Legal Question in Criminal Law in Virginia

As a juvenile, what are the punishments for felony shoplifting in Va? Will this put a damper on getting into colledge?


Asked on 9/25/09, 9:31 am

3 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Whatever punishment is imposed on the miscreant juvenile by the J & D Court, the record of it would be sealed so that no college or university would know about it unless informed by the applicant himself.

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Answered on 9/30/09, 9:57 am
sheryl shane sheryl shane, attorney at law

The question you put forth is too vague. There are felonies and misdemeanors. Penalties may vary. Fourteen year olds may be certified as adults in some cases. Albeit, usually more serious cases than shoplifting. Records can be sealed. But always keep in mind that if you ever look for high security employment as an adult - some people seem to be able to

review your juvenile criminal history.

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Answered on 9/30/09, 11:54 am
Michael Sprano The Sprano Law Firm, LLP

The short term penalties could include probation, community service, and time in detention (technically you could get up to 30 days or a commitment to the Dept of Juvenile Justice, but the chances of doing any actual time on a first offense are exceedingly rare).

Your real concern is with the long term consequences. I have to respectfully disagree with my colleagues above. If you are over 14 and are adjudicated delinquent (i.e. -- convicted) of a felony, "all court records regarding that adjudication . . . shall be open to the public." Va Code sect 16.1-305 B1. Unlike misdemeanors, they are not eligible to be expunged pursuant to 16.1-306. That means that you would have a felony record for life. Although a separate section (16.1-308) states that you would not lose the right to vote and other civil rights because of the conviction, it is still a very serious consequence that will have a significant adverse effect on your future.

It is absolutely critical to get the charge reduced to a misdemeanor, at a minimum, if at all possible.

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Answered on 10/02/09, 2:50 pm


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