There are only a few things that are more scary and frustrating than receiving a phone call or, even worse, a visit notifying you that your child has been placed under arrest. If this ever happens to you, you want to understand the essential things regarding juvenile crime and detention and know what you should and should not do going forward, as it will significantly affect the outcome of your minor’s case and future.
Remind Your Child That They Do Not Have to and Should Not Talk to Law Enforcement Officers
Usually, juveniles do not entirely understand their legal rights when they have been placed under arrest. Your child is entitled to not speak to the police. However, police officers usually try to make children under arrest provide proof that backs the reasons for their detention before they can speak to their parents or a skilled lawyer. The police may interrogate your child at their school, where chances are low that they will be appropriately advised of their rights. They may also interrogate the minor at the station where there might be hidden tape recorders or cameras.
Do Not Argue With Law Enforcement
Remember, law enforcement officers owe the public the duty to uphold the rule of law and maintain peace and order. Per the Bureau of Justice Statistics, most children arrested are judged delinquent. Out of the judged delinquents, most confess to their offenses. If a police officer arrested your minor, they possibly have a valid reason.
Also, note that law enforcement officers are not on your side. Instead, they aim to maintain peace and order and enforce the law. At times you will see that the police department is oddly inherently understanding of juvenile behaviors. The police here might make compassionate remarks and recommendations based on family circumstances. However, do not engage or argue with them. Doing so may lead to a less favorable outcome for your child.
Hire a Defense Attorney for Your Child Immediately
Often, law enforcement officers tell parents whose children are under arrest that they do not need an attorney. They might say they only need to speak to your young one and derive the truth regarding the matter at hand. Although, if your minor is under arrest, the same rules apply for adult suspects, particularly Miranda rights, which state that anything your minor says can and will be used against them in juvenile delinquency court.
In California, a judge can appoint a public defender to a juvenile suspect. However, this occurs after the prosecutor has filed charges at the initial court hearing, known as the detention hearing. By this time, your child will have missed many key chances during the pre-filing and investigation stage. At that point, they could even avoid court entirely by working closely with a skilled juvenile defense attorney. That is why you want to hire a lawyer as soon as your child is arrested.
An experienced attorney may be capable of having your minor’s case rejected for filing, resolved informally, or even dropped. Some things the attorney can work on before your child’s case starts are:
- Requesting your minor’s release so that you can take them home.
- Talking with the probation department to block the filing of a petition against your young one and potentially provide informal child supervision without bringing charges.
- Suggesting a rehab program instead of child detention.
- Convincing the D.A to not file, dismiss, or reduce the charges against your child or prosecute the child informally without formal court proceedings
- If the case reaches the adjudication hearing stage, fight for the minor acquitted of all charges
Find Support
Should your child be placed under arrest, you will require support. However, there just is not much out here in the form of parenting support groups for parents whose minors have been incarcerated or arrested. Experts supposedly focus on parental engagements for parents of child offenders. However, parental engagement does not seem to involve emotional support. Meanwhile, groups for parents of child offenders appear to be only centered on the problem of finding justice. Finding justice is undoubtedly a critical goal. However, parents of children who have been arrested also require emotional support desperately.
Parenting a minor accused of an offense can be difficult and lonely. Parenting an adolescent, particularly one susceptible to risk-taking conduct, can be stressful and confusing. In this case, some parents will feel ashamed and pull out of supportive social groups. In other cases, communities might isolate the families dealing with a child offender. Regardless of your specific circumstances, it is helpful to converse with other parents with the same problem as you or those who have overcome their child’s arrest.
Many local groups in California offer support and other resources to parents dealing with juvenile-related issues such as incarceration, arrest, or reintegration once an incarcerated minor is set free. On the contrary, few national groups are providing emotional support to parents of incarcerated or arrested children. Nevertheless, it should be possible for you to find message boards and chat rooms where you can speak about the problems and find support and comfort from other parents who have experienced the same problems as you.
When it comes to your child, be proactive with their problems. If applicable, have them enroll in rehab or counseling for drug or alcohol issues. If the child was accused of an offense like vandalism, work hand in hand with the child’s lawyer to repair all the property they might have damaged. This will assist both legally and personally since the juvenile court judge will see that you are already doing what they would require.
Be Calm
You may be angry, and understandably so, at your child, the party that accused them of an offense, or the law enforcement officer who placed them under arrest. However, being angry will not help your teen. Even if you feel your child did something terrible and deserves to be punished, remember you could always punish them at home as you see appropriate and in a manner that will not affect their future. Furthermore, remember that sometimes people are falsely accused; thus, it will not hurt to hear their account of events first.
Know Your Teen’s Rights and Remind Them of the Same
Whereas juvenile delinquency courts function differently than adult courts, a suspected child offender’s legal rights are significantly the same. A juvenile who has been arrested has the following rights.
The Police Must Have Probable Cause to Search the Child
For a police officer to search your child and arrest them, they must have what is known as probable cause. Probable cause means the police should have enough reason to believe your child committed an offense. An exception is if you or any school official know of a crime and inform the police.
The Legal Right to Stay Silent
When a police officer arrests your child, the child should maintain that they will remain silent until they speak to their attorney. Ideally, you would have already told your child this before they were arrested. If not, you should remind them of their right to stay silent when you talk to them in person or on the phone.
It is essential to understand that any conversation you have with your child in the interrogation room may be recorded and submitted as proof in court. Do not discuss their case with them in the interrogation room unless the child’s lawyer is present.
