Full question:
My 17 year old son is out of control. We have tried everything. Two weeks ago he was arrested and charged with a misdemeanor , criminal trespass of a vehicle he was released on an i bond has a court date of 6/8. This week he was arrested in a different city same county and charged with a class A misdemeanor.. some kind of theft. We did not bail him out (tried tough love approach) but someone he knows did. What is the likelihood that he will serve time? If the court awards damages, fines or restitution are we as parents responsible for these amounts? He snuck out during the night to commit these crimes.
- Category: Minors
- Subcategory: Liability of Parent
- Date:
- State: Illinois
Answer:
In Illinois, the law holds parents or legal guardians liable for the actions of their unemancipated minors who reside with them. This includes damages from willful or malicious acts that cause injury to persons or property (740 ILCS 115/3). If your son is found guilty of the charges, there is a possibility he could face time in a juvenile detention center, especially if he has prior offenses.
Regarding financial responsibility, as parents, you may be liable for actual damages, fines, or restitution awarded by the court due to your son's actions. The maximum recovery under this law is $20,000 for each incident (740 ILCS 115/5). It's important to consult with a legal professional for guidance specific to your situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.