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Don" want to go to jail!

Discussion in 'Juvenile Crime, Law & Court' started by Stepmother, Jul 27, 2013.

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  1. Stepmother

    Stepmother Law Topic Starter New Member

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    My 13 yr old stole jewelry from a neighbor, told me she got it at a yard sale. I got a call from neighbor, found some things gave back to neighbor, but some she gave me asked me to pawn it, I had no idea she lied to me , now the police are involved and I went to the pawn shop to get them back, but they said the police were involved and I have to go through them. I can't go to jail. I did nothing wrong, and I tried to get the jewelry back, by the way the child is grounded until she is 25!!! Scared and I need help, can't afford a criminal lawyer....
     
  2. Betty3

    Betty3 Super Moderator

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    Have you been contacted by the police yet?

    You can probably talk to a lawyer from your local legal aid society for no fee or a small fee. If you end up having to go to court, they will assign a lawyer to you if you cannot afford one.
     
  3. army judge

    army judge Super Moderator

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    Okay, take a deep breath, it isn't as tough as it might seem.
    If you're contacted by the police, be polite, but decline to speak to them about this.
    Simply say, "Under advice of counsel, I respectfully decline to speak to you without my lawyer being present."
    Stand your ground, be polite but firm, and clam up.
    No matter what, give them only your name, address, date of birth, and keep asking for a lawyer.
    If they arrest you, keep asking for a lawyer.
    If you go to jail, you'll get bond, sooner or later.
    Plead not guilty before the judge and ask for a court appointed lawyer.
    Under no circumstances should you allow the child to speak to the police, either.
    If you have, don't do it again. Speak only to your lawyer.
     
    Last edited: Jul 28, 2013
  4. disagreeable

    disagreeable Well-Known Member

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    Though you appear to have come by it innocently, you did in fact possess and sell stolen property. Those are laws you broke.
     
  5. mightymoose

    mightymoose Moderator

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    A couple of thoughts...

    First, simple possession of stolen property is not a crime, at least in jurisdictions I am familiar with. It is not a crime unless you knew, or you should have known, that the property was stolen. There is a certain level of intent/culpability that must exist.

    In your situation, as you describe it, I can only wonder where the 13 year old got the money to buy the jewelry in the first place. I would wonder why you did not question this before pawning the jewelry. To me, you were in a situation where a reasonable person likely should have known the property was stolen and you will likely have a hard time explaining yourself.

    The good thing is that you do not have to explain yourself. If the police come just keep quiet and make them prove their case against you. With the information you have provided here I suspect they just might be able to do that. Your child may face theft/burglary charges, you may face charges for selling stolen property, and you both may face some level of a conspiracy charge.

    The 13 year old will likely get off easy, but you as an adult have more to answer for.
     

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