12 year old takes grandma's car

[abiza]

What is the name of your state (only U.S. law)? Florida

My 12 year old nephew (who has severe ADHD, ODD, several learning disabilities and is extremely immature for his age) took my mother's minivan and went joy riding around the neighborhood yesterday. He side swiped a neighbor's car and then crashed into my mother's garage door. The neighbor called the police who came out and charged my nephew with several things. They did not arrest him because the neighbor was very nice and told them she did not want to press charges. I am not sure what exactly they charged him with, but I was told two of the charges were felonies. I work with children at a mental health hospital and I know my nephew has other mental health problems that are still undiagnosed. I have been trying to persuade my sister to get him more help for years, but she didn't seem to want to acknowledge the extent of his problems. He has to go to court on Sept 30. Will the judge take his mental health issues into consideration? Will he have to serve time at a juvenile detention center?

 

[Banned_Princess]

What is the name of your state (only U.S. law)? Florida

My 12 year old nephew (who has severe ADHD, ODD, several learning disabilities and is extremely immature for his age) took my mother's minivan and went joy riding around the neighborhood yesterday. He side swiped a neighbor's car and then crashed into my mother's garage door. The neighbor called the police who came out and charged my nephew with several things. They did not arrest him because the neighbor was very nice and told them she did not want to press charges. I am not sure what exactly they charged him with, but I was told two of the charges were felonies. I work with children at a mental health hospital and I know my nephew has other mental health problems that are still undiagnosed. I have been trying to persuade my sister to get him more help for years, but she didn't seem to want to acknowledge the extent of his problems. He has to go to court on Sept 30. Will the judge take his mental health issues into consideration? Will he have to serve time at a juvenile detention center?

Has this been his first run in with the law?

what would the neighbor have to press charges? the boy want driving the neighbors car, and he didn't hit the neighbors garage door. the neighbor called the police, she didn't even have to be questioned, and would be a witness, not a complainant.

I'm sure some things that the police could have charged him with would be reckless endangerment, for one.

this child's parent or guardian might want to have a lawyer represent her child in court.

 

[abiza]

This is his first run in with the law. I was told the reason he wasn't arrested was because of the neighbor, I guess that was incorrect information. I don't know; I wasn't there. I know the police officer wanted to arrest him and then didn't. I was told some of his charges were leaving the scene of an accident, improper lane change, and underage driving.

 

[CourtClerk]

In what capacity are you employed at the mental hospital and are you qualified to make a medical diagnosis?

 

[cyjeff]

If the nephew has a court date, he WAS arrested... he just wasn't thrown into the back of a squad car.

 

[CdwJava]

It sounds as if grandma did not want to pursue charges for the auto theft if he was not charged with it. If so, grandma may face the totality of the costs related to any damage caused by her vehicle because I doubt her insurance company will handle the matter if she implicitly agrees that junior had permission to take the car.

However, if he has been charged with auto theft along with other crimes, he could face a good deal of time in custody - be it at home or in a facility.

As for his mental state, it is unlikely that a court will consider it unless the defense can assert that he was unable to comprehend the consequences of his actions and was in such a manic state that he could not discern right from wrong (or pieces and parts to that effect).

It sounds to me as if he knew what he was doing - he had the mental capacity to flee the scene of the crash, likely because he understood he'd be in trouble.

He needs an attorney. Grandma might need one as well if she gets sued.

 

[stealth2]

the boy want driving the neighbors car, and he didn't hit the neighbors garage door. the neighbor called the police, she didn't even have to be questioned, and would be a witness, not a complainant. .

Read much? If you had, you'd have noticed that the neighbor's car was side-swapped (and therefore likely damaged) by the young man.

He side swiped a neighbor's car and then crashed into my mother's garage door. The neighbor called the police

 

[Banned_Princess]

No, I didnt see that.

obviously.