A parent is accusing my 14 yr old with theft of a phone, claiming my child had stolen her child's phone. The phone was locked with a different password and she was unable to access it. She is now threatening to press charges on my child stating that my daughter stole her child's phone when the phone is still in her child's possession.
This is not a child abuse question. I am changing the practice area to juvenile. There really aren't enough facts to give a definitive answer, but the other parent certainly could call the police if she thinks the child's phone was stolen or otherwise tampered with. The police then gather all the facts and evidence and send all of that the Department of Juvenile Justice, where an intake court counselor will determine whether to file a petition. Depending on the facts, the counselor could ask to speak with you and your child; get a statement from the prosecuting witness; and do a little investigating. From the facts given, it doesn't seem that your daughter committed any larceny (theft). If your child has trouble at school or has been referred to DJJ before, the counselor would probably file a petition. However, he or she might decide 1) there are no grounds to proceed and do nothing; or 2) your child needs services and if she goes to counseling or writes a letter or apology, or whatever, the petition will be diverted (like a dismissal). If you are really concerned, use the find a lawyer tab and locate an attorney in your area who does juvenile delinquency work. It wouldn't hurt to have a consultation. Good luck to you.
Your daughter will be charged in juvenile court on a petition for larceny. Since your daughter is a under the age of 16, the juvenile court has jurisdiction.
agree with the answers and will add that while I would definitely get an attorney that practices in juvenile court this is pretty small potatoes compared to most of what is dealt with in bigger towns like Raleigh in juvenile court
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