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Not that I want to do this, but I'm stalling on going down to the Jury Room to handle our huge adult docket, so I'll ask just for the heck of it.

We have a juvi that was released on conditions - on Probation for CINS and picked up some violations. R/L on ankle monitor and took off with it. Eventually came back, but was gone for several days.

IF the theft charge is good (class A - the value is aroung $650), COULD you (not should - I got enough problems) consider the release w/conditions a contractual relationship with the government at the time the property (ankle monitor) was appropriated (to kick it up a level)? I know we're dealing w/a juvi and a minor can't enter into Contracts (at least from a civil perspective - maybe they can here, I don't know).

Again, I'm not going to and I don't need the SJF or the headache. Just thought I'd ask for discussion sake.
While we're at it, Anyone ever charge theft when a juvi on monitor bolts with the monitor?
 
Posts: 357 | Registered: January 05, 2005Reply With QuoteReport This Post
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I've done a few thefts on them and even more criminal mischiefs when they have been 1) beaten with hammers, 2) tossed into pools of nameless chemicals 3) the monitor box drowned in the tub....
I'm with you, not sure I could go with the "contract" theory but interesting point of discussion. I've also thought about a 37.09 tampering, since the monitor is there to collect evidence, but someone convinced me that there is a difference between evidence and potential evidence.
 
Posts: 640 | Location: Longview, Texas | Registered: October 10, 2001Reply With QuoteReport This Post
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