can I please be charged instead???

[tassyjo]

What is the name of your state? Iowa
Can anyone help me....My 16 year old daughter was caught shoplifting today at our local Wal Mart store. She had money, she just wanted to see if she could get away with it...that's all she'll tell me anyway. Under Iowa Code 645.1, since she is a minor I am legally responsible for her actions. Here's my question...since she's only 16, and this is a 1st (and last) offense, is there anyway I can be charged as the ONLY defendant? I really don't want this on her record. She's got too much in her future to mess it up with this charge. Thanks for your help. MelissaWhat is the name of your state?

 

[>Charlotte<]

No. She committed the crime, not you. They are not going to charge you with a crime you didn't commit. They will, however, hold your daughter responsible for her actions. Somebody certainly should.

If she's got such a bright future, now is a good time for her to learn the lesson that she can't "just get away with it."

 

[tassyjo]

I am already being charged as a "co-defendant" for a crime I didn't commit. And, trust me when I say that the punishment she'll get at home will be far worse than any law enforcement/courts/etc. can deal out!!!!!!!

 

[Zigner]

I am already being charged as a "co-defendant" for a crime I didn't commit. And, trust me when I say that the punishment she'll get at home will be far worse than any law enforcement/courts/etc. can deal out!!!!!!!

You are being charged CRIMINALLY as a co-defendant?

In any case - they are not going to drop charges against the daughter just because you don't want this on her record.

 

[tassyjo]

"When an action is brought on parental responsibility for acs of their children, the parent(s) shall be named as defendants therein". Thats word for word what is stated on the form I was given signed by the store manager, and I believe it comes from the Iowa Code : 613.16.

 

[Ozark_Sophist]

613.16 PARENTAL RESPONSIBILITY FOR ACTIONS OF
CHILDREN.
1. The parent or parents of an unemancipated minor child under
the age of eighteen years shall be liable for actual damages to
person or property caused by unlawful acts of such child. However, a
parent who is not entitled to legal custody of the minor child at the
time of the unlawful act shall not be liable for such damages.
2. The legal obligation of the parent or parents of an
unemancipated minor child under the age of eighteen years to pay
damages shall be limited as follows:
a. Not more than two thousand dollars for any one act.
b. Not more than five thousand dollars, payable to the same
claimant, for two or more acts.
3. The word "person" for the purpose of this section shall
include firm, association, partnership or corporation.
4. When an action is brought on parental responsibility for acts
of their children, the parents shall be named as defendants therein
and, in addition, the minor child shall be named as a defendant. The
filing of an answer by the parents shall remove any requirement that
a guardian ad litem be required.

I believe this applies to civil actions. This would not appear on your child's criminal records. Avoid court by paying wally world damages. Your daughter will have to stay away from wally until age 18.

 

[>Charlotte<]

And, trust me when I say that the punishment she'll get at home will be far worse than any law enforcement/courts/etc. can deal out!!!!!!!

No it won't.