Understanding the Consequences of Shoplifting for Juvenile Offenders in Carrollton, Georgia

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Many teens get picked up for shoplifting, which is a simple mistake with big consequences. In Georgia, any crime is serious. However, the juvenile justice system is different from the one set up for adults, and the goals of juvenile justice include rehabilitating a child. At Moffitt Law, LLC, we can help any family in need of legal assistance. Your child has the right to an attorney, which you should hire.

Below, our Carrollton, Georgia criminal defense attorney looks at juvenile shoplifting consequences.

What Are the Consequences of Shoplifting?

Your Child Will Be Arrested

Minors can be arrested for crimes, just like adults. Your child will be taken to a residential facility or foster care facility. A determination will be made whether to release the child to their parents or take them into restrictive custody.

Your Child Will Attend a Detention Hearing

Georgia requires that your child have a detention hearing. If they were taken without a warrant, then the hearing must fall within two business days of being taken into custody (5 business days if there was a warrant).

Your child will receive notice of the charges in the delinquency petition, as well as the possible consequences. Your child can have an attorney present.

Your Child Denies or Admits Charges at the Adjudication Hearing

Please discuss with an attorney whether it makes sense to fight shoplifting charges for minors. At the adjudication hearing, your child will either admit or deny charges. If your child denies it, then the state needs to prove its case beyond a reasonable doubt.

This is essentially the “trial” in juvenile justice. The state always has the burden of proof, and your child can present evidence and have a lawyer present.

Disposition Hearing

In juvenile court, the defendant is found “delinquent,” not “guilty,” although they mean the same thing. If your child is delinquent, then there is a disposition hearing. The objective is for the court to decide a course of action.

The goal of juvenile justice is the rehabilitation of your child. The law requires the “least restrictive disposition” after considering the severity of the act, as well as other circumstances, including prior criminal record.

Your child might be required to receive counseling and participate in community service. Other juvenile shoplifting consequences include:

  • Informally adjusted—The court might dismiss the charges after your child completes an informal probation period without any problems or future crimes.
  • Probation—This is the more formal option. Your child will serve probation for a set amount of time.
  • General commitment—Your child can be taken into custody at a Youth Detention Center.
  • Designated felon commitment—this is highly unlikely for shoplifting charges, but we mention it for completeness.

In Georgia, theft by shoplifting (O.C.G.A. § 16-8-14) is a misdemeanor if the amount stolen is $500 or less. This is for a first offense. However, if the amount stolen was more than $500, then it is a felony.

Under juvenile law, your child has committed a Designated Class B felony if they participate in a “smash and grab” or if they have three prior felony convictions. Consequently, they might be committed to a Youth Detention Center for a maximum of 18 months of confinement. A judge will determine if confinement is necessary based on the facts. A juvenile will also need six months of intensive supervision following confinement.

Does Shoplifting as a Minor Stay on Your Record?

Apart from probation and possible commitment, parents are usually worried about a criminal record.

And for good reason: having a criminal record makes it harder to go to college, get a job, or rent an apartment. Someone with a record of stealing might be unable to get common entry-level jobs.

Unfortunately, your child will have a juvenile record. Thankfully, the public will not have access to the record. Georgia law says the contents of juvenile records shall not be disclosed to the public, except for limited reasons. Certain people will be able to gain access to them in the future, such as court personnel.

Get the Legal Defense You Need

Shoplifting charges for minors are serious. Your child deserves a serious defense. Contact Moffitt Law, LLC, to speak with a Carrollton, Georgia criminal defense lawyer. It is possible to win these cases when the evidence is weak or, if your child is found delinquent, to argue that the child should not be committed to detention. Let us explain more in a consultation.

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