Would you press charges against... UPDATE 11/4!

[N.Bailey]

I am very sorry about what happened to your son.

Ty. When we initially got to the emergency room, his eye was really swollen and he was complaining about pain in his shoulder. Thankfully, nothing was broken and by the time we left the ER, all the swelling had completely gone down.

The high school principle was at the hospital at the time and he came into the little room we were all sitting in. By this time, we knew nothing was broken and the swelling had gone down. He just looks at my son and says, 2 boys, one being 26 and the other being over 20 did this to you? My son said yes, the principle then said, "well, I'm not impressed with them at all."

The principle LOVES my son and the following Monday, pulled the boy's sister down to the office and gave her a piece of his mind. She's apparently the one who started it all. My son didn't even know who the girl was and she had to be pointed out to him. This girl told her brothers that my son called her a [edited] . As if that's justification to put your hands on someone else even if it were true?!?!?!

We'll push as far as we can legally, but we know they'll end up with slaps to the wrists EVEN though this isn't a first offense for either of them.

In your situation, I'm thinking it will be a huge pain in the butt for you to press charges. If you can strike a deal for restitution, you'll come out way ahead, IMO. Plus, the 16 year old won't get to see how the system works in the criminal's favor.

 

[Sandy V.]

In your situation, I'm thinking it will be a huge pain in the butt for you to press charges. If you can strike a deal for restitution, you'll come out way ahead, IMO. Plus, the 16 year old won't get to see how the system works in the criminal's favor.

I guess I see it a little differently, and encourage you to press charges.

I am a former Deputy D.A., and I used to prosecute juveniles. While it is true that if it's a first offense (meaning a first CHARGED offense), then yes, he may get a deferred sentence, probation, or something relatively "light", you don't know at this moment if it is his first offense. He could be looking at much more serious consequences if it isn't. And even if it is, the little creep needs to have a criminal record established. It may deter him from doing it again.

If he gets a deferred sentence, he'll have to stay "clean" for a period of time, usually a year. If he does, at the end of that time, the case is dismissed and his record expunged, like it never happened. So contrary to what some folks have said, this is FAR from "ruining his life".

And, I can tell you from working in this area (and being a cynical person), that if you've CAUGHT someone stealing, there's probably more than a good chance that they've done it before and they just haven't been caught. I have tremendous admiration for law enforcement because it's not always that easy to track the bad guys down. And OP, sounds like you did a great job of being an amateur sleuth!!

Plus, maybe some will get angry when I say this, but for some folks, the whole process of going to court to resolve the matter IS the punishment. And, since this is a juvenile, he'll have to be accompanied by a parent, which usually means they have to take off work (or take time out of whatever they're doing) to meet with an attorney, go down to the courthouse, wait for your turn, be advised of the charges against you, negotiate a possible plea agreement, go see the Diversion people to see if he's a candidate for a deferred sentence, plead or go to trial, be interviewed by probation/the sentencing folks, get sentenced, regularly meet with the probation officer, etc., you get my drift. I have seen lots of Moms and Dads who are VERY unhappy at having to deal with this, and you can bet that Junior hears about this at home and on the way to/from the courthouse. Heck, I've seen parents unload AT the courthouse.

Anyhow, I know this is long, but just wanted to say that I think you made the right decision to file charges, OP. And I know what you mean about waiting - that would be frustrating for me as well. Good luck to you!! I really want to hear the rest of the story.

 

[doxdogy]

Because the kid took something that did not belong to them. A four hundred dollar camera is a pricey item to steal. You bet your sweet bippy I would press charges against the kid.

This is what I was thinking. Why have the kid start out his life with a record over a camera.


for the record, no I did not read on past this post, but I still stand by what I said.

having authorities at his home most likely would scare him quite a bit and as long as he is aware that charges weren't pressed this time might be a scare enough not to do it again.

 

[MaumeeMom]

if it were my kid, i would want you to press charges.

ita

 

[Tinker'n'Fun]

Well I guess we are just gonna have to wait til Monday. I am not happy with that but the Detective doesn't want to send a patol car during the weekend. I am not sure if that is a good thing or not...

The Detective did state that the "person" is not in the system. If I hear anything over the weekend I can call for a patrol car (if said person was to announce they were selling it or something). So I guess from now until Monday morning, we get to chat and debate re: the situation and HOPEFULLY on Monday we will get this resolved.

 

[hegsag]

Eek....I wouldn't be able to wait! GL

 

[Tinker'n'Fun]

Eek....I wouldn't be able to wait! GL

You don't know how hard this is. I know where my camera is... I want to go over and get it. But I realize that would be the worse thing I could ever do. Plus DH would never let me go!

