Can a 13 year old go to jail if he is accused of stealing a phone?

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Can a 13 year old go to jail if he is accused of stealing a phone?

My brother was playing basketball at a kid’s house with his friend, then later he brought a phone saying that a kid gave him the phone. Then he decided to return it to the one who gave him the phone, but then another kid came saying that it was his phone and not the other kid’s phone. The kid thought that my brother was lying and that he still had the phone. Later the cops came and accused him of having it and stealing it. Now the kids family wants to press charges. Can my brother go to jail just for being accused of stealing a phone? I know that he doesn’t have the phone.

Asked on July 12, 2012 under Criminal Law, Florida

Answers:

Russ Pietryga / Pietryga Law Office

Answered 8 years ago | Contributor

No. The worst that could happen is to go to juvenile detention.  Your brother is under 18 years of age and the juvenile court will have jurisdiction. Plus, depending on his juvenile record they will probably order community service and restitution.

Hope this helps.


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