Anybody know anything about juvenile law?

[Serial Mom]

I am just sick now - my 12 yr old grandson was accused of something (along with 3 others) and the cops were called to school. The liason officer told my daughter and me that he has to technically arrest all involved, interview them separately and turn the findings over to the DA.

But, he said nobody can be present in the room with him when he intereviews each of the kids - no teacher, no principal, no mother, no lawyer, nobody. Is this right and legal?

[Occulus]

1. I'd notify his mom

and a lawyer immediately... this smells.

Depends on what they're accused of, though... but 12? I would think a parent had the right to be present.

[DK666]

2. GET A LAWYER

Tell him not to say anything.


Yep its standard practice to arrest. They will use fear and intimidation to get a confession and tell you son he has no rights because he is a minor its BS. Then they will charge his as an adult.

They did this in the CROWE case in san diego and destroyed 3 young boys lives and they could have cared less.

[noonwitch]

3. The cop is wrong

Only a parent/guardian can agree to a child not having counsel present. Cops say stuff like this all the time, because they assume that the kids and their parents are ignorant and will comply, especially if it's a petty matter and all parties are just wanting it to go away. I could be wrong about your state-juvenile laws are different in each state, but I'm pretty sure that at this point in time, Miranda v Arizona applies to juveniles, too. Your grandchild always has the right to remain silent.

[monkeyboy]

4. This is B.S.

Don't let them interview the kid without a lawyer present, and don't take no for an answer. Also, tell your kid not to say a word; don't respond in any way. Tell him that they are going to try to trick him into hanging himself, either through intimidation or by pretending to befriend him. Trust me, I've been there as a juvenille.

[Nevernose]

5. NO

A parent ALWAYS has the right to be present, and/or a lawyer. I refer you to the 6th amendment, and to Miranda v. Arizona. Kids have every single right an adult has, except their parents or guardians must be present.

I am not a lawyer, and won't be anytime soon, but I don't think it would be giving legal advice to tell you that I interview children accused of crimes on a DAILY basis, on behalf of the state prosecuting them (they damn near always admit their guilt)...the D.A.s, the judges, the police officer's supervisors, EVERYBODY around here goes to great lengths to make sure the child's rights are protected. Everybody, that is, except for the street cops. Literally 90-95% of all convictions occur because some defendant, ignorant of his rights, opens his mouth in front of a cop.

Get a lawyer, tell the school and the school police that you intend to sue the holy living shit out of them.

MOST IMPORTANTLY: It's hard w/ a 12 year old, but tell him to SAY NOTHING WITHOUT A LAWYER AND HIS MOTHER. Tell him to repeat "I want my lawyer" over and over again like it was a freaking Hail Mary.

[Serial Mom]

6. Thanks but OMG too late - just talked to my daughter

cop already interviewed him. But from what she said, she told him to tell the truth no matter what.

It is a scary situation - principal told my daughter now there are many more kids involved and she feels all are just as much victims as the supposed accusor.

Now I am just sick that the DA can sit on this for how long and react as to whether to file charges on any of them whenever he feels like it? And whether he may want any publicity on something like this scares me more!

[DK666]

10. Did the Mom sign away his rights ?

The parent has to give consent because a 13 yo can not enter into a contract or give away his rights..., BTW waht state is this....

[Serial Mom]

13. Nothing signed by mom, but don't know

if officer had my grandson sign anything.

This is Wisconsin . . .

The officer already told us it would part of a permanant record no matter what the DA decided to do.

[goddess40]

14. I'm in WI, Where are you

My brother used to be a parole officer for juvies in Wausau. He and my mother used to work at Lincoln Hills boys school.

[Serial Mom]

16. In Waukesha County

just west of Milwaukee . . .

[alexwcovington]

21. Ouch

I got a pretty liberal hit off Waukesha when I lived there... what is up with this?

[Lars39]

20. I'd say they just messed up whatever case they thought they had

by not allowing the kids' parent and/or lawyers to be present.

