QUESTION

I'm 17 and I was caught "shoplifting" an $8 dollar lighter. However the court date is 12/15/09, and I turn 18 on 11/02/09. I'm terrified that it will count as an adult crime and it will be on my permanent record. Will I be considered a minor or adult?

Asked on Jan 01st, 2010 on Criminal Law - Minnesota
More details to this question:
I'm 17 and I was caught "shoplifting" an $8 dollar lighter. However the court date is 12/15/09, and I turn 18 on 11/02/09. I'm terrified that it will count as an adult crime and it will be on my permanent record. Will I be considered a minor or adult?
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1 ANSWER

Complex Federal Criminal Defense Attorney serving Denver, CO at Jeralyn E. Merritt
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Many states treat persons under the age of 18 as juveniles when they are charged with criminal offenses. Missouri, where you are from, is not one of them. In Missouri, persons over the age of 17 who commit crimes are treated as adults. Thus, your upcoming 18th birthday will have no effect on your case. (Had you been 16, going on 17 when the crime occurred, your case would have been handled in the juvenile court, since the determining factor is your age on the date of the offense, rather than your age on subsequently scheduled court dates.) If this is your first offense, and the item is valued at less than $500.00, the offense is a Class A Misdemeanor, punishable by jail and/or a fine. Criminal convictions, even for minor offenses like shoplifting, can have long-term consequences, particularly with prospective employers, Many states provide for diversion for first time offenders in shoplifting cases. Under such a program, you could avoid a permanent criminal conviction being placed on your record. I recommend you seek out the services of an experienced criminal defense attorney in your area who can advise you if diversion is an available option and whether, after considering any defenses you might have to the charge, it is one you should pursue.
Answered on Jan 01st, 2010 at 12:10 AM

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