Legal Question in Criminal Law in Michigan

need help.

Im sixteen, im charged with retail fruad and possesion of tobacco. this is my first offence. My mother has no money to pay fines. the value of what i attemted to steal was 26$. I am guilty as sin. What will be my most likey punishment? Is there any way i can get out of my mother paying? Could she make payments? help me


Asked on 2/02/09, 9:55 am

2 Answers from Attorneys

William Morrison Action Defense Center

Re: need help.

You and your mom should just show up at the hearing in the juvenile court. Before you get there, I'd recommend doing 20 hours of documented community service as an indicator of remorse for your crime.

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Answered on 2/02/09, 10:22 am
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: need help.

Your case will be handled as a juvenile delinquency case in the family court. It is not "criminal", and no "fines" will be ordered because a fine is a 'punishment' and juvenile court is not allowed to 'punish' ... only 'rehabilitate'.

There may be some fees/assessments ordered repaid by your parents if you are adjudicated (convicted), but they are not big and the court can order a monthly repayment rate that factors in the parent's ability to pay. Some line items also might be waived due to indigency.

The court can appoint an attorney to represent you. The court may require that your parents reimburse the costs of the attorney's time, but it's usually a lot cheaper than the cost of hiring your own attorney.

If you have no prior delinquency adjudications, you should ask the court to put you on diversion, or to handle your case on "consent calendar" -- an informal probation status where the petition can be dismissed if you successfully complete all probation terms.

If restitution to the victim is required, you will be ordered to pay it, and that debt never dies until you pay it in full. The court is also allowed (but not required) to order the parent who had supervisory responsibility for you when the incident happened co-pay any portion of the restitution that you are ordered to pay. Restittuion must be ordered even if you are placed on consent calendar.

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Answered on 2/02/09, 1:26 pm


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