son will clearly be punished much more harshly unless you have an attorney to prepare you for the interview and have that attorney make the appropriate objection to having your son discuss the facts surrounding the case.

Finally, make sure you have an attorney who is extremely comfortable in juvenile court as it is very different from adult criminal court. The juvenile system is a mixture of civil and criminal law. The civil aspect allows the court to ignore your son's constitutional rights of having a jury trial and not to incriminate himself but the end result is your son could be civilly convicted to a case where he receives a strike under the 3 strikes your out law (25 years to life after the 3rd strike regardless of the amount of time that has passed between crimes. In other words, he can be 50 years old and this juvenile case will count against him if he breaks the law at that time.)

In regards to attorney fees, a competent juvenile attorney can run you anywhere between $3500 to $7500. The cost difference is based upon what you hire the attorney to do (Trial included would obviously be more expensive).

If you would like to discuss this case in greater detail, please feel free to call myself or my partner Greg Rizio. We accept payment plans and credit cards if that helps.

Re: high school student stole a car

Because your son is 16 years old he should be dealt with in the Juvenile Justice System. If the crime involved a gun or car jacking, then things could be much more serious for him. Because he is over 16 years old, if the offense has some of the other elements I mentioned above, it could count as a "strike" for purposes of enhancing sentences in future cases.

If you son has not been in trouble before and the car was stolen when it was unoccupied, then he may be charged with a simple auto theft VC10851. The police refer the report to the juvenile probation department. If you son hasn't been in any trouble before the probation department may not refer the case to the District Attorney's Office and he may not have a juvenile case to deal with. They may contact you and have you talk to them.

If your son is charged with an offense, you should get an attorney for your son. There are quite a few options available to try since he has no prior history, so it's always good to have an attorney represent you in these proceedings.

If you want to discuss this further, please feel free to call.

Good luck,

Elena Condes

Re: high school student stole a car

Your son definitely needs an attorney. If you can't afford one, the court will appoint an attorney for your son at public expense. Then he/she can answer your questions.

Re: high school student stole a car

you should consult with an attorney as soon as possible. this is considered a "critical stage" of the proceedings against your son, and you do not want him speaking with the DA or anyone without first consulting an attorney period. have an attorney go over the factual circumstances leading to the arrest and everything thereafter in order to properly advise your son of his rights and legal strategy asap. if you would like further legal assistance in this matter, do not delay any further in consulting with an attorney. you may contact our office for such assistance today.