SHOULD I LET THE POLICE TALK TO MY CHILD?
NO! UNDER NO CIRCUMSTANCES SHOULD YOU PERMIT THE POLICE TO SPEAK WITH YOUR SON OR DAUGHTER WITHOUT CONSULTING WITH AN ATTORNEY.You can refuse to let the police or anyone else speak with your child.You can tell the police or anyone else that you will be consulting with an attorney.You can tell the police or anyone else that your child wants an attorney.An attorney will put the police, school personal, and other law enforcement authorities on notice NOT TO SPEAK to your child. Your child has the same right to remain silent. DO NOT WAIVE your child's right to remain silent.
Be aware that there are Collateral Consequences to taking a plea.
Your son or daughter should be told not to talk to the police, school officials or anyone else that may be investigating him or her. That child should be taught to say: "I want an Attorney!"
The child who is arrested and is charged with Juvenile Delinquency; needs to be reassured that it is OK not to speak to the police, teachers, school administrators or any government agency; it is OK to ask for a parent; and it is OK to ask for an attorney.
SHOULD I LET THE POLICE SEARCH MY CHILD'S CAR? ROOM? BELONGINGS?
NO. If the police come to your home without a warrant and ask to enter your child's room, car, or belongings, you don't have to consent.
DO NOT CONSENT to a search if the police do not have a warrant!
THE POLICE HAVE A WARRANT
If the police state that they have a Warrant, politely ask to see the warrant. Ask for a copy of the warrant.
You should POLITELY make it clear that you do not consent to the search; but do not resist, do not interfere, do not argue, do not lie, and do not be rude to any police officer.
If your child is present, politely inform the officer that you intend on consulting with and hiring an attorney for you child. Then tell the Officer that you do not consent to them speaking with your child.
DO NOT try to explain or try to deal with the situation at the scene.
Call a Lawyer. A Lawyer, with your input, can argue in Court that your child's rights may have been violated.
IMPORTANT INFORMATION FOR PARENTS, GRANDPARENTS, & GUARDIANS
It is every person's nightmare to learn that their child has been arrested or is accused of a crime. A child or teen's entire life can be negatively impacted by what seems like a minor charge.
Consequences of a conviction or an adjudication may prevent a juvenile defendant from obtaining Federal student loans, grants, scholarships, and mortgages; and may prevent the child from being accepted to most colleges.
In most cases,adults may try to encourage the child or teen to cooperate with law enforcement officers prior to discussing the matter with an attorney. Often, cooperation with the police tends to escalate the situation and to make matters worse for the child.
PERMISSIBLE LIES THAT LAW ENFORCEMENT OFFICERS TELL TO GET A CONFESSION. IT MAKES THEIR JOB EASIER TO HELP THE GOVERNMENT GET A CONVICTION:
Police officers will often tell the child's guardian that they just want to talk to the juvenile --just to clear things up. This is not true, in most cases, officers want to learn the facts that are unknown to them, to learn your child's involvement, and to learn the names of any friends or relatives that may have been with the child.
Police officers tell guardians that if the child doesn't talk to them, they will arrest the child. This is not true, in most cases, officers were going to arrest your child anyway. In most cases, if your child gives a statement, that statement will make it easier to get a conviction.
Police officers love to tell guardians that if the child tells the truth now, it will go much easier on them later. No it won't, the prosecution may even add more charges than what the police officer originally filed.