IPod theft ($300 value) fr Colorado school locker by minor

[miranda36]

In Colorado (Jefferson County) my son (age 14, 9th grade) took an IPod ($300 new) out of the kid's locker directly above his own locker. The locker was wide open, the IPod was laying right in front. After the asst principal questioned him, he eventually confessed after initially denying it. They involved the Lakewood police and the officer insists on issuing him a ticket that will remain on his record permanently. I believe he called this penalty a "diversion"(?), explaining it is similar to a 6 month probation, however the ticket will remain on his record permanently (i.e., prevent him from entering the military, getting govt job, etc.). Because he is a minor (14, for crying out loud!) I can, after 2 years, hire a lawyer, go to court, and try to get it expunged. This is his first offense, he is a good kid, has been an honor student about 70% of the time in elementary school and about 60% of the time since middle school. I have taken away his Christmas and instead volunteered him to do community service at a nursing home/rehab center Christmas Day. We have laid the biggest guilt trip on him you could imagine, but the officer didn't want to hear it. Do I have any recourse to prevent or reduce this ticket so it's not permanent? What is the process?

 

[Zigner]

Sonny is old enough to know that criminal actions have lasting consequences.
If you get this expunged, it will no longer be on his record.

 

[Antigone*]

In Colorado (Jefferson County) my son (age 14, 9th grade) took an IPod ($300 new) out of the kid's locker directly above his own locker. The locker was wide open, the IPod was laying right in front. After the asst principal questioned him, he eventually confessed after initially denying it. They involved the Lakewood police and the officer insists on issuing him a ticket that will remain on his record permanently. I believe he called this penalty a "diversion"(?), explaining it is similar to a 6 month probation, however the ticket will remain on his record permanently (i.e., prevent him from entering the military, getting govt job, etc.). Because he is a minor (14, for crying out loud!) I can, after 2 years, hire a lawyer, go to court, and try to get it expunged. This is his first offense, he is a good kid, has been an honor student about 70% of the time in elementary school and about 60% of the time since middle school. I have taken away his Christmas and instead volunteered him to do community service at a nursing home/rehab center Christmas Day. We have laid the biggest guilt trip on him you could imagine, but the officer didn't want to hear it. Do I have any recourse to prevent or reduce this ticket so it's not permanent? What is the process?

The guilt trip is not enough, this experience will teach him that being a thief will get him nowhere. The officer acted appropriately.

If you don't like the possible results, hire an attorney to represent him in court.

 

[stealth2]

Wait... your 14yo doesn't understand that one does not take what does not belong to him? That stealing is WRONG?

Yikes.

 

[NellieBly]

Are you sure it was sitting there right in a wide open locker?

Or is this what he told you?

 

[FlyingRon]

Are you sure it was sitting there right in a wide open locker?

Or is this what he told you?

What difference does it make? It's still a class 2 misdemeanor.

 

[NellieBly]

What difference does it make? It's still a class 2 misdemeanor.

I'm was being a tad sarcastic.

Sorry.

 

[Antigone*]

I'm was being a tad sarcastic.

Sorry.

If you are going to be sarcastic, please use these as appropriate

 

[miranda36]

Yes, open locker, IPod right in front not inside a bag or anything

Yes, the locker was wide open and the IPod was laying in the front of the locker not inside a bag or anything. If the police had put it there, it would have been a "set up". My son's locker is directly below this other kid's locker. Although he's in regular classes, this other kid has some sort of disability. His parents don't allow him to take the IPod to school because they fear it would be stolen as he can't seem to keep track of anything. They also would not allow him to take home the $50 ITunes gift card my son bought him as restitution for taking the IPod. I am just asking if there is a way to get these charges (petty theft in municipal court) dropped/dismissed or at least reduced so they are not permanent. I prefer not to have to go to court again to get them expunged years from now.

 

[Zigner]

If the police had put it there, it would have been a "set up".

Yet, it would have been perfectly legal, despite your attempts to deflect responsibility.

Your son KNOWS this is wrong. Why don't you?

 

[CdwJava]

Yes, the locker was wide open and the IPod was laying in the front of the locker not inside a bag or anything. If the police had put it there, it would have been a "set up".

But, the police didn't do it, and even if they had it still would not have been entrapment unless most any kid in the school would have been unable to resist the temptation to steal an iPod. And your son still would have been guilty of theft.

We do not go around blaming the victim when someone steals their stuff.

I am just asking if there is a way to get these charges (petty theft in municipal court) dropped/dismissed or at least reduced so they are not permanent. I prefer not to have to go to court again to get them expunged years from now.

You can hire an attorney now who can represent him and might be able to negotiate a deal to drop the offense to something less, or diversion.

 

[swalsh411]

YIf the police had put it there, it would have been a "set up".

That you would even think this matters here makes me question your qualifications as a role model. Entrapment is a not a defense because it makes what the person did any less wrong from a moral standpoint. It's a defense because we do not want to live in a society where the police are encouraged to use such tactics.

From a moral standpoint, whether or not it was a "set up" is irrelevant.