Whether it is a felony or misdemeanor will depend on the value of the item.
Sorry to hear about the situation with your son. A dirt bike will typically be a felony charge, Do you have any other questions?
This should be a felony since he stole a dirt bike. Whether the charge is a misdemeanor or a felony is based on the value of the stolen item. Since this is his first offense he may qualify for a diversion program which, upon successful completion, will dismiss the charges against him, and remove the arrest from his record.
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.
If this is in Henry County you definitely need to hire an attorney. They are very strict in that jurisdiction.
Get an attorney. Can the State prove he actually stole it? Or did they just find him with it? They may just have him on theft by receiving, a much less serious charge. And even then, state would have to show that your son knew it was stolen. Level of offense, whether State has a "good" theft by taking case or instead only TxR, still depends on value of item, as everyone says. And there are dirt bikes and dirt bikes -- a really old/crummy one may not be valuable enough. Also, depending on what you can show about your son's "virtue," etc., the prosecutor has a lot of discretion with charges like this, including diversion programs. Consideration of such defendant "virtue" and family situation -- apart from guilt on the offense itself -- is not particularly fair, and tends to favor people with more money and social standing -- but it's a reality, and a good lawyer can help you develop and use such things to your advantage.
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