Juvenile Theft

[mayraa]

I live in Indiana. About a week ago I took $25 from a box in a teachers classroom. They knew there was money missing and I had been the only student in the room. So later that day they called me down to the office and asked me if I had took it. I denied it at first but admitted to it after they told me they were going to search my belongings. The theft got reported to the police and I now have to see a probation officer. This is the first time something like this has ever happened, so I have three questions. First, I do work at a retail store. Would the probation officer call my job and inform them about this incident? If so, could I lose my job? Second, would there be any chance of me going to a juvenile detention center? Third, in your legal opinion, what would you think the worst and best case scenario would be? I'm very nervous about losing my job over this. This is most definitely the most embarrassing thing that has ever happened to me and I definitely have learned my lesson. Your advice is greatly appreciated.

 

[OHRoadwarrior]

1. possibly
2. unlikely
3. As it is related to the school, it is hard to speculate.

 

[Eekamouse]

I live in Indiana. About a week ago I took $25 from a box in a teachers classroom. They knew there was money missing and I had been the only student in the room. So later that day they called me down to the office and asked me if I had took it. I denied it at first but admitted to it after they told me they were going to search my belongings. The theft got reported to the police and I now have to see a probation officer. This is the first time something like this has ever happened, so I have three questions. First, I do work at a retail store. Would the probation officer call my job and inform them about this incident? If so, could I lose my job? Second, would there be any chance of me going to a juvenile detention center? Third, in your legal opinion, what would you think the worst and best case scenario would be? I'm very nervous about losing my job over this. This is most definitely the most embarrassing thing that has ever happened to me and I definitely have learned my lesson. Your advice is greatly appreciated.

This is the first time you've ever been caught for stealing. I doubt it's the first time you've stolen what doesn't belong to you.

 

[quincy]

I live in Indiana. About a week ago I took $25 from a box in a teachers classroom. They knew there was money missing and I had been the only student in the room. So later that day they called me down to the office and asked me if I had took it. I denied it at first but admitted to it after they told me they were going to search my belongings. The theft got reported to the police and I now have to see a probation officer. This is the first time something like this has ever happened, so I have three questions. First, I do work at a retail store. Would the probation officer call my job and inform them about this incident? If so, could I lose my job? Second, would there be any chance of me going to a juvenile detention center? Third, in your legal opinion, what would you think the worst and best case scenario would be? I'm very nervous about losing my job over this. This is most definitely the most embarrassing thing that has ever happened to me and I definitely have learned my lesson. Your advice is greatly appreciated.

Here is a link to Indiana's Indiana Code Section 35-43-4-3, Conversion: http://codes.lp.findlaw.com/incode/35/43/4/35-43-4-3

If the school reported your theft of $25 to the police, you can be charged with a Class A misdemeanor and, if convicted on this charge, the misdemeanor can be punishable by up to 1 year in jail and a fine of up to $5000.

Because you say this is your first offense and because I assume you are a minor, you will probably be offered a diversion program. If eligible for the program, you have the chance to escape a criminal record if you meet to the court's satisfaction all terms of the program within a probationary period.

Depending on the terms of your probation, you may need to inform your employer of the theft. Because retail stores are not anxious to have employees who are thieves, you could lose your job. Whether you lose your job, though, will be up to your employer.

You could be suspended from your current school. You might have to attend an alternative school. A juvenile detention center seems unlikely. But you would be smart to speak to an attorney in your area to better determine how much trouble you have gotten yourself into over $25.

Good luck.

 

[Indiana Filer]

The appointment with the Probation Officer is for a Preliminary Inquiry. At this appointment, you and your parent(s) will have your rights given to you again, and you will have the opportunity to give your side of the story to the PO if you choose to discuss the case. You have the right to remain silent, the right to consult with an attorney before speaking about the case, and to stop talking about the case at any time. If you choose not to discuss the case, the PO will not force you to do so, but will probably recommend the case be filed with the juvenile court for formal proceedings in the matter. We don't provide an attorney for you at the Preliminary Inquiry generally.

After the Probation Officer meets with you and your parent, she/he will write up a report on you which includes your demograpics (name, age, race, etc), school information, your school performance, your behavior at home, your peer group, your social history, etc, and will file that report with the prosecutor, with a recommendation on how the case should proceed. The recommendation could be to have a formal Petition Alleging Delinquency filed with the Court, which means you go in front of the judge. Other options are to informal adjust the case, refer you to another agency (such as DCS, counseling, etc), or for the prosecutor to take no action.

