Here’s a post to help parents understand what happens if their school age son or daughter is arrested.
Sometimes parents will receive a call from school administrators or police or probation officers about an incident involving their children. Obviously parents should be concerned, but do not panic. It is not uncommon for law enforcement officers to go to a school and request an interview with a student. Unfortunately, California courts have ruled that a parent does not have a right to be present during an interview. However, a student is not required to make any statement to school officials or police officers. In virtually every circumstance, children should decline to make any statement until represented by counsel.
School Age Child Detained By Law Enforcement
On occasion, the student is arrested and transported to a local police station and detained apart from adults. Following the arrest of a juvenile offender, a law enforcement officer has the discretion to release the juvenile to his or her parents, or take the offender to juvenile hall. Because most of the state’s juvenile halls are overcrowded, mainly with juveniles being held for violent offenses, most arrestees will be released to their parents. If your child has been arrested or investigated for any crime, it’s critical to contact an attorney experienced with juvenile law!
After release, the juvenile and parents are cited to appear a few weeks later in juvenile court. Parents should immediately contact a criminal defense attorney who is experienced in juvenile matters. An attorney can assess the case, discuss the available options, and initiate discussions with the prosecutor to resolve matters informally. If charges are filed, the attorney will appear in court with the family. Juvenile court proceedings are typically private and involve a prosecutor, probation officer, judge, minor and his attorney. Rehabilitation is the goal of juvenile court. Court cases are often resolved with counseling and community service along with a period of supervision by the county probation department.
Except for the most serious violent offenses, juvenile records can, and should be sealed. This process is not automatic. A juvenile law attorney can file the necessary documents to facilitate record sealing. If you need an attorney for representation or would like help sealing the juvenile record, contact me for a free consultation.
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We know distressing it is for parents when they learn their child is in trouble with the law. I’m always there to help, and have extensive experience with criminal law for juveniles. Please, don’t hesitate to contact me and we’ll talk this through. Call attorney Jim Gregory, 818-746-9210. We hope this post helps parents understand what happens if their school age son or daughter is arrested.