Comments for Askthejudge

Comment on What happens if you get caught shoplifting? by Kristina

Kristina — Wed, 22 Feb 2012 20:25:25 +0000

Thank you judge. I have another question…Because the cops did not show up and I was let go, does that necessarily mean that they were not called? If they were not called, why would the security guard tell me I would be getting a court date in the mail? How likely is it that someone would be let go if the cops are called? Also, he said that I would be receiving it in 2 weeks but everyone that I have read about has received theirs within months, I’m not sure what to expect.
Thank you
Dear Kristina: It’s unlikely the store would let you go if they called the police. It would be a waste of resources and the police wouldn’t care much for it. You have to understand that these cases are handled differently around the country – small town versus big city, etc. Volume has a lot to do with how soon you’d receive notice in the mail about a hearing in court. Also every crime carries a “statute of limitation” – the time allowed for filing charges after the crime is committed. Shoplifting, depending on the value of the items taken, can have a one or two year limitation period. So, relax. The more time that goes by, the chance of being prosecuted lessens. Good luck.
(This is information only – not legal advice).

Comment on Can a police officer read my text messages? by Joe

Joe — Wed, 22 Feb 2012 05:43:08 +0000

Question….message woman stating 18years of age on dating sight. She sends back phone number to text her. Photos are exchanged suggestive but not nude. find out later she is 15 police have computer and phone are in the process of searching it. Can i be held liable for anything?
Dear Joe: That depends on the laws in your state. Some states have “sexting” laws that penalize this activity. Ignorance is not a defense to criminal activity – in other words, whether you knew her correct age or not, you could still be charged with violating the law. Google the name of your state and “sexting laws” for information. Good luck.
(This is information only – not legal advice).

Comment on What happens to me if my parents get a divorce? by Kolt

Kolt — Wed, 22 Feb 2012 05:38:05 +0000

I am 16 going on 17 in April. My parents are getting a divorce very soon (next few days) and I was curious if by law would I be able to live with my 31 year old brother instead of living with either one of my parents for a month or so until everything settles. Would that be allowed?
Dear Kolt: That arrangement may be possible if your parents agree to it. Discuss this with them – it wouldn’t take a court order or approval if they consent. Good luck.
(This is information only – not legal advice).

Comment on What happens if you get caught shoplifting? by Kristina

Kristina — Wed, 22 Feb 2012 03:18:14 +0000

Hello Judge,

I am 19 years old and live in Washington. Today I was caught stealing makeup from Bartell’s (extremely dumb, I know). I was cuffed and taken to the back where my information was taken down. The police did not come but I was banned from Bartell’s for a year and was told I will be receiving a court date in the mail. I would guess that the total amount was around $50, they didn’t tell me. Will they review tapes? What will happen at court? Can I go to jail? Is it even possible for security guards to cite court dates?
Thank you.
Dear Kristina: Usually, a police officer gives a ticket for shoplifting or you receive a notice in the mail setting a court hearing. But since the police weren’t called, it’s unlikely you’ll be going to court for this incident. The process varies across the country, but this is the usual practice. You may receive a letter from the store or their lawyer requiring payment of a civil fine. Once it’s paid, the case will be closed. Don’t return to the store during the ban or you could be charged with trespassing. Good luck.
(This is information only – not legal advice).

Comment on What if I damage someone else′s property? by koya

koya — Wed, 22 Feb 2012 03:03:06 +0000

My son and his friends damaged another friends car, the Parents only got one estimate, and They want all parties to pay them after they fix they car themselves just in case It cost more. How is this really suppose to work? Are we to ask for more than one estimate and only agree to pay the lowest amount reguardsless If they want extra Things done ?? I feel they are trying to get extra stuff done …
Dear Koya: It would be best to meet with all the parents involved and the parents who own the car to discuss this calmly. Hopefully a reeasonable agreement can be reached. It would cost all of you far more in court costs and attorney fees if this ends up in court. It’s not unreasonable to obtain several estimates for the repairs. Good luck.
(This is information only – not legal advice).

