My daughter was recently caught shoplifting $40 worth of shampoos and other toiletries at a grocery store in Ohio. They told her it was a first misdemeanor. The police were called and they said she will have to pay a fine of $35 and will receive a letter in 30-60 days to appear in front of a juvenile court. This is her first offense and is very unlike her. She has a 4.14 GPA and is looking at UPenn, Rice and Columbia. For the section on the Common App that asks “have you ever been adjudicated of a misdemeanor…” will she have to check yes? even before she appears before juvenile court? Will this case be sealed since she is underage? (17 years old, turns 18 in january, after the ED deadline)
(no need for anything critical, please, I have already dealt with this all myself)
@Hanna may have some helpful advice. Good luck -
I think that your daughter could answer “no” to “have you ever been adjudicated of a misdemeanor” if she fills out the common app before she appears in juvenile court. If she appears in court and is found guilty and after that fills out the common app, I think she would need to answer “yes.” Whether the case will be sealed or expunged depends on state law. Do you have a friend who’s a lawyer and could look things up for you?
Good luck. Being a parent is hard; being a teenager is hard. Someday you’ll be able to look back at this and realize you’ve both survived it.
Since applicants are expected to immediately notify the institutions to which they are applying if there is any change to this information, I think you have to decide whether you want to note it here or wait and see if you will be required to notify them in a special communication later.
Get her apps in before it goes to trial would be my advice and say no. It may or may not be adjudicated or there may be delayed adjudication. If you have a lawyer ask him or her for validation.
Get a lawyer. Maybe he/she can argue for a different process so you can parse the word "adjudicated.’
I second the advice to retain an attorney ASAP. Once your child appears before juvenile court in connection with her case, it is an “adjudicatory hearing” and once it is disposed by the court, she has been “adjudicated” of a misdemeanor. It’s possible that an attorney can negotiate for restitution or community service in exchange for dropped charges. Good luck to your family.
http://www.njjn.org/uploads/digital-library/youthguide.pdf
http://www.childrenslawky.org/wp-content/uploads/2012/07/A-parents-guide.pdf
Thank you, @GnocchiB. I’m sorry you are dealing with this challenge, @ldr1234321.
This is all good advice. You need a lawyer. Also, she must update her application if any of the information changes in the future…including after she is accepted or enrolled.
Bear in mind that it is exceedingly unlikely that this is her first error; it’s just the first time she got caught. Kids don’t start out by shoplifting $40 worth of shampoo. They start with a Chapstik and go from there. Colleges will know this. It’s best to acknowledge it when you’re interacting with them.
That said, assuming the worst case scenario and she ends up with the misdemeanor on her record, she can still go to college. She will likely pay some price in the competitiveness of schools that admit her. Prepare now and lengthen the list by emphasizing safeties. Put a lot of effort into the explanation essay where she talks about what she’s learned from the experience and how she’s changed. Families hire me to help students with these explanations, so getting professional help is an option. But if she gets treatment for the underlying problem, this doesn’t have to impact her future in the long term. Good luck!
@Hanna thank you for your message. What is the most common outcome of this case with a lawyer?
For some GENERAL info, I’d suggest the OP read this. http://www.criminaldefenselawyer.com/resources/criminal-defense/misdemeanor-offense/shoplifting-charges-ohio
Definitely hire an attorney. This isn’t just about college.
I agree with Hanna. It’s highly unlikely that this is the first time she’s shoplifted. One thing you need to find out is whether she has friends she goes shoplifting with–it’s not uncommon for groups of girls to do this together. If she is part of such a group, you MUST get her to stay away from these friends. If this is a group activity, it’s very likely she’ll do it again and things will be worse. So, find out if any of her friends were with her when she was arrested–whether or not they were also arrested.
If you haven’t already done so, do a thorough search of her bedroom and little used portions of your home–attic, basement, etc.–to see if you find more merchandise that may have been “lifted.”
The judge can only go by the case in front of him. He is not going to penalize her based on speculation that she might have been shoplifting for a while. I do agree though that she has probably done it before.
I’m with others. She has not been adjudicated yet so get the applications done ASAP.
You will be amazed at how lenient they will be in court. I will speculate that she will get some community service and will be on probation for about six months. If you can afford it, an attorney would be a good idea. Don’t be an enabler, though. You should make your daughter pay for the attorney herself. There must be some way she can earn the money at home. I would also take away her car and cell phone until you are satisfied that she has been punished enough.
In my state, Virginia, the third arrest for petit larceny, or shoplifting, becomes a felony and I’ve seen people sentenced to five years for theft of toiletries. Of course no one seems to serve the whole sentence.
“What is the most common outcome of this case with a lawyer?”
This totally depends on your local jurisdiction. You want to speak to someone who handles lots of small criminal matters in your county.
Agree with the advice to get a lawyer ASAP.
Expungement means different things in different states.
In many places an expunged record means you can even answer under oath that you have never been arrested - the arrest becomes a legal nullity if it was expunged.
You need a good clear understanding of the process in your state.
Best of luck to you and your daughter!
“In many places an expunged record means you can even answer under oath that you have never been arrested - the arrest becomes a legal nullity if it was expunged.”
Oddly enough…unless you’re a prospective lawyer taking the bar exam. Then EVERYTHING comes up. But that’s a long way away for high schoolers like the OP’s daughter.
I don’t know anything about the legal aspects, but you might want to expand her college list. Rice, for example, takes their honor code to the limit (unproctored finals taken in your dorm room) and expects students to follow the code. Violations are taken very seriously.
If your daughter has been shoplifting with friends for the thrill, a school where the limits are put entirely on the heads of even the freshmen might not be the best choice. Other schools offer more structure.
Hanna, what’s your take on this?