My 17 year old son was charged with 3 felonies, will he have to do time for them?

Question

My son was charged with 3 felonies, one for attempted burglary, one for theft (over $500) and one for vehicle theft over $10,000. He is 17 with no prior record.

James Edward Smith · Answer

No.

Austin Hirschhorn · Answer

You have not indicated if all the felonies your son was charged with were committed at the same or different times.  The time the different felonies took place could very well make a difference in how the charges will be treated by the prosecutor and affect what plea offer might be made.  The circuit court where the charges will be heard and the judge to whom the case is assigned can also affect whether a defendant will get jail time.   He will need the assistance of an experienced criminal lawyer.

Stephen Richards · Answer

He probably will not have to do prison time, but it is critical to avoid a felony conviction.

Jared Altman · Answer

Yes he might do some time.

Leonard A. Kaanta · Answer

Yes he could be sent to prison, he needs an attorney.

Gregory Casale · Answer

There is no guarantee that we could keep him out of jail and I would have to get far more information that you have provided here. However, it is certainly possible that we may be able to keep him out of jail. No prior arrests is a big factor. There is a lot more that we would need to learn.

Terry Nelson · Answer

The charges actually filed will determine how much time and other penalties could potentially be imposed.  

You'll learn the actual charge[s] and any enhancements filed and get copies of all the police reports and prosecutors' evidence when appearing for arraignment at the first court hearing.    

In California, if convicted of any felony, you potentially face one or more years in prison, plus fines;  on any misdemeanor, you potentially face up to 12 months in jail, plus fines.  Priors and strikes would have added penalty enhancements under the 3-Strikes rules.   

The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, expected testimony, history, etc.   

First time offenders generally don't receive max penalties, but there are no guarantees.  These are not trivial charges, and they are not going to be excused away.

Mark Smith · Answer

The prosecution could request that he be waived out of family court to   superior court or the judge could send him to the training school until his  21st  birthday.

Larry Dunn · Answer

A judge, even in the juvenile system, has the discretion to suspend a   sentence or order incarceration as long as the sentence imposed does not exceed   the statutory limits. A judge must consider the facts of the offense, prior   criminal history, victim statements and personal history of the defendant.  A  judge in Nevada is not bound to impose any particular sentence within  the  statutory guidelines. There is no way to determine what sentence a judge  will  impose if a person admits the offense or is found guilty.

Jeffrey Pollock · Answer

With good counsel and good character evidence, he should only get   probation, boot camp, or maybe even a Consent Decree.

Robert De Groot · Answer

I think these are all 3rd degree felonies, the sentence for each could be up to 5 years in prison. Since he has no prior record, he might be offered probation. He will need a privately retained criminal defense attorney. His freedom is too precious to risk.

Jared Winter · Answer

At 17 with no prior record, he probably won't do significant time if he is convicted.

Timothy Byrne · Answer

If he does not have to serve time he will be lucky.  He may receive shock incarceration for six months. He could receive suspended time or a non-adjudicated sentence.

Stephen Freeborn · Answer

I would like to know the facts of the case, but with three separate felonies, I would say there is a really good chance.

Howard Snader · Answer

These are all felonies....they all carry probation eligible offenses, but probation could include one year of jail. If the court believes probation to be inappropriate, then the court can send him to prison on one or all the offenses.  The terms of probation and/or prison will be subject to any plea or trial result.  You really need to consult with counsel.  Please feel free to give my office a call.

Steven Alpers · Answer

That depends on a number of issues. The most important is if he has any prior record, which you state he does not have. In any case he could end up in your house, foster care, a youth camp or juvenile hall. Since he has no prior record he probably is looking at the lower end of the punishment.

Nathaniel Shafer · Answer

If your son has no previous criminal history, then he should not be charged as an adult and the case should be in juvenile court. Hire an attorney familiar with juvenile court proceedings to give him the best chance of avoiding jail time or juvenile detention.

Leonard Harden · Answer

It all depends on court, prosecutor and defense lawyer.  In most cases a 17 will not serve time, but getting a good lawyer is very important.  Feel free to contact me.

Gary Moore · Answer

He COULD avoid jail. Give me a call, if you like.