Your Child Does Not Have the Right to Post Bail
Mostly in California, a child is released to their parents/guardian before the court determines their case. However, in some instances, if the judge deems it necessary, they can detain your child until all the evidence is scrutinized or until the judge reviews the charges. As a parent, your child does not have the right to bail and may be detained for an unspecified period. This is unlike in adult court, where the defendant can post bail to secure their release pending case resolution.
The Right to be Provided with Notice of Charges
Your minor must be notified of all the charges they face. There are terrifying stories of people being detained indefinitely without due process and without even hearing the charges of which they have been accused. These situations happen, but they are rare. And being detained without being notified of the charges is not something that usually happens to child offenders.
The Right to Legal Representation
As a guardian or parent, you ought to secure a skilled lawyer to represent your child in the court proceedings. That lawyer should understand juvenile delinquency laws, work or have worked in juvenile delinquency court, and understand the personalities and trends of the different juvenile court judges.
The Legal Right to Cross-Examine and Confront Witnesses
Although minors are not subjected to a court trial like adults, they have the legal right to cross-examine and confront witnesses. It is one of the ways the child can defend themself. And everyone else accused is entitled to defend themselves.
Charges Should be Proven Beyond Any Reasonable Doubt
For the judge to determine that a child committed an offense and deserves punishment, the prosecutor must prove beyond any reasonable doubt that the charges are accurate. It is the right of every juvenile accused of a crime to have the charges proven beyond any reasonable doubt. Should the investigation take an extended period, the child can be placed in a residential treatment center or detention facility until their charges are disproved or proven.
The Right Against Self-Incrimination
Children in juvenile delinquency court proceedings are entitled to invoke their 5th Amendment right against self-incrimination. This means no one can force a child to testify against themselves or say an incriminating statement that would later be used against them. In other words, the 5th amendment allows the minor to refuse to answer questions during the adjudication hearing to avoid accidentally confessing to the offense.
Other rights that your child has are:
- The right against unusual and cruel punishment.
- The Sixth Amendment right to a speedy trial.
- The right to contact a lawyer when detained.
- The right to contact you when detained.
- The Fourth Amendment right against unreasonable searches and seizures.
- The child is not, however, entitled to a jury trial.
Comfort Your Child
If and when your young one is released from custody, discuss what transpired and ask them how they feel about it. Helping your child emotionally following an arrest can be difficult. You may be upset and want to express your disappointment. However, you should also let your child explain their side of the story. You may end up grasping key pieces of information that may assist you in fighting the charges the child faces. For instance, if a school official randomly searched your teen’s locker without reasonable suspicion, it is proof that the judge can withhold during the trial. Let the child know you may be angry, but you understand they are going through so much, and you only want to help them.
Encourage the Child to Stay Out of Trouble
You and your teen may be passing through a lot, but try to have them return to school as soon as possible and encourage them to work hard to improve their grades. This move may seem inconsequential, but it can help persuade the judges significantly. And if the minor is truant for an extended period after being released from detention, it may also hurt their case.
Obtain Documents That Can Be Helpful to the Child’s Case
After you have addressed the immediate matters involved with having your minor set free and obtained legal representation, you can take several other steps to help their case. Tracking down reference letters, report cards, and documents showing your child’s positive achievements can strengthen the minor’s case by demonstrating that they are a responsible and good citizen.
Always give these documents to your child’s legal counsel for assessment before presenting them in court. Remember that the more information your child’s lawyer has regarding your child’s educational, medical, and personal history, the more effectively they will advocate for the child. Ensure you inform the lawyer if the child has a mental illness or learning disability that may impact their behavior. If the minor has current accommodation at school or an education program, present copies of all these records at the detention hearing—even if the school no longer provides the services.
Additionally, providing a list of the minor’s present medications and info regarding the specific problems the drugs are being used to treat can be essential. Also, if there is anyone who might have information regarding what transpired in the case, for instance, probation officers, neighbors, employers, teachers, pastors, or coaches, it is helpful to provide the attorney with the full names and contact information for each of them. Also, provide the names of anyone who can serve as a character witness or voice support for your child.
Be Present for the Probation Interview
If you are notified that your minor is being transferred to juvenile hall, the probation department will call you to request background info about the minor. To ensure proper safety and care for your young one, you want to be available for the interview and provide the department with whatever information they need.
Generally, the interview is handled by phone. Informing the probation department of any disabilities, medications, special education services, and medical conditions your child requires could significantly benefit the minor if the probation officer decides that the youth should be detained in juvenile hall. However, in some instances, whatever you say during the interview may help persuade the probation officer that you can provide enough supervision and support so the minor does not have to be detained. Keep in mind that any information you give the probation officer regarding your child’s conduct is documented in a report submitted to the prosecutor and judge assigned to the minor’s case.
Ensure You Understand the Conditions or Release
Your child may be released from detention after the prosecutor files the case with various rules that should be followed pending the case resolution. Or, they may be required to follow given probation terms after their case is resolved. They want to adhere to all the conditions of probation or release to avoid further problems.
Whatever the specific conditions are for your child’s release or probation, ensure you evaluate them. If it would be impossible for the minor to comply with the ordered conditions or you do not understand something, inform the child’s lawyer.
Contact an Experienced Juvenile Delinquency Defense Attorney Near Me
Has your child been arrested for an offense in Van Nuys, CA? At Leah legal, we know how overwhelmed a parent can be when their child has been detained. Our knowledgeable juvenile crime lawyer will assist you in fighting to protect your child’s rights and seek the most favorable outcome for their case. We will first walk through what to expect from the juvenile justice system and what you can do to help your child prevail in their case. We have successfully represented child offenders in Van Nuys for several years. Call us for a complimentary case evaluation and consultation at 818-484-1100 to know more about how we can help your child when arrested.