Legal Question in Criminal Law in Michigan

Juvenile

How much time will a 13 year old teenager get if they got caught by the police i a stolen car with a friend. But they wasnt driving and they didnt know it was stolen. And they wasnt found guilty?


Asked on 5/08/08, 5:50 pm

2 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Juvenile

Possible charges could include aiding or abetting a UDAA (Unlawfully Driving Away an Automobile), or aiding/abetting a Joyriding, or aiding/abetting Receiving/Concealing of a Stolen Motor Vehicle. But these charges would depend on evidence that the 13-year old knew or had reason to believe that the vehicle was stolen. So, for example, if the driver was another 13-year old, THIS 13-year old passenger would know (or should know) that the driver wouldn't have the car legally, and if the passenger gave any aid or encouragement to the driver to keep doing an illegal act, this might be enough to convict the passenger.

If the teenager is not charged, or a charged case is dismissed, or the teen is found not-guilty of the charge ... then the teen would 'get' "no time".

If the teen is convicted of something regarding this incident, and is prosecuted in juvenile court as a delinquent youth, the teen still wouldn't "get 'time'" as a consequence. Delinquency dispositions/sentences do not impose punishment (e.g., jail, fines, etc.). The focus is on rehabilitation.

Most kids are put on probation and allowed to live with their parents; probation terms might include assessments and follow-up counseling, or other programming geared toward preventing repeat bad behavior.

A smaller percentage of kids are put on probation, but are placed in foster homes because the parents' homes are unfit ... and might even be causing the kid's bad behavior.

Another small percentage of kids are put in residential treatment programs. Some are locked-down facilities. This option is used with the hardest-to-rehabilitate kids.

Which road the case goes is based on the type of offense, and primarily the child's individual needs. For example, the kid might be stealing ... but the real issue is that the kid is addicted to drugs. The disposition would probably focus on the substance abuse issue more than the sticky fingers issue.

How long will probation/services go on? That depends on the child and how quickly the child progresses through the programs. Some take a small number of months ... some take years. There is no set calendar. It is all up to the child.

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Answered on 5/09/08, 12:12 pm

Re: Juvenile

A person that isn't guilty shouldn't get any time at all. Hopefully that person would hire an experienced and tough attorney to fight for them.

For more information, go to:

www.AggressiveCriminalDefense.com

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Answered on 5/08/08, 6:11 pm


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