Typical charges...

[elm]

My question is what would you expect to be typical charges against a juvenile from this situation: A cop saw a person on a street, early hours of the morning, pulled up, flashed lights and called the person over (for what particular reason, I'm not sure). The kid took off. The kid was chased by cop and cop-friends, first in car, then on foot. Caught him. During the 'catching', one officer's clothing was torn - not physically by the kid but amongst it all. There was no aggressive physical contact from the kid towards officers, just an attempt to get the heck out of there. Kid's attempted avoidance was due to a probation curfew and town juvenile curfew.

What things would you expect to see that person charged with? I know that there are likely specific circumstances but I'm just looking for a general idea.

One particular question, what (if any) responsibility lies with the kid over the officer's torn clothing?

(This is a stepson, mom thinks darling is not being treated 'fairly', I just wish he'd stop...)

(Officers did express opinion that his attempt at flight was not exactly in proportion to curfew concerns...yes )

Thank you for taking the time.

[greg72982]

Here it would be criminal mischief for the clothing. Intent is irrelevant. He didn't have to run, and, had he not ran the officer wouldn't have torn clothing and therefore that is all that's needed.

He would also be charged at the least for running and the curfew violations. Your state and age of the juvenile would help.

[scott715us]

In TN,

Resist stop, frisk, halt
Evading
Curfew violation

As far as the torn clothing, I would seek restitution as part of the punishment to pay for the LEO's uniform. I'm sure the ADA and/or judge wouldn't have an issue enforcing it.

[elm]

Sorry, KY and 17. Old enough to know better, young enough to think he can outsmart everyone.

This is probably his last run through juvenile...

There is apparently a question over whether there was 'reasonable suspicion' for a fleeing/evading charge, if you have any insight on what 'reasonable suspicion' takes?

As far as the torn clothing, I would seek restitution as part of the punishment to pay for the LEO's uniform. I'm sure the ADA and/or judge wouldn't have an issue enforcing it.

How much does a pair of police pants go for these days?

Thanks for your replies.

[nate1]

I am a KY officer. Not really sure what reasonable suspicion has to do with it, but from the scenario you described it definitely sounds like junior is guilty of 2nd degree fleeing/evading. I'd venture to say that the officer observed a young person (obviously not 18) out past curfew and stopped to investigate, which = reasonable suspicion.

A pair of police pants costs $68.

[Outshined]

A pair of police pants costs $68.

The look on the face of the parents, who let their kid run around without repercussions, when paying for the police pants......................Priceless.

[elm]

I am a KY officer. Not really sure what reasonable suspicion has to do with it, but from the scenario you described it definitely sounds like junior is guilty of 2nd degree fleeing/evading. I'd venture to say that the officer observed a young person (obviously not 18) out past curfew and stopped to investigate, which = reasonable suspicion.

I believe the question is whether the officer had the opportunity to determine if the person was obviously not 18 before he indicated that he wanted to talk to kid and before kid ran. If that changes anything?

The look on the face of the parents, who let their kid run around without repercussions, when paying for the police pants......................Priceless.

In our defense, we don't let him run around without repercussions. I've never known another person so stubborn, impulsive, fearless, capable of 'escaping' a locked down home and he's had plenty of 'intervention' and chances...he does what he wants to do and he'll learn one day (and he's not going to like that). The reason I want to ask these questions is so I can tell my wife, yes, he is being charged appropriately, no he doesn't need the attorney who will talk his way out of it, he did what they're charging him with, let him face the consequences.

And we're not paying for the police pants. I believe that legally we are responsible. But nobody has sat him down and pointed that out to him yet. And he hasn't stopped to read up on the law himself either (any aspect of the law).

[Samuel]

My dos pesos:

1. It doesn't matter what "typical charges" are - it matters what the charges are in Your Particular Case. In other words, any charges discussed here may or may not be applicable and this discussion is moot.

2. As far as what the kid did or didn't do that night, unless you were there and right in the mix, you can't say for sure what he did or didn't do.

3. IF you have a curfew code/statute, it was after hours, and the officer believed that the kid was possibly underage (in violation of curfew), that would be enough for a detention.

FWIW, the kid could be facing curfew violation charges, resisting/delaying/obstructing a police officer charges, violation of probation charges, battery on a peace officer charges, etal.

[pac201]

I think you have your answers, but I would like to add something to the mix. Here the judge might consider adjudicating him as an adult; simply put, he could go to real jail instead of juvenile detention. If he is a frequent flier in the system, don't be surprised if that happens.

[elm]

Thanks for the responses.

1. It doesn't matter what "typical charges" are - it matters what the charges are in Your Particular Case. In other words, any charges discussed here may or may not be applicable and this discussion is moot.

Yes I realize that, I'm just hoping to get a general idea as to whether they're doing anything unusual. And it sounds like they're not.

3. IF you have a curfew code/statute, it was after hours, and the officer believed that the kid was possibly underage (in violation of curfew), that would be enough for a detention.

Ok, and we have no idea about what the officer's side of the story is yet. Even if he didn't get a look at a face I assume that things such as clothing could be enough aswell?

I think you have your answers, but I would like to add something to the mix. Here the judge might consider adjudicating him as an adult; simply put, he could go to real jail instead of juvenile detention. If he is a frequent flier in the system, don't be surprised if that happens.

Ok, I, of course, don't really want to see that but....nothing else has done it. I won't be surprised if they consider DJJ amongst those options too.

He could have just had a curfew problem, but he worked hard to compound that. Well done...

[mcsap]

All we need is probable cause to believe a crime may be occurring. We dont need definite cause. If the officer can articulate that he saw what appeared to be a person under the age of 18 out after curfew, he had every right to check him out.

Even if the officer was wrong and the kid was 18 ( who still fled ) , subsequent charges wouldn't be tossed because the officer was wrong in his estimation of age. We only need to be able to articulate that we had a reason to believe that a crime was being committed.

I would just go for restitution for the pants along with the criminal charges.

[elm]

All we need is probable cause to believe a crime may be occurring. We dont need definite cause. If the officer can articulate that he saw what appeared to be a person under the age of 18 out after curfew, he had every right to check him out.

Even if the officer was wrong and the kid was 18 ( who still fled ) , subsequent charges wouldn't be tossed because the officer was wrong in his estimation of age. We only need to be able to articulate that we had a reason to believe that a crime was being committed.

I would just go for restitution for the pants along with the criminal charges.

Thanks for outlining that mcsap.

All of the responses make everything seem perfectly reasonable. Nothing that's happened sounds 'unfair' to me. Thanks for your time.