You'll be charged with theft as an A misdemeanor, most likely. If you have never been in trouble before, the Probation Officer could recommend to informally adjust the case, known as a Program of Informal Adjustment, which is a type of pretrial diversion for juveniles. This is like probation, as you will meet with a PO regularly, have to attend school, get acceptable grades, maybe do community service, pay restitution, fees, etc, but without you being adjudicated (or being found guilty in a court of law) of the offense. There are less fees involved, and no Court costs, so it's cheaper, and successfully finishing the Informal Adjustment means you have not been adjudicated a delinquent child. This means you probably won't lose your 21st Century Scholarship (if you are eligible for it for college).

To answer your questions:

First, I do work at a retail store. Would the probation officer call my job and inform them about this incident? If so, could I lose my job?

1. I might call your job to verify your employment, but I won't tell them what your offense was. I encourage my clients, adult and juvenile, to be employed, so I don't want you to lose your job. Steal for your job, and you will lose your job and have problems finding other employment. No one wants a thief working for them.

Second, would there be any chance of me going to a juvenile detention center?

2. Whenever a juvenile gets arrested in Indiana, the decision is usually made at the time of arrest as to detention. The arresting officer calls the on-call PO and asks if the child should be released to the parent, or if the child should be detained. To be detained at that time, we need to have probable cause for detention. For example, the parents refuse to take the child home, or the child is a danger to himself or the community.

You aren't going to get detained at the Preliminary Inquiry. If the case goes to Court, and you don't follow the Court's orders for probation, you could end up in the juvenile detention center. Depending on your age, it could be up to 90 or up to 180 days in the detention center, or possibly being committed to the Indiana Department of Correction for placement at a juvenile DOC facility. If this is your first offense, that's not going to happen.

Third, in your legal opinion, what would you think the worst and best case scenario would be?

3. Since it happened at school, I would guess the principal is going to suspend you for a few days, and might even recommend you be due processed, which means expelled. Have you been suspended from school for this offense? It was for 10 days, you need to be worried, since that usually means they are going to recommend expulsion.

I would imagine, if you were in my county, 6 months probation, 40 hours juvenile community service, possible urine drug screens, perhaps mentoring. It just depends upon the specifics of the case.

What county? Send me a private message, please.

 

[NellieBly]

As much as I don't want to encourage this type of behavior, one would wonder why you didn't just claim the $25 on your person was not from your job?

 

[quincy]

As much as I don't want to encourage this type of behavior, one would wonder why you didn't just claim the $25 on your person was not from your job?

It is rarely smart to lie, so I applaud mayraa for being honest - however it would have been far smarter for mayraa to say nothing. Too many people do not exercise their right to remain silent (or even know that they can remain silent).

 

[Eekamouse]

It is rarely smart to lie, so I applaud mayraa for being honest - however it would have been far smarter for mayraa to say nothing. Too many people do not exercise their right to remain silent (or even know that they can remain silent).

OP wasn't honest. OP denied taking it at first.

 

[Zigner]

As much as I don't want to encourage this type of behavior, one would wonder why you didn't just claim the $25 on your person was not from your job?

Did you read the OP?

 

[Zigner]

I agree that, had the OP simply refused to say anything, there was no evidence that he took the money. But, that horse is out of the barn already...

 

[quincy]

OP wasn't honest. OP denied taking it at first.

True.

But she didn't persist in her lie - possibly because she knew everyone knew the truth anyway and possibly because she was afraid that a search of her backpack would turn up additional purloined items.

That said, it is smarter to tell the truth than to lie and smarter still to say nothing than to tell the truth.

 

[Eekamouse]

True.

But she didn't persist in her lie - possibly because she knew everyone knew the truth anyway and possibly because she was afraid that a search of her backpack would turn up additional purloined items.

That said, it is smarter to tell the truth than to lie and smarter still to say nothing than to tell the truth.

I agree but it would be even smarter still to simply NOT be a thief.

 

[quincy]

... About a week ago I took $25 from a box in a teachers classroom ... I definitely have learned my lesson ...

Again true.

But, mayraa has apparently learned a lesson in school, so the theft has at least taught her something.

 

[NellieBly]

Did you read the OP?

What did I miss? I lost my glasses and have been reduced to squinting at the screen.

Can they legally search a student's backpack?

 

[quincy]

What did I miss? I lost my glasses and have been reduced to squinting at the screen.

Can they legally search a student's backpack?

A student's consent or the reasonable suspicion of school officials can lead to a legal search of a student's backpack. Schools do not need probable cause or a search warrant, in other words, to conduct a search.

I can't speak for Zigner but perhaps he was speaking of the fact that mayraa did not necessarily have the $25 "on her person." She admitted to the theft before a search could be conducted.