14 years old and was accused of shoplofting. He did not take over 300 dollars but not under 50. can this case, under the right attorney, be dropped and keep him from going to court?
I recommend you immediately seek advice of local counsel. A good criminal defense lawyer can assess your case and the evidence to give you a decent expectation of whether the states evidence is good enough for a conviction or not.
You need to find a criminal attorney that also handles juvenile cases in your area. Much depends upon the county and how they handle juvenile court cases. If the juvenile does not have any prior referrals to juvenile court it is possible that the case could be "handled at intake." That means that the minor would be placed on "informal probation" and given some community volunteer work; allowed to remain at home with an order to attend school without any absences or tardiness. And, after a period of about 6 months the case would be dismissed as long as the minor does not violate any terms of the informal probation. Talk with a local attorney or to the public defenders' office.
Each county is different. Juvenile delinquency proceedings pursuant to Welfare and Institutions Code section 600 et seq. has various options for minors. In addition, factors such as prior law enforcement issues, how well the minor does in school, behavior at home, are all factors. In some counties, the police department or probation have informal processes where a juvenile delinquency petition is not filed and if the minor complies with requirements such as some type of class, community service and staying out of trouble for a period of time, usually 6 months, nothing gets filed. In other situations, a petition can be filed and then informal probation pursuant to WI 654.2 may be available. For the best answer, contact an experienced juvenile delinquency attorney in the county where the incident occurred. Good Luck!
In Orange County -- absolutely! Depending on the 14 year old's record, there are several non-court related alternatives. It would be well worth your while to speak with an attorney. Most lawyers on Avvo offer free consultations.
Michael Fell is a former Orange County Senior Deputy District Attorney where he prosecuted Orange County cases for over 18 years. Mr. Fell has been twice featured as a Top Attorney in Orange County by OC Metro Magazine in 2011 and 2012. With his years of experience as an OC Prosecutor, Mr. Fell has the inside edge in negotiating criminal cases with his former office. He has been practicing in Orange County for over 23 years, has handled thousands of criminal cases. He is also an avid victim rights attorney and has handled many high profile "Marsy's Law" cases throughout California.
You are not ending an ill-conceived marriage, so the term annulled does not apply. But, I think I get your point- you want the ruling sealed. Yes, an attorney can help with that. Why not find one here on Avvo? Read the client reviews.
Criminal charges are never annulled. Your terminology is all wrong. Speak with a local attorney. Good luck.
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
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