Expert: Robin Sexton - 7/21/2009

Question
My son 17 yr. old is scheduled for court hearing with a Hearing Officer for 1) trespassing 2)criminal mischief. In Feb he & 2 friends went to an abandoned pool house and found some sex toys-some scattered on the floor and some in boxes. They toyed around with the opened merchandise on the floor and left. The owner of the merchandise is now suing. For criminal mischief, he claims that the kids caused damage to his merchandise and should pay $3,000 for the damage. My son will plead guilty to trespassing but not guilty to the 2nd charge. Do we need a lawyer? What's the procedure under the Hearing Officer? Can we bring a witness or a signed affivit from a 15 yr. old witness who was with him but was not charged? The other friend came back and stole some goods but settled with the owner by paying $3,000 and no charges were filed.  Will these charges go on my son's file?  Please HELP!!!

Answer
Nancy,

Sorry the problem your son got into.  I truly can not advise if you need an attorney or not.  That is a decision that you and your family need to make.  It would not by unwise to contact an attorney and discuss with them for about an hour the options etc.  Representation is a different matter.
I am not sure what state you are in and probably wouldn't be familiar with that specific courts procedures. Normally a hearing officer is a quasi official who has some authority to hear matters and render judgements or accept pleas.  Isn't it interesting though that a little money seems to make charges go away ?  Can't say that i approve.  There are many options that may be possible in this matter.  The fact that your son has a hearing scheduled doesn't tell me much as there could be any number of different types of hearings each with their own purpose and rules.  The rules in court can be very confusing and difficult for non lawyers to understand and function in.  It is certainly possible that the charges could be reduced along with any potential penalties and fines.  Further it is certainly possible that the charges may not appear on your sons record for a variety of reasons.

I am sorry i can't be more specific with my answers but the variances in court procedures and rules are different in all 50 states.  Makes it almost impossible to give specific answers especially in this type of forum.

Good luck

robin