One of the most distressing phone calls a parent may receive is one informing them that their child has been arrested. How you respond in the days that follow when you get such a call might have a profound effect not only on the way your child's case will turn out in the short term but also on their future. That's why it is crucial to take action as quickly as possible to safeguard their freedoms and rights. Here is what you need to do when your child has been arrested.

Remain Calm

When you receive news that your child has been arrested, it’s easy to get upset or confused. Although whatever you might be feeling is completely understandable, it will not help your child’s case. Even though you feel like whatever your child has been accused of is an act that deserves punishment, you should listen to their side of the story because he or she could be a victim of false accusations or mistaken identity. Remaining calm will help to ensure that they are treated fairly throughout the process.

Seek Help From a Juvenile Criminal Attorney

Most adults know that they need to immediately call their lawyers when they have been arrested, but some parents have no idea that the same will apply when their child has been arrested. If your child has been arrested, you ought to call a skilled juvenile criminal attorney who has a successful track record. You can ask for lawyer referrals from your friends or other members of your family. You could also look at reviews and testimonials online to pick an attorney with the right