Will my juvenile son be prosecuted?

JUVENILE DELINQUENCY

QUESTION
“Will my juvenile son be prosecuted? My son and some kids went into an unoccupied property with a pool and went swimming. Afterward, one of the kids allegedly threw some items into this pool and now they all must go to court. Will I owe restitution? What will happen in juvenile court?”

ANDREW’S ANSWER
The judge cannot order restitution absent an adjudication of guilt, whether via an admission or bench trial. The prosecutor will be looking for an admission from your son that includes an agreement to be liable for the damages. Note, that your son can request a hearing to contest the amount, even if your son admits to these allegations. If your son denies responsibility, he is entitled to a trial before a judge only; juvenile delinquency trials are called “adjudications”.