Legal Question in Criminal Law in Michigan
theft
My son was caught shoplifting. The value of the merchandise was $38.00. The police officer that arrested him said he would be tried as an adult (he's 17 years old). However I just received a letter from kmart stating we owe $200.00 in restitutions for a civil infraction and classified him as a minor. I am not sure exactly what this means. If we pay kmarts will we still need to go to court and should he be charged as a minor? Thank you for any information you can give me.
--name removed-- This took place in Houghton Lake MI.
2 Answers from Attorneys
Re: theft
the officer is correct, your son would most likely be charged as an adult. The civil demand is separate and distinct from the case in court. You should seek a plea under advisement or HYTA status so it doesn't result in a conviction. Good luck, Tim Klisz
Re: theft
The "age of majority" for criminal cases being handled in 'adult court' is when the crime occurred on or after the person's 17th birthday. so the officer is correct that he'd be "charged as an adult" ... because he IS and adult under the laws of criinal cases.
But civil laws are different ... and there are civil laws that say that a parent is financially responsible for covering damages caused by their unemancipated children. If your child is not yet 18, or is under 18 and has not been emancipated by a court order (usually, after convincing a probate judge that he/she is mature enough and can independently support himself financially), then you as the parent have to pay for damages cause by the child. Thus, the civil demand sticks to you. Under law, stores can charge up to 10 times the value of the stolen/damaged merchandise (but the total demand is limited to $50-$200).
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