Comment on What is trespassing? by adam

adam — Tue, 21 Feb 2012 20:18:20 +0000

me and my friends went mudding in my friends new truck at an abandoned brickyard. we got stuck and my friend was revving the gas pretty hard to get unstuck so i guess the house nearby heard…and called the cops. he wrote us all a ticket. its my first time ever getting trespassing. the officer said for the maximum we could get 250 $ fine and 30 days in jail but he said its our first time so he doubts that. also, i live in ohio so i dont know how harsh they are with this. could someone help me out. im pretty worried because i dont want to go to jail!!
Dear Adam: It’s unlikely that you’d go to jail over this. As a first-time offender, you may be eligible for a “diversion program.” Once you complete diversion, the charge will be dismissed and you won’t have a record. Good luck.
(This is information only – not legal advice).

Comment on What is emancipation? by briana

briana — Tue, 21 Feb 2012 18:47:06 +0000

i was denied financial aid because my dad makes too much money but i have been living with my boyfriend for a year and my dad hasnt supported me.. im thinking about going to the court for this mean as i would be filed under my dads income unless i get married until i am 24.. i turn 18 in 6 months.. is it worth the time?
Dear Briana: Before hiring a lawyer and going to court over this, you might want to get some legal advice regarding your chances of succeeding. You could ask the financial aid office for an explanation regarding their denial and then talk with a lawyer or even a Certified Public Accountant (CPA) who can explain to you your status as a minor. Even though you don’t live at home, if your father claims you as a dependent for tax purposes, that may have an effect on your ability to obtain financial assistance. There are many aspects to this that require an expert’s input. Good luck.
(This is information only – not legal advice).

Comment on What happens if you get caught shoplifting? by Arianna

Arianna — Tue, 21 Feb 2012 17:35:08 +0000

I live in Indiana. When I was 18, I was caught stealing $12 worth of makeup from a store. Since it was my first time getting in trouble, my punishment was to pay some fines and if I stayed out of trouble for a year, the charge would be expunged from my record. I am assuming that this expungement happens automatically. I am now 25 and will be starting my career soon. I am worried that this will show up on my background check and prevent me from being able to get a job. Do you think this will show up on my record? How long does something like this stay on my record? Any other advice?
Dear Arianna: To make sure the theft has been expunged from your record, you can contact the court you were in and ask if they have anything. If they do, ask about the expungment process. You don’t necessarily need a lawyer to do this. Courts with websites often have the expungment forms online for you to complete and file. Good luck.
(This is information only – not legal advice).

Comment on Is smoking incense like K2 or Spice legal? by Susan Harris

Susan Harris — Tue, 21 Feb 2012 17:08:55 +0000

There’s not been enough testing done on this stuff, Scientists believe it’s dangerous so states are making it illegal but the FDA have approved GMO’s which scientists have said causes health problems and is linked to cancer. The FDA have stated that GMO’s will not be labeled and that we the consumer have no right to know what we are eating. Am I the only one who see’s a problem with this? I believe this stuff should be illegal I just see a double standard here. Everyone has to eat, I believe everyone has the right to know what they are consuming GMO’s are not safe to consume so if GMO’s are on the market it would only be fair this junk is too.
Thanks for your input, Susan.

Comment on Can my juvenile record be destroyed? by Shauniece High

Shauniece High — Tue, 21 Feb 2012 16:28:42 +0000

Can my record be expunged if I pleaded guilty of “MINOR in Possession of Alcohol”?
I was found guilty and charged a fine. The fine was paid and I was 18 and hasn’t done anything since wrong, not even a traffic ticket and I am now 21.
Dear Shauniece: You may be able to have your record expunged. Check with the court you were in for information about the expungment process. Go to the court’s website – there may be online forms you can complete and file. You could also check with the probation officer who handled your case when you were 18. Good luck.
(This is information only – not legal advice).