I already asked.....

 

[ms.yt]

I agree that you were totally in the right to press charges. The poster who thought that the kid shouldn't have to start off with a criminal record over a camera Guess what -- if he didn't steal it, he wouldn't possibly be having a record. He made a bad choice, and bad choices have consequences.

I just wanted to add that at a photo workshop I was at this summer, the instructor suggested getting all our cameras engraved with a name and phone number by a trophy shop. It will usually cost under $5 and even if it's filed off, it would be pretty obvious that something was there to begin with.

 

[Inigo]

I'd file a police report in a heartbeat. Think of it this way: If no charges are pressed now, this juvenile might think he can get away from stealing from others. What will he try to steal next? A car? Then will he try to run from the police?

If he gets arrested and has to pay the consequences (probation, fees, restitution, etc), maybe he will learn his lesson and stop stealing.

 

[lillygator]

You don't know how hard this is. I know where my camera is... I want to go over and get it. But I realize that would be the worse thing I could ever do. Plus DH would never let me go!

I already asked.....

I am so curious...how in the heck do you know where your camera is???

 

[Shelton123]

Well, your DD could have left it on a table, and he might have the same camera, and he could have thought it was his... but by all means, if you have proof that he stole your DD's camera (and it wasn't a mistake) PRESS CHARGES!

 

[N.Bailey]

You don't know how hard this is. I know where my camera is... I want to go over and get it. But I realize that would be the worse thing I could ever do. Plus DH would never let me go!

I already asked.....

I'm sorry that you're not going to have some sort of resolution until Monday, but what does law enforcement plan on doing if the kid simply says, there is no camera? I don't think they'll take it to a judge to get a search warrant. I realize we don't know as much as you at this point (and that's perfectly fine considering the circumstances), but I hope you're not getting your hopes up too high just to be let down.

I wish there was some way you could approach his parents. You can't do that if you don't know them, however. They could be the type that demand the child return the camera ASAP (and find another means of restitution for your trouble), or they could be the type that make excuse after excuse, enabling their child to continue on this path.

 

[mickaholic4077]

I can't wait to find out the whole story!!

 

[manning]

This is what I was thinking. Why have the kid start out his life with a record over a camera.


for the record, no I did not read on past this post, but I still stand by what I said.

having authorities at his home most likely would scare him quite a bit and as long as he is aware that charges weren't pressed this time might be a scare enough not to do it again.

Being a teenager this record will not follow him. When he becomes of age the records will either be erased or sealed.

 

[Stitchfans]

Being a teenager this record will not follow him. When he becomes of age the records will either be erased or sealed.

Wasn't aware of that. Like I had said before though, I figured having the police at his house questioning him would scare him enough to the point where he would think twice before making a poor judgment call like that again. Thank you for being polite about my "mistake" unlike some other posters.

 

[kaytieeldr]

He just looks at my son and says, 2 boys, one being 26 and the other being over 20 did this to you?

Apologies to the OP for moving this thread but - please. Those aren't boys, they're men. Two adults assault a teenager, with or without provocation, and nothing serious is going to happen to them in court? Are you serious?

 

[jaycat]

I would....

 

[kidzmom3]

Well I guess we are just gonna have to wait til Monday. I am not happy with that but the Detective doesn't want to send a patol car during the weekend. I am not sure if that is a good thing or not...

The Detective did state that the "person" is not in the system. If I hear anything over the weekend I can call for a patrol car (if said person was to announce they were selling it or something). So I guess from now until Monday morning, we get to chat and debate re: the situation and HOPEFULLY on Monday we will get this resolved.

the chance that this kid will confess if probably pretty small and they can't look in the house for it without a search warrent. It seems unlikely that the camera will be returned to you.

 

[N.Bailey]

Apologies to the OP for moving this thread but - please. Those aren't boys, they're men. Two adults assault a teenager, with or without provocation, and nothing serious is going to happen to them in court? Are you serious?

I am serious. I really wish I were not. Their public defender is trying to come up with a plea deal for them, and it's not really going to be in my hands if it's accepted or not. The DA's office knows it's a misdemeanor (2nd degree in my state since no weapon was used to bump it to an aggravated assault, and it's not a first degree misdemeanor since my son was over the age of 12), and knows even if convicted there will be no real consequences.

 

[N.Bailey]

the chance that this kid will confess if probably pretty small and they can't look in the house for it without a search warrent. It seems unlikely that the camera will be returned to you.

Well, they can ask for permission to look around. It's not out of the realm of possibilities that the parents will be clueless and allow them to enter the residence to look for it.

I agree that it might be haul though.