Jason Richards · Answer

If he was under 18 at the commission of the alleged crimes then he would need to be certified as an adult by the Juvenile Court. I am assuming he has already been certified as an adult in answering this question. If he has not been so certified, then the following answer does not apply.  The maximum punishment for crimes varies depending on the degree of felony or misdomeanor that a person is convicted under. Here is a link to the courts website that outlines the maximum penalties that each degree of felony carries:  http://www.utcourts.gov/howto/criminallaw/penalties.asp  Remember- at this point, your son has not been convicted of anything, only charged. He has the presumption of innocence until he is proven guilty beyond all reasonable doubt. You should contact a lawyer to see what your options are.

John Brennan · Answer

Your son is in deep trouble and could well do time.  With the number and severity of them I would expect they will seek to try, and punish him, as an adult.    Beyond that generality, it is impossible to answer your question definitively on the facts presented, please call my office with additional details and for an appointment.

Daniel J. Pingelton · Answer

That's hard to say. Given the nature of those charges, he needs to get a lawyer ASAP.

James Osak · Answer

THREE (3) FELONIES?  JAIL TIME IS POSSIBLE.  You need to retain an attorney ASAP.  It'll cost you about $2,000 per felony.  Good luck.

Matthew Kober · Answer

There is not enough information here to decide.  It will largely depend on his criminal history, whether anyone was injured, how many total charges he has, etc.  Every case is different.  I've have felonies go with time and without time.     You should consult an attorney.

Michael Palumbo · Answer

Felonies as a first arrest is very bad. Why is he stealing other people's property? You need to remediate his behavior immediately. As for the law, find the best criminal defense lawyer you can afford you need to get these felony charges reduced.

Mark R. Thiessen · Answer

He absolutely could.  You need the best lawyer you can afford.  Going to depend on the court, the county, the DA, your lawyer and the facts.

Russell Pietryga · Answer

Because your son is 17, jurisdiction will be in the juvenile court. Juvenile's are adjudicated as delinquents regardless of the offense. That said, juvenile judges are more concerned with rehabilitation rather than punishment.  However, if your son does not have a way to pay restitution he could be sent to a work camp, if convicted, to pay off the restitution ordered.  Lastly, because this is a first offense, your defense attorney and district attorney should be able to work out a resolution that will keep him out of detention or a juvenile facility.  Hope this helps.

Steven Fairlie · Answer

It will depend on a lot of factors not included in your question.  Was he charged in adult court or juvenile court?  Consult a good lawyer to get specific advice for your case.

Harley Gutin · Answer

Based on the following facts that you have written:  Your son is 17 years old, he has no prior record and he has three felonies:  I would say that a good lawyer will keep him out of prison.

Mindy Bish · Answer

It depends if he is being charged as a minor or as an adult and also if he has ever been charged with a crime before.

Jeff Yeh · Answer

Very very likely. Contact an attorney for consultation, because your question is way too general.

John Patrick Yetter · Answer

The only fair answer is maybe.  Determining jail time on a case is an art not a science, but I can certainly see many ways that jail can be avoided in this set of circumstances.

Dennis P. Mikko · Answer

Whether or not he will do any time depends on what he is finally convicted of, if anything.  The fact that he is 17 will not, in and of itself, prevent him from being sentenced to either jail or prison.

Ronnie Vargas · Answer

It depends on various factors. The seriousness of the offense, the need to protect the community and the need to punish/rehabilitate the individual are some of the factors a Judge will take into consideration when sentencing your son.

Gregory Crain · Answer

Maybe, Maybe not. Each case is different, so I would talk to a lawyer.

Michael J. Breczinski · Answer

Whether he does time depends on the details and his attorney. He should get a good one to defend him.

Herschel Bullen · Answer

That is a bit of a crystal ball question.   First offenders are generally given a second chance with emphasis on rehabilitative programs and treatment, but the answer will depend entirely upon the surrounding circumstances, the severity of the crime and damage or injury caused to the victim, other historical information about your son, other such factors, and the recommendation of the probation department and the prosecutor.  The ultimate decision will be solely up to the judge.

Stuart Nachbar · Answer

Whether he will have to due time is determined by what he is pled to.  A   plea bargain can reduce the amount of time that he will serve.  Many of us   criminal attorneys offer a free consult.

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My 17 year old son was charged with 3 felonies, will he have to do time for them?

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