A Police Officer Called To Speak To My Child - What Should I Do?
Intro
You receive a phone call from a detective asking to speak to your juvenile son or daughter. What should you do? Should you allow the detective to speak to your child? Should you refuse to do so?
First, we need to identify if the person trying to speak to your child is a school resource officer or a police detective.
School Resource Officer - this person is not your friend! Do not allow your child to speak to the resource officer. Why?
• What if you are Innocent? If you are innocent of the criminal charges, it is even more of a reason that you must protect yourself from the detective twisting your child's words to fit a story that is not true. If the officer can have your child say something that is not true but sounds incriminating, it becomes your word against the school resource officer.
• What if you are Guilty? If you are guilty, you will not have a good answer for the officer's questions regarding what happened. Your hesitation and uncertainty will be seen as evidence of guilt and it will be used against you. It is better to remain silent.
Detective - detective must receive the parents' permission to speak to the child. If you do not give permission, no talking is permitted with a juvenile.
• Innocent? Similar analysis as the school resource officer. It is important to remember that the detective is not your friend and that his primary job is to find evidence to get a warrant. If your juvenile son or daughter says anything that could be interpreted as sounding guilty, it enhances the probability the detective will detain your child and transfer them to the juvenile justice system for a criminal case. If your criminal attorney speaks to the detective for you and your child, the criminal lawyers' words cannot be used against you in court. The criminal lawyer acts as a firewall between you and the detective.
• Guilty? If you are guilty, the detective is trained as an expert in interrogation and a child will be an easy task for the detective to push around and obtain a confession. If your child has told you they are guilty of the crime, confessing to the detective will not likely provide you any mercy at the time of sentencing by a juvenile judge. You have legal rights you should exercise in order to protect your child's future.
What Is Different If You Hire A Criminal Attorney
1. Everything your child says = evidence against them
2. Everything your attorney says = hearsay
3. Sometimes cases can be pre-empted by your criminal attorney with the Juvenile Services department before they get filed.
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00:00 Should You Allow Your Child To Speak To The Police?
01:03 What’s The First Thing You Need To Do If You Receive A Call To Speak To Your Child?
02:23 What To Do If Your Child Is Innocent?
03:22 What To Do If Your Child Is Guilty?
04:04 What If A Detective Calls You?