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THE LAW AND YOU |
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Each state has particular laws that deal with acts usually committed by young people. Just because someone is under the age of 18 (considered a juvenile) does not mean that laws do not apply to them. Juveniles can be tried as adults for some serious crimes and repeat offenses.
Alcohol, Drugs, and Driving
More than half of all fatal car accidents involve alcohol or drugs. No one can tell in advance how they will be affected by alcohol, prescription and nonprescription drugs, or street drugs.
Driving ability is reduced greatly with only a small amount of alcohol or drugs. It is important to ask the doctor about side effects of any prescription or medicine. Drugs, including over-the-counter medications, can also affect a person’s driving.
Anyone under the influence of alcohol or drugs must not attempt to drive. It is very dangerous to get into a car driven by someone under the influence of alcohol or any drug, including misuse of common household products/harmful intoxicants. You do not have to be “drunk” to be guilty of DUI, just under the influence.
In Ohio, the penalty for a first offense conviction of driving while intoxicated could include 5 days in Juvenile Detention Center (JDC), a fine of up to $1000, loss of driving privileges for up to 2 years, indefinite probation and a requirement to participate in a drug or alcohol treatment program. In addition to the criminal penalties, it is likely that insurance rates of the convicted driver will be higher for a period of up to ten years. Depending on the situation, your parents may be responsible for any penalties, fines, or damages up to $10,000. Further juvenile convictions can be used against you as an adult.
Alcohol Laws
It is against the law to serve or permit liquor to be served to minors anywhere including in the home. It is against the law for minors to have alcohol in their possession in a public place or in a car at any time. Anyone under 21 years or older who helps a minor obtain alcohol can be charged with a crime and sent to jail. Anyone renting a hotel room for underage drinking can also be charged with a crime.
Arrest
If you or someone you’re with is stopped or picked up by the police, you have many of the same rights as adults. If this happens, here are things you need to know:
· Do not resist arrest. The most important thing to do is to be respectful — your attitude will have a direct effect on how you are treated. · You do not need to say anything to the police in answer to their questions without advice from an attorney. You should give the police your name, address, phone number, and date of birth. Beyond this, you do not have to volunteer information. · You do not need to sign anything without advice from an attorney. · If you are in custody and being asked questions, you have the right to an attorney. · Ask the police to call your parents or another trusted adult.
After you have been charged with an offense, everyone is allowed an attorney. If you or your parents cannot afford one, the court will appoint one for you.
Drug Laws
The possession, use or selling of marijuana is against the law. The maximum penalty for possession of a small quantity of pot can be 90 days in juvenile detention center. The penalties for offenses involving hard drugs like cocaine, speed, crack, or larger amounts of marijuana can be very harsh, especially when a federal law is broken. A juvenile charged with a serious drug offense can go to DYS (Department of Youth Services) until his/her 21st birthday. DYS is a juvenile prison; JDC is a juvenile jail.
Males and Babies
If you have sex with a woman and she becomes pregnant, she can decide to keep the child and force you to pay child support. If after the baby is born the mother decides to raise the child, the mother may name you as the father, or at a later time the child may name you as the father. You may be named as the father up to five years after the child reaches the age of 18. If named as the father, you must enter an answer either admitting or denying you are the father. If you deny you are the father, the court will order you to submit to a blood test. If the court finds you to be the father of the child, you will be legally declared the father and may be ordered to pay birth expenses which usually cost several thousand dollars. You will be ordered to pay back support from the date of the child’s birth and current support which will be automatically deducted from your paycheck. If you are unemployed, the money you owe will build up and you will be required to pay when you do get a job. If you do not pay, the law can garnish your wages, make you sell your car or other personal property, intercept both your federal and state income tax refunds, and/or put you in jail.
For the next 18—21 years of life no matter what you earn, no matter where you run, whether the mother is good or bad, whether you visit your child or not, whether or not the mother spends your support money wisely, whether or not the mother receives welfare benefits, each week you will be required to pay the Bureau of Support a percentage of your income for the support of the child.
Pranks
A simple prank, like removing hubcaps or spraying graffiti, can bring a serious charge against you, and you can be punished by being put in detention. A juvenile record can affect you later in life. If you have a court record, some schools or employees will not accept you. What you might think of as a prank could hurt your future. Some juvenile offenses can be used against you in adult court cases. Your parents can be held civilly responsible for your actions up to $10,000 for each action. You (the juvenile) will be responsible for any restitution for damages.
Search Warrants
A search warrant is a document signed by a judge giving permission to search a house, car, store, locker, or other property, even your person. In the following situations, the police can search without a warrant:
· If a car is believed to have been involved in a crime · If a person gives permission for the search · If the police are searching for a dangerous person who goes into a home, or believe somebody in the home is in danger. · If an arrest has been made — a thorough search will be made to locate weapons and assure evidence will not be destroyed. · If the police believes a weapon is in a car · If the driver is arrested — any part of a car may be searched (trunk, locked glove compartment) Telephone Harassment
It is against state and federal laws to make anonymous, obscene, or abusive telephone calls for the purpose of harassing someone. You can be fined and put in prison. If you receive harassing phone calls do the following:
1. Don’t talk. What the caller really wants is an audience so don’t keep talking. 2. Hang up if the caller does not identify himself to your satisfaction. 3. Call the police if a threat is made at any time.
Theft
Taking things that do not belong to you without the permission of their owner is theft. When items stolen are taken from a store it is often called “shoplifting.” There is no difference between shoplifting and theft. The penalties are the same. Using things beyond the scope of the original permission granted also is theft.
Weapon Laws
Check with the city in which you live for the laws about the possession weapons. Laws vary according to city or state.
A young person who is stopped by the police and found to have a gun or other weapon can be arrested and charged with possession of a concealed weapon. It is always against the law to have possession of a concealed weapon without the proper permit. Further, there are laws about transporting a non-concealed weapon and the discharge of weapons — even target shooting.
What To Do In Case Of An Accident
Do not panic! Do not move your cars!
The drivers of the cars should exchange names, addresses, phone numbers, name of insurance companies, and driver’s license numbers. All accidents involving damage must be reported to the police. If there are injuries, call 911 at once. Whatever you do, do not run away from the scene of an accident!
For help call: |
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Sponsored by the Auglaize County Health Department |
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Alcohol, Tobacco, & Other Drugs
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Allen County Blackhoof Area Legal Services |
(419) 224 - 9070 |
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Legal Aid of Western Ohio |
1- 866 - 794 - 7282 |
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Both agencies provide civil legal services for low income |
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