Speak Up! - View Question #229

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Assuming the 14 year old (age is very important) had never been before the juvenile court before in a delinquency, if the judge finds that minor did commit the offense, the judge has the following options according to Arizona (ARS §8-341):

He can order the child to go home with his family subject to the supervision of the juvenile probation department. Probation supervision can include surprise visits from the probation officer, curfews, community work service, mandatory school attendance without any absences, drug tests, restitution (paying the victim back for the damage done to them or their property), lots of rules and regulations, etc.;

He can place the child with the juvenile probation department, subject to the conditions he deems appropriate - a foster home placement, a group home placement, including incarceration in a juvenile detention center for not more than one year; He can place the child with a reputable citizen (often a friend of the family or a foster parent who will take good care of the child) subject to the supervision of the probation department.

He can place the child with a private agency or institution subject to the supervision of the probation department. Often these institutions are treatment facilities; boot camps; or boarding schools.

He can place the child under the supervision of the Arizona Department of Juvenile Corrections until the child is 18. What this usually means is that the Judge recommends that the child be placed in a locked facility (prison for kids) for a set time and then,if the child behaves while locked up, the child is paroled back into the community.

If the child commits further offenses while in the corrections facility, he can be required to stay there until he's 18.

He can place the child with relatives subject to the supervision of the probation department.

Probation can last until the child's 18th birthday. However, if the child fully complies with probation, pays his restitution, does not commit any further offenses, and the judge had not decided that the best interests of the public or the juvenile require more supervision, the term of probation will not be longer than one year. Realistically speaking, many juveniles find it very difficult to do everything their probation officers ask of them and end up with longer time for probation; are stepped up to intensive probation, or are placed in detention with the Department of Juvenile Corrections if nothing else made them behave.

If this was the juvenile's first felony offense, the court will give them a notice that warns them that if they commit any other felony offense when they are 14 or older, that they will either: be placed on juvenile intensive probation, which can include house arrest or wearing an electronic monitor around their ankle; may be incarcerated at the juvenile detention facility; may be committed to the department of juvenile corrections; or the MAY BE PROSECUTED AS AN ADULT!!

If the juvenile had been adjudicated of another felony, the court will provide him with another notice warning him that if he is arrested for another felony offense and he commits another offense when he is 15 or older, he WILL BE TRIED AS AN ADULT. If he commits another offense when he is 14 or older, he MAY BE TRIED AS AN ADULT. In either case, if the juvenile is convicted as an adult, he will be sentenced as an adult and this can included adult probation, adult intensive probation, or being sent to prison (juveniles are kept separate from the adults).

The adult sentence for the crimes you listed in the question are:

-class six felony theft

-First offense class 6 felony: can get probation absolute minimum of .33 yrs in prison, minimum of .5 years; presumptive (what most people get) 1 year, maximum of 1.5 years; or an absolute maximum of 2 yrs. To get the absolute minimum or maximum, the judge will have to decide there were some special circumstances in the case.

One prior felony offense:must go to prison - absolute minimum of .75 years; minimum of 1 yr; presumptive of 1.75 yrs; maximum of 2.25 yrs; absolute max of 2.75 yrs

2 prior felony offenses: prison is mandatory - absolute minimum of 2.25 yrs; minimum of 3; presumptive of 3.75; maximum of 4.5; and absolute maximum of 5.75 yrs.

Class four felony burglary

First offense: probation is available - absolute minimum of 1 yrs; minimum of 1/5 yrs; presumptive of 2.5 yrs; maximum of 3; absolute max of 3.5

1 prior felony: prison mandatory - absolute minimum of 2.25 yrs; minimum of 3;presumptive of 4.5 yrs; max of 6 and absolute max of 7.5

2 prior felonies: prison mandatory - absolute minimum of 6; minimum of 8; presumptive of 10; max of 12; absolute max of 15 years in prison!!

Criminal Damage

If the damage is greater than $10,000.00, it is a Class 4 felony and is subject to the same sentences as the Class 4 burglary.

If the damage is $2000 to $10,000, it is a Class 5 felony. The sentencing ranges are:

first offense: probation if available - absolute minimum of .5 yrs; minimum of .75 yrs; presumptive of 1.5; max of 2; and absolute max of 2.5 yrs.

One prior felony offense: absolute minimum of 1 yr; minimum of 1.5; presumptive of 2.25; max of 3; and absolute max of 3.75.

If the damage is $250 to $2000; the offense is a Class 6 felony and the sentences would be the same as for the Class 6 theft.

If the damage is less than $250, the offense is a Class 2 misdemeanor. Probation is available. The maximum sentence is 4 mos in jail - not prison.

All felonies of this sort have a maximum fine of $150,000.00 to which the court can add a 77% surcharge making the fine more like a maximum of $265,500. A Class two misdemeanor has a maximum fine of $750 + a 77% surcharge.

In all cases, the judge can order restitution - make you pay for the victim's economic loss.

These sentences can run together (concurrent) if everything is part of the same incident or they can run One after (consecutive) the other if it was separate incidents.