Legal Question in Juvenile Dependency in Michigan

Juvenile Offenders

Teenager was given an alarm code to a home of his friend. The friend and family went on vacation and teenager used the home for parties. Teenager invited others to the home indicating that he lived there. Police were called and all teens received citations and had to appear in court. Prosecutor herded all teens and parents into one room and forcefully implied that the teens should take a plea deal admitting guilt of unlawful entry, restitution to owner for damage to carpet and opened liquor cabinet. The police report was never discussed or seen by parents. Parents had no attorney present. Is there anyway to go back before the judge or to fight this case.


Asked on 9/30/08, 9:51 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Juvenile Offenders

It's hard to respond to your question because there are too many unknown facts.

First, did the juveniles actually plead guilty? If not, then tell the juvies to schedule the cases for trial. If so, then they heard the judge or referee tell them (presumably with their parents in the courtroom) that they had the right to an appointed attorney if they could not afford to hire one. They must have waived that right before they pled.

Second, the judge/referee would have asked them during the plea process if they were pleading guilty due to threats or coersion, and the plea would not have been accepted if they had said "yes". So they must have said "no", right?

Third, at this court appearance where the "prosecutor herded all the teens and parents" together and "forcefully implied that the teens should take a plea deal", did the parents ever ASK to see the police report?

Fourth, what are they complaining about right now: whether their kids have a legal defense to the charge that they didn't know about? The amount of restitution? Etc? My guess is that is all about the money, and when the parents found out abuot the cost to repair the damages, and that it was not a pro rata (percentage share) order, they flipped. But, the restitution laws require "joint & several liability" orders, no pro rata.

I recommend that they consult with a private attorney in their area who handles adult criminal and juvenile delinquency cases and go over all the case facts with a copy of the report (that they can get from the prosecutor or police), and see if there is an "out". One possibility is to file a "motion to withdraw guilty plea", but those are tough to win after the sentencing has occurred.

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Answered on 10/01/08, 12:18 pm


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