3 Tips For Handling Your Child's Arrest
When your child is arrested, you have to act quickly to protect his or her rights. One way you can protect your child's rights is to make sure he or she does not inadvertently say or do something that could be used against him or her in court. If your child has been arrested, here are some considerations that both of you need to make.
Understand Your Child's Rights
Unfortunately, not every parent who is facing a legal situation involving their children understands that their child has rights. Some people mistakenly believe that, because they are children, they do not have the same rights as adults. In actuality, children have many of the same rights as adults.
One of the most important rights your child retains is the right to legal representation. If you do not have a criminal attorney for your child, retain one as soon as possible.
Advise Your Child Not to Talk to Police or Prosecutors
Ideally, police should not attempt to interrogate your child until he or she has legal representation. However, this does not always happen. Your child can face the same consequences that an adult does if he or she answers an incriminating question that is posed by the police. The prosecutor could use what is said against your child in court and that could lead to a conviction.
As soon as you are notified that your child is in custody, tell your child not to answer any questions. Your child's attorney will discuss the case with your child and determine what questions, if any, he or she should answer.
Request a Notice of Charges
You and your child must be informed of why he or she is being detained by police. If the police have not provided this information, this is a violation of your child's rights. You can ask the police to provide you with a notice of charges.
The notice should detail exactly what charges your child is facing. Once you have this information, your attorney can start to work on your child's case. Depending on the severity of the case, the attorney might be able to secure your child's release on bail.
Receiving notification that your child has been arrested can be scary. Fortunately, with the help of an experienced criminal law attorney, you can protect your child's rights and work to defend him or her against the charges he or she is facing.