This exactly OP. Every since job application your daughter fills out in the future will ask if she's ever been convicted of a felony. She will not be able to work with children or the elderly. She won't be able to work in finance or anything where you need to be trusted. A felony is a major, major deal. If you were a manager and have a bunch of people applying for a job and you saw one with a felony conviction wouldn't you just throw it in the trash? The money you spend on a lawyer will be well spent. You daughter's future is worth more than few thousand dollars. Hopefully is is sorry and is working on why she did it. Does she have a drug problem? |
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Don't go with a public defender if you can afford a lawyer. A good lawyer, assuming she has a clean record, can work to get the charge reduced.
A lawyer can also put in a motion for a bond hearing again to get her released so she doesn't have to wait it out in jail if you'd like for that to happen. Some parents choose to let them wait it out in jail/detention center. |
another poster here--she will have extreme difficulty getting a professional license like an RN or MD. And then she won't be hired by a hospital (who do background checks and scrutinize for these things on applications). I don't know how long these things stay on one's record but if she wants to pursue nursing (for instance) she could be done with college by age 21/22 and a conviction now would definitely still be on her record. Do whatever you can (pay whatever you must) to get this off her record! |
Since she is a minor, doesn't this get dropped off her record when she turn's 18? |
| Do you live in Va beach, or is this a case of spring break gone wrong? |
+1 The public defenders I know are dedicated, smart, good attorneys, who are totally swamped by their workload. Get a private attorney if you can, someone local to the area who knows the system. If you can't afford an attorney, the PD will do their best, and it's possible that they will also know how to get this pleaded down to a misdemeanor, which is your best outcome here. |
Do not live in VA Beach. DD was visiting friends. |
This. But also keep in mind that this will likely be the least serious case they will be dealing with and , at the very least, you need to get down there and talk to them in person about how you want them to proceed (answer: settle for a misdemeanor; whatever you need to do to make that happen). |
| OP: One defense to consider if push comes to shove: the VA law is based on the value of the item, not it's price; while the price of an item is presumptive evidence of its worth, it isn't determinative. If this is a store that would sell things at a mark up, there is a very good chance you can find it for sale for less money/get a valuation under $200 given how close to the limit it is. Even threatening to do that may get the DA to let you do a plea. |
| ^^ That is not legal advice and I am not barred in VA. |
| Why was she stealing in the first place? |
Did OP say that it was just one item? OP said "some jewelry" which could refer to several items. |
| Get a lawyer and work out a deferred sentence. Is she sitting in detention right now? |
No. Her criminal history will always reflect the arrest and that she has a juvenile conviction. Most professional licenses, background checks, etc don’t limit their criminal history inquiry to crimes committed after 18. Finally, if she is ever busted again, the juvenile prior will likely figure into release conditions and plea offers, even if it can’t be used to enhance the actual sentence or charge as a repeat offender. |
| I grew up in a family of lawyers and many were criminal lawyers. i would definitely say this is a time to get the best private lawyer you can afford. You don't want this to mess your daughter's record up permanently. No one wants a felony on their record. Good luck. |