QUESTION
What happens if a juvenile runs from the cops and gets caught?
Asked on Dec 22nd, 2011 on Criminal Law - California
More details to this question:
My friend was at a party and the cops were called. She was drunk and ran, but they caught her of course. They took her and gave her a court date, then released her for now. What could happen? We are in California.
12 ANSWERS
Criminal Defense Attorney serving Norwalk, CA
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Law Offices of George Woodworth and Associates
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Depends on the exact evidence that the police have that she "ran." Did she know the police wanted to talk speciffically with her? What evidence do they have of that? Why would they be called to a party? Had she done anything wrong? Do they have any scientific evidence that she was "drunk?" They gave her a court date, and released herso she probably wasn't that drunk or guilty of something serious? These are all the questions that must be answered before an Attorney can properly advise her.
Answered on Jul 08th, 2013 at 2:19 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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She is charged w/ PC 148 (avoiding/evading the cops). She will be prosecuted in the juvenile court.
Answered on Dec 28th, 2011 at 5:23 PM
Criminal Defense Attorney serving Newport Beach, CA
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Law Offices of Anthony Sessa
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If your friend does not get a lawyer, she will be convicted for resisting arrest, and possibly go to juvenile hall to serve a jail sentence.
Answered on Dec 27th, 2011 at 11:23 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Depends on whether she has a juvenile record or not. If not, at worst she will be put on probation. No jail time or anything else.
Answered on Dec 27th, 2011 at 9:58 PM
Criminal Defense Attorney serving Weaverville, CA
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James H. Dippery, Jr.
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She might be charged with a resisting arrest and more likely with a minor under the influence. If no prior record she might be eligible for a non-wardship probation. She should get an attorney, either retained or through the Public Defenders office. The worst thing will be the under the influence, since that will also impact her driver's license with the DMV.
Answered on Dec 27th, 2011 at 9:18 PM
She needs to hire a lawyer, because she is most likely being charged with either resisting arrest or fleeing the scene of a crime. Hope and pray that it's a misdemeanor and not a felony. Consult a lawyer ASAP before she does something foolish like talking to the wrong people and incriminating herself further.
Answered on Dec 27th, 2011 at 4:08 PM
Criminal Defense Attorney serving Irvine, CA
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Todd A. Landgren A Professional Law Corporation
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Your friend could be charged with "interferring with a police investigation", "resisting arrest" or possily "obstructing a police officer". There is no crime for running from the police. They also might charge a "drunk in public" depending on the level of intoxication. That charge, for a minor, means a one year loss of the driving license.
Answered on Dec 27th, 2011 at 4:06 PM
She will have to go to juvenile court with her parents and deal with this. This is serious as her license can be suspended.
Answered on Dec 27th, 2011 at 3:26 PM
Federal Criminal Law Attorney serving Fresno, CA
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Mark A. Broughton, PC
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That depends on the charges and her criminal and social history. If it is only a "drunk in public," she will probably be scolded by the judge, ordered to do some community service, and perhaps a class on the dangers of excessive drinking and/or driving. If she is also charged with "resisting arrest," that is a little more serious but it is a misdemeanor and could subject her to some detention time. It depends on the charges, the jurisdiction, the judge, and the DA. To be on the safe side, she should consider hiring a criminal defense attorney familiar with juvenile procedures in her area.
Answered on Dec 27th, 2011 at 3:13 PM
If your friend denies the allegations in the petition, a hearing is held. The child has the right to be represented by an attorney. At this hearing a judge hears the matter and decides whether your friend has committed the acts alleged in the petition. If the charges in the petition are not proven to the court's satisfaction, the judge will dismiss the case. If the judge decides that the charges are proven, he or she may rule that your friend is a status offender or a delinquent. A second juvenile court hearing is then held to determine what happens to your friend. If your friend is not considered to be dangerous to others, she may be put on probation. If it is determined that she is a serious offender she may be sent to a juvenile correction facility.
Answered on Dec 27th, 2011 at 3:07 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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She could be charged with the misdemeanor of resisting, delaying or obstructing an officer in the performance of their duties [Penal Code 148(a)]. But you don't specify how the original contact started. If she was not lawfully detained, then she could run without committing a crime. Just running to avoid the police isn't a crime. For there to be a violation of 148, there must be a lawful detention to begin with. Either way, she'll need to be represented in court - either by an attorney her family hires to represent her or an appointed public defender. There may be alternative dispositions available to her to try and work this out without suffering any long-term consequences.
Answered on Dec 27th, 2011 at 2:17 PM
Daniel Kieth Martin
I would expect her to be charged with penal code 148.1, resist, delay, obstructing an officer. When it over she will probably have to do some community service.
Answered on Dec 27th, 2011 at 2:16 PM