How to plead? Need advice.

[Mysticmom]

I am from Ohio. Recently my son was detained at a local Meijer store for theft. He and another boy were caught stealing approx. 300.00 worth of merchandise. While my son walked back into the store with security personnel, the other boy ran and was later arrested. The other boy that he was with had made plans with a cashier to do this. They were in a U-Scan line and the cashier let this boy go through and scan only a bottle of soda, but walk out with all of the other merchandise. My son did not actively participate in this, although he didn't say anything. He did not know the cashier that was helping this bot that my son was with. I was informed that this will go to the prosecutor's office and there will be a hearing scheduled. My question is, how should my son plead? Should he plead guilty, or should he plead no contest? I would like to be able to make a few comments to the judge. And will there even be a judge involved? My son has never been in trouble before so all of this is new to us. Would I be better off hiring a lawyer and do we need one for this type of thing? This happened about three weeks ago and still haven't heard anything about a hearing yet. Any advice would be greatly appreciated. Thank you. Michelle

 

[HomeGuru]

I am from Ohio. Recently my son was detained at a local Meijer store for theft. He and another boy were caught stealing approx. 300.00 worth of merchandise. While my son walked back into the store with security personnel, the other boy ran and was later arrested. The other boy that he was with had made plans with a cashier to do this. They were in a U-Scan line and the cashier let this boy go through and scan only a bottle of soda, but walk out with all of the other merchandise. My son did not actively participate in this, although he didn't say anything. He did not know the cashier that was helping this bot that my son was with. I was informed that this will go to the prosecutor's office and there will be a hearing scheduled. My question is, how should my son plead? Should he plead guilty, or should he plead no contest? I would like to be able to make a few comments to the judge. And will there even be a judge involved? My son has never been in trouble before so all of this is new to us. Would I be better off hiring a lawyer and do we need one for this type of thing? This happened about three weeks ago and still haven't heard anything about a hearing yet. Any advice would be greatly appreciated. Thank you. Michelle

**A: how old is your son? It would appear that a lawyer would be helpful.

 

[Mysticmom]

He is 15 and he has no prior record. Has never been in trouble before.

 

[HomeGuru]

He is 15 and he has no prior record. Has never been in trouble before.

**A: then hire an attorney.

 

[Mysticmom]

Thank you for your help.

 

[I AM ALWAYS LIABLE]

Thank you for your help.


========================================


My response:

Obviously, since you weren't there, have you requested to see the surveillance tape showing your son? His version to you, and the taped version, could be very different. Usually, 15 year old boys don't realize that there's security video - - which, if they did, would keep them from being thieves.

IAAL

 

[JETX]

"My question is, how should my son plead?"
*** Based solely on the information in your post, it certainly appears that he would be guilty of taking part in this theft. And if correct, then you should help him learn a valuable lesson in life. That is to be accountable for his actions. As noted by IAAL, it is very likely that the store has a different version of the facts than he may present to you.

"Should he plead guilty, or should he plead no contest?"
*** The results will be the same. The only real difference in the pleas is that a nolo contendre (no contest) would not be usable against him in a civil court (as a guilty plea or finding). However, since this is retail theft, the merchant has the statutory right to recover his costs, making the issue of criminal 'no contest' irrelevant.

"I would like to be able to make a few comments to the judge. And will there even be a judge involved?"
*** Most assuredly, there will be a juvenile court judge 'involved'.

"Would I be better off hiring a lawyer and do we need one for this type of thing?"
*** I don't really know how 'better off' he might be. Again, based on your post, it would appear that he wouldn't have much of a defense against the charges making their dismissal unlikely. And since this is already a misdemeanor, there is little room for an attorney to maneuver in reducing the charges.

 

[Mysticmom]

Thank you for your help.