Legal Question in Criminal Law in Michigan

The juvenile court process is handled differently than the adult criminal court process. Much more information is needed to assess the options available to your son. He certainly would benefit from retaining counsel. I've see some terrible outcomes with court appointed counsel in the juvenile system even more so than the adult criminal courts.

Feel free to contact my office to discuss.

Jail is not an option because he is too young. He cannot be housed with adult defendants in the sheriff's jail. Juvenile detention is only used as a last,, short-term resort if his behavior cannot be controlled through less-restrictive options, or if the general public needs to be protected by having him in a secure setting. The family court's juvenile division MUST try to keep the youth with family or family-like settings as the first option (i.e., remain with mom and dad but maybe impose conditions that protect the public like a tether) while the case is being adjudicated (pretrial conference, plea or trial, and up to the disposition/sentencing hearing). If that doesn't work, maybe placement with a relative will work. If that doesn't work, maybe a foster home will work. Etc. Etc. Once all the less-restrictive placement options fail, the court can opt for detention. Once the case has had a disposition / sentencing, detention is not a real option because there's not much programming (services) available in detention beyond schooling. the goal of juvie delinquency court is rehabilitation (positive change toward better choices and behavior), not punishment. If the youth needs as a last resort a confined / locked up rehabilitation program, it has to include counseling, etc. That's not "detention". My county has detention, but also has several other programs where kids either live overnight w/ family and are transported here for day services, or the kids are here 24/7. One program is focused solely on drug/alcohol dependence issues. The point I'm making is that the family court needs to find what your son's issues are that need correction, improvement and rehabilitation. Most can be accomplished with kids living at home and doing out-patient counseling, etc. It's the tips of the icebergs who need residential.

Juvenile records are sealed. The 18 year olds will be charged with a 5 year felony. Under ordinary circumstance, it would be unwise for your son to conceal their identities. B&E auto is a popular crime among teenagers. Usually the cars are unlocked and little of value is taken. If this is his first offense, his plea can be taken under advisement and will be dismissed after he completes a period of probation with no contact with his co-conspirators. The prosecutor will ordinarily offer this to your son before he pleas.