[izzie]

7. Yar I had 5 kids.

For one thing the more juvenile officers we have the more juveniles get in trouble. Should be the other way around but their are parents that will make trouble over just about anything. Do not take their word get to the truth.

[alexwcovington]

8. This country has no respect for the rights of young people

There are a few Supreme Court rulings from the sixties that gave people under 18 due process rights...but this court had repeatedly ruled in favour of overbearing school officials... random and unwarranted locker searches... drug tests...

And to top it all off, every state in the union tries people under 18 in secret kangaroo courts. A trial in juvenile court is more like "let's negotiate your sentencing" than anything else.

It shocks and appalls me. And this is one of the many reasons I support the American Civil Liberties Union and the National Youth Rights Association (www.youthrights.org)

[goddess40]

9. arrest is at the discretion of the officer

this sounds like the "permanent record" scare they give kids.
Why do adults think it alright to lie to kids?

[alexwcovington]

12. They think kids are stupid

And it's kind of the fault of the school in the first place for not adequately teaching our kids about their rights. They're being trained for totalitarianism...

[DK666]

17. My Son and Daughter

Have instructions to ask for a lawyer. They seen first hand how the cops treat kids in southern california.

[alexwcovington]

19. Good

We need to duplicate that across the nation.

[Xithras]

11. Were there WITNESSES to that statement?!?!?

When I was 14 I stole two $750 mountain bikes off the back of a mobile home. The police nabbed me a week later at school and basically said the same thing...no parents, no lawyers, nobody but me and the police were allowed in the room. They grilled me hard and within 5 minutes I'd confessed. I was arrested, released, and later charged with felony grand theft.

My case was tossed after my first appearance. My lawyer presented affidavits from six witnesses to the judge (my mom, and five school employees) stating that the officer had refused me access to a lawyer and interrogated me illegally. Since they found the bikes due to my confession, the judge ruled that neither my confession nor my posession of the bikes could be used as evidence against me in the trial. At that point, the DA only had one piece of evidence, the hearsay of the little troll who turned me in, so the entire case was dropped.

If you can prove that officer stated that, ANYTHING he tell the officer or anything that the police discover as a result of his interrogation is ILLEGAL evidence and cannot be used against him.

[Serial Mom]

15. Sort of . . .

the officer, the principal, my daugher, my grandson and I were in the room when the officer stated he will interview him alone. I then asked about would if he says something that would implicate himself further and he looked at me like "who are you?". Then my daughter spoke up and asked if she could be with him and officer said no, that he may not speak freely then.

Principal spoke up and said she thought somebody could be with my grandson, but then mentioned she thought that was the case if he was under 12, but not over 12.

At least we have witnesses to what the cop said.

[bratcatinok]

22. Might I suggest

that it's time you or your grandson's mom contact an attorney. An attorney may be able to provide some damage control and could also show the police how serious you consider this.

[BiggJawn]

18. Not only an Attorney, but a Guardian Ad Litum, too.

If the court determines that the Parents are not acting in "the best interest" of the child, they will appoint a GAL, usually a social worker.
The Cop is full of bullshit.
He has constituional rights that are not invalid just because he is a minor.

And what is a "Technical Arrest"? Is that like the "School figures" in ice skating?

Do NOT grant permission to "interview" (interrogate) your grandson w/o a lawyer present!

[Serial Mom]

23. They didn't haul him away . .

cop said, "technically, I will have to arrest them" - then he explained that he will fill out paper work that shows an arrest, and creates a record for all those involved, but they didn't take them to station. His report will then be what goes to DA in the County.

All the inteviewing was done on school property.


BTW, for poster who lived in Waukesha County - not liberal here AT ALL - this is a heavily republican county with a lot of new rich young families building $500,000 to $1,000,000 homes (probably from the money they inherit?). I live in Sensenbrenner's congressional district and last time he ran unopposed. The DA in the county is a big repuke.

[alexwcovington]

24. nuts

I visited this summer again and I was shocked by all the gentrification...