Chances of jail time?

Question

I have just consulted a friend in law enforcement about a case regarding my stepson (14 years old) and him using 40 fake (counterfeit) bus tickets that were used to go and come back from school. The value in all was $60. According to her, this is a class c felony in my state (utter forgery). However, when I asked about the possible punishment, i didn't receive much of an answer because she said that she wouldn't hazard a guess. This is his first offense and he is pretty much a good student (straight A's normally). And he is remorseful. He was caught by a bus driver using them 2 months ago (of course, i didn't out until weeks later), so i don't know whether charges were pressed. There were survelliance cameras on the bus (so they will most likely identify him) and not to mention his fingerprints. What are his chances of being sent to a juvenile detention center or probation? He is planning of pleading guilty, but i think its best that we consult an attorney. thnx

he is 14 years old..

he intentionally counterfeited them..

this is in new jersey

Answer 1

DO NOT PLEAD GUILTY!!!!!!

Talk to a local attorney. If you can not afford one contact the bar association for NJ and you can get a free consultation on the phone.
If no charges were brought then you have no worries, if they were your son was most likely arrested and had to post bond or he was given a citation for a notice to appear in court.
For a first offense on a case like this, jail time is highly unlikely. The most likely outcome will be a diversionary program and a withholding of a guilty adjudication involving community service and probation time and possibly a small fine with you son giving a "no lo contend-re" or no contest plea....again....DO NOT LET HIM PLEAD GUILTY.

The big question is if charges were filed. If he just got busted by the bus driver.....so what?.....no big deal.

Do not contact the bus company to make restitution as this can be viewed as an admission of guilt. Meaning you can pay back the $60 and they can still turn him in regardless. Just like if you got caught shoplifting and then said "well... here is your merchandise back".... No dice. The merchant is still calling the cops and you are still in trouble....and the fact that you offered the merchandise back, proves you stold from them.

Another thing is the information you were given regarding this being a felony case.... very unlikely a felony over $60, however, it may be, due to the fact that the bus company is a government entity (ie. transit authority) but I really doubt they are taking finger prints from paper ticket stubs.

Answer 2

Yes, consult an attorney!

I am not an attorney, nor do I play one on TV. but here is what I think.

If your stepson pleas guilty, shows great remorse, turns over whoever he got the tickets from, and makes restitution, he has a chance of getting off with community service and probation. However, if the prosecutor and/or judge have a notion to be hardnosed, he can get jail time.

See a lawyer and be willing to cut a deal with the DA. The kid is guilty, he knows it, and so do you. Stepping up and taking his lumps like a man, without whining or making excuses will also make a good impression of the DA and judge.

Good Luck, I hope the kid learned a lesson from this trouble.

Doc

Answer 3

You should certainly get a lawyer. He or she can plead the best case for you.

There is no way to tell what a judge might do. Some judges might put him on probation and order community service and restitution; some may give him time in detention.

His good school record works in his favor but I wouldn't count on any breaks if it were my child.

Get a lawyer and hope for the best. If he pleads guilty and shows remorse, it would probably go a long way towards mercy from the judge.

He has learned a very difficult lesson in the hardest way. Hopefully, this will be his only youthful discretion.

Good Luck.

Answer 4

Let this go until you hear something. Why cross that bridge before anything happens? It doesn't sound like anything has been filed, as it was 2 months ago, and you haven't heard anything yet. Besides, the bus company would spend way more than the $60 in legal fees to pursue this. I don't think they will. I hope your step son has really learned a lesson. As far as my opinion goes, he's getting off lightly. He needs to be punished somehow. It was stealing. What have you taken away from him? Even if he were to be tried (which, as I said is doubtful) he should be made to do some sort of community service, and still be restricted at home. Good for you for trying to do the right thing by your son, but please, have him take responsibility for his actions. It's the only way for him to learn.

Answer 5

Not knowing what state you are residing I will give you a very general answer. Where as the accused has no criminal record and said amount of the offense ($60.00) I would say the offender is looking at formal probation, resitution and maybe some type of counseling.
This type of behavior usually isn't done y just one single person in this age group. There were no others involved with him in this offense?.
If you haven't heard anything from the courts as of yet I would try and make good the $60.00 with the bus service so that they don't seek prosecution.

Answer 6

If he had the money to pay restitution now he could stand of undertaking of warding off reformatory time, yet maximum in all threat he will serve some 365 days with 3 years of probation after that.

Answer 7

My friend got caught with a fake student ID and he got thrown in jail for a night but there wasn't much else that came out of it. He was 21 at the time and the school that he faked the ID from, their student were allowed to ride any city transit for free (it's part of their tuition).

Answer 8

Every state and locale will be different but the first thing anyone should do is contact a lawyer who is an expert in the field of juvenile issues. They will know what the local community is likely to do in this case and how to proceed with the defense.

Answer 9

since it is a class c felony, i would guess a slim chance, but since he never has been in trouble before, is a good student, and is remorseful, probation sounds like a fair punishment, but do talk to a lawyer first.

Answer 10

yea, that's what's wrong with the schooling system...the board needs your child to keep their classes open, yet they won't assist in getting them there and back home safely, i think transporting the child to classes and back home should be part of the school boards priority. I'm assuming the school is publicly funded...