Question:

I am very curious and scared.?

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I was out with some friend and we are all under 18.We went into a Wal-Mart looking for paintballing flashlights.One of my friends left and the other one and I continued. Finally we gave up and headed out the door.On the way out at about midnight the idiot grabs a case of beer and by this point I am about ten feet in front of him before I even realized he stopped.I turn around and see that he is carrying a case of beer.I just continued to walk scared and not knowing at all what I was suppose to do.I did not stop for it or even touch it remotely.So we left but later got pulled over.The police found the beer in the trunk and we had not drank any but it was open.The one that took it has charges being pressed against him and he is 16.They said that I can get in trouble too.This guy gets too decide if I go to court or not. they have it all on video. I have no offenses or anything at all.I am technically 14.If that guy says to go to court what could happen to me? what will probably happen?

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3 ANSWERS


  1. Probably just MIP.  You won't be nailed for shoplifting, your friend will.


  2. "This Guy?"  If you have been notified by a judge or police officer that there are charges pending against you, you have to go to court.  Failure to do so may subject you to additional charges such as "bail jumping" (poorly named - you don;t have to be on bail) or "criminal contempt".  

    The case may eventually come to nothing but you cannot ignore that now.  Even though you have a defense, you still have to go through the process.  You've just given us your rendition of the facts - who knows what the store will say?

    There is no such thing as technically 14 - you either are or are not.  However, many states have laws that require parental notification for minors.  I don't know if any of those laws provide for dismissal should the laws be violated.

    First offenses for misdemeanors are usually given what's sometimes known as ACD or ACoD - the charges are held over your head for a few months or a year, and then dropped if you stay out of trouble.  For anything worse, states generally treat minors differently than adults, with cases being sealed to protect their identities but also providing for penalties nonetheless.  That means you could (this is at the outside) get a year in a juvenile detention facility but your criminal record would not reveal this.  If you're record is already clean, even that possibility is unlikely.

    Question - how were you pulled over?  Who was driving?  Why did the cops search the car?  How was the beer tied to the store?  I mean, I could guess the answers, but I'd need you to explain it anyway.

  3. From your description, you could be cited for "minor in possession."  This comes from being in the car...nothing to do with the actual theft.  The low cost of paying an MIP citation, coupled with the lack of a "permanent record" of juvenile offenses would lead most people to the conclusion not to fight it.

    You could be charged with accessory to theft, and then it's up to a judge or jury whether they believe your version of the facts.

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