Anyone know the process for getting arrested and punishment for stealing for a homeless 13yr old (living on the streets)? ?
This is purely for writing a book and not related to anything else
OK, so, sry for not provide enough info. The boy is in Spain, hes been on the Spanish streets for a few weeks, he's Hispanic and won't cooperate with the police. He stole medicine from a pharmacy for his sister, who he is taking care of.
Its modern day times, and the boy doesn't understand the language, or have any parents or Guardians. Just him and his sister
- 2 months ago
13 is too young to be punished for any crime.
- EnguerarrardLv 72 months ago
Juveniles have their own courts. If he doesn't have money for bail, he (or she) will wait in a juvenile facility until the trial. Juveniles are often given a non-jury trial. The waiting period might last anywhere from 3 weeks to 3 months.
The juvenile facilities are supposed to offer regular school classes, and probably the girl's detention centers are better than the boy's as far as the bullying goes, but I'm pretty sure they're miserable places anyway.
- bluebellbkkLv 72 months ago
Niamh, you've now told people in two Comments all the information that you should have mentioned right at the start. Why don't you post that information as an Update?
Updates appear right under the original question, so anyone who clicks on the question will SEE the new info straight away instead of having to browse through Comments on other people's Answers.
And then we'll all stop asking 'Where and when is your story set?'
- Anonymous2 months ago
in some parts of the world the offender could be lashed right there on the spot whereas in others he might receive less than a slap on the wrist.
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- 2 months ago
I'm going to assume you mean under American law. I'm Canadian, so I'll lay out the process in Canadian law, but it may be different in America.
1. Steal something2. Get caught & arrested --> during arrest, must be read Miranda rights3. Generally, there is a default for the person to be released after being arrested and taken into custody, unless the Officer in Charge believes it is necessary to keep the person in custody for one of the following reasons:
- to establish the identity of suspect / accused
- to secure or preserve evidence relating to the offence
- to prevent continuation, repetition or commission of an offence
- to ensure the safety and security of a victim or witness
- to ensure attendance at court
4. If the person is released, they are issued an appearance notice (says they must attend court if they are charged with an offence)
5. If the person is not released, they stay in custody until the reason that they were held is resolved (refer to the list under #3).
6. A charge is laid by the Crown prosecutor for the crime
7. If they are still being held in custody, they have the right to apply for bail (called judicial interim release). If a justice is available, within 24 hours. If a justice is not available to hear the application for bail, then "as soon as possible."
8. Bail hearing if necessary. If granted bail, can be issued:
- an undertaking to appear, no conditions
- an undertaking to appear, with conditions
- a recognizance without sureties or deposit
- recognizance with sureties, with or without conditions, without deposit
- recognizance without surety but with deposit of money or "valuable security"
Note: a surety is a person who acts as a guarantor-- basically, they say they will cover the cost of the recognizance if the accused doesn't pay & who will make sure the person appears in court
10. Plea hearing: hearing to determine whether the accused will plead "guilty" or "not guilty" of the charge. If they plead guilty, then they are convicted and sentenced then and there.
11. If they plead not guilty, then the accused goes to trial. The prosecution must prove that the accused committed the crime beyond a reasonable doubt.
12. If the accused is convicted of the crime, then they are sentenced. Sentences (punishments) vary depending on the crime. Because 13 years old means that the character will be tried as a youth, they will usually receive a youth sentence if convicted not the adult sentence set out in the Criminal Code.
Again, this is a summary of the Canadian system. If you're setting your story in America, the process may be different. Good luck!Source(s): Criminal procedure and evidence course at Simon Fraser University
- AndrewLv 72 months ago
Firstly, we don't have any idea where or when your story is set, so it would be impossible to tell you exactly what would happen without those details.
Secondly, in practically all developed countries, when minors are arrested for any offense, the first thing the authorities do is try to locate and contact their parents or guardian. If they were to discover that the offender didn't have parents or a guardian, then that minor would become a ward of the state. If the crime committed was deemed to be serious enough to warrant punishment, then the individual would likely be placed in a juvenile home. If the authorities were to decide that the individual wouldn't benefit from being locked up, they'd probably just resettle the person in a group home or orphanage for the next few years until he or she reached the age of adulthood, at which point it would probably be back to the streets.
Lastly, if you want to write a story, then you've got to do your own thinking and your own research. If you're not interested in doing that, then find another hobby.
- Sir CausticLv 62 months ago
Sure! First of all you select the homeless 13yr old (living on the streets) that you want to steal. There's quite a lot of them, so you've got a good choice. Once picked, you then proceed to steal the homeless 13yr old (living on the streets). Once stolen, you just wait around until you get arrested by the police, When you get arrested (for stealing the aforementioned homeless 13yr old living on the streets) you then proceed to get punished. Serves you right too. I hope they throw the book at you, Niamh!
- 2 months ago
Juvenile Hall and then a group home
- SpeedLv 72 months ago
Where in the world is this, and in what time? Is the child newly homeless and desperate, or is this how he's lived for some time?
Does this kid have any negatives like being a racial or ethnic minority? Is he dirty? Is he injured? How about disabled or disfigured? Is he sick? Does he have a sibling he's caring for? Is he part of a gang of thieves?
The sympathies of whoever judges such children, and the availability of suitable homes or institutions will make a big difference, as will how this child presents himself to authority.
- 2 months ago
It depends on a lot of things.