Legal Question in Criminal Law in Ohio

Jail term for theft

Two boys, one 19, the other 12, are seen stealing food from a convenience store. The police catch the 19 year old, but the 12 year old gets away. The convenience store owner does not press charges about the 19 year old. Would the 19 year old still have to serve a jail sentence? Would the police still look for th 12 year old after the charges are dropped? How long would the 19 year old be in jail from the time he is arrested to his release after the charges are dropped?


Asked on 5/18/06, 4:18 pm

2 Answers from Attorneys
Jason Shyres Law Offices of Jason Shyres

Re: Jail term for theft

Police and/or D.A.'s office do not need a private citizen to press charges. They can proceed with a complaint against defendants without anyone else's approval.

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Answered on 5/18/06, 6:08 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Jail term for theft

Mr. Shyres is right. I want to add that the police dept's decision about whether and how to search for the 12-year-old would probably not be affected by how the victim or prosecutor feel about the 19-year-old.

If the 19-year-old is in jail and the charges against him are dropped he would be released as soon as the paperwork is finished and in the right hands; this usually takes a few hours. How much time he spends in custody in the meantime is hard to say, since the prosecutor might decide right away to drop the charges or might only do so after several months. (A defendant has a right to a speedy trial and wouldn't have to wait this long against his will, but most defendants waive this right in order to give their lawyers more time to prepare for trial.)

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Answered on 5/18/06, 7:33 pm


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