What age is considered a minor in Texas?

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Latest post 04-09-2010 3:14 PM by Chey72. 15 replies.
  • 04-09-2010 12:44 PM

    • Chey72
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    What age is considered a minor in Texas?

    My daughter was caught shoplifting.  We do not have a court date yet, but they charged her as an adult.  Now we have gotten a letter from [the store's] lawyers wanting $250 dollars to settle a civil case.  What will happen if she doesn't pay it.  She is a cheerleader and an A student.  It was a first offense and totally out of character for her.  So, no time for a job.  If she doesn't pay it will it go on her credit report?

  • 04-09-2010 12:54 PM In reply to

    Re: What age is considered a minor in Texas?

    Chey72:
    What age is considered a minor in Texas?

    Under 18.

    CIVIL PRACTICE & REMEDIES CODE, CHAPTER 129. AGE OF MAJORITY, § 129.001. AGE OF MAJORITY.  The age of majority in this state is 18 years.

    Chey72:
    they charged her as an adult.

    So?

    How old is she?

    Chey72:
    Now we have gotten a letter from [the store's] lawyers wanting $250 dollars to settle a civil case. What will happen if she doesn't pay it. She is a cheerleader and an A student. It was a first offense and totally out of character for her. So, no time for a job. If she doesn't pay it will it go on her credit report?

    Possibly. A criminal conviction probably will. And the store could file a lawsuit as well.

    One thing, though. There is such a thing called a Misdemeanor Compromise where the defendant pays restitution or damages and the prosecutor stipulates to a dismissal of the charges.

    If you decide to pay, make darn sure that the prosecutor is involved in the settlement and agrees to the dismissal and gets it dismissed on paper.

     

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  • 04-09-2010 1:01 PM In reply to

    Re: What age is considered a minor in Texas?

    Under 18. But she can still be charged as an adult.

    If it does NOT settle her credit is the least of worries. She could end up with a criminal charge and conviction. If she needs a job to pay it off, quess no more time for cheerleading.

  • 04-09-2010 1:21 PM In reply to

    • Chey72
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    Re: What age is considered a minor in Texas?

    She is 17 and will turn 18 in July. I think the store has already started on the civil suit.  We do not have the money to hire an attorney and I am wondering if they will give her a court appointed one.

  • 04-09-2010 1:23 PM In reply to

    • Chey72
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    Re: What age is considered a minor in Texas?

    She loves cheerleading, has won awards and scholarships for it.  The awards and scholarships are what is going to pay for her college.  Maybe a part time job this summer.   I don't know.

  • 04-09-2010 1:29 PM In reply to

    So what punishment do you feel is appropriate?

    None at all?

  • 04-09-2010 1:36 PM In reply to

    • Chey72
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    Re: So what punishment do you feel is appropriate?

    No, absolutely not!  I actually left her in the Lubbock County Jail for 48 hours.  I think she should be doing tons of community service and whatever else they dish out.  We just do not have the money for hundreds or thousands of dollars in legal bills.  

  • 04-09-2010 1:37 PM In reply to

    Re: What age is considered a minor in Texas?

    And how will the shoplifting conviction look on her college application?

  • 04-09-2010 1:40 PM In reply to

    • Chey72
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    Re: What age is considered a minor in Texas?

    I don't know, that is a concern as well.  I can't believe she did this.  She is a Junior so she still has a year left.  Wonder if there is anyway to get all of this taken care of before she graduates?

  • 04-09-2010 1:43 PM In reply to

    Re: What age is considered a minor in Texas?

    Right now it appears that if you pay the store, the charges will be dropped. If that is the case, that is the best way to go.

    The alternative is she gets tried for the crime and likely convicted since she has admitted it. She may get community service or a fine or both. All of which is likely to cost more than the offer of settlement. ANd once the criminal case is resolved the store can sue for civil damages.

    You and your daughter need to constul a criminal lawyer NOW. This is not just going to go away.

  • 04-09-2010 1:46 PM In reply to

    • Chey72
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    Re: What age is considered a minor in Texas?

    Alright, then I guess we will consult with a lawyer and see about paying the store the $250 and see what they say.

     Thanks for the information.

  • 04-09-2010 1:47 PM In reply to

    • Chey72
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    Re: What age is considered a minor in Texas?

    Does the prosecutor need to be involved in us paying the money to the store?

  • 04-09-2010 1:55 PM In reply to

    Re: What age is considered a minor in Texas?

    They should if the charges are going to be dropped because the prosecutor is the only one who can do that. But you should ask YOUR attorney about that, not talk to the prosecutor directly.

  • 04-09-2010 2:02 PM In reply to

    • Chey72
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    Re: What age is considered a minor in Texas?

    Thank you so much!  I will talk to an attorney and see what they say.  Thank you for all the information.

  • 04-09-2010 2:16 PM In reply to

    • Drew
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    Re: What age is considered a minor in Texas?

    Many states have one time programs for first offenders that leaves them with a wiped clean record --she needs to check if TX has same--and target  being into same--

    But I think counsel is critical.

    Getting a good job downstream could be a problem with even a small"criminal" record.

    Locally we make stuff I think is some very big stuff go away for 1st time offenders--

    Often shoftlifting involves BOTH a civil remedy to the offended store AND a remedy to the system as in fines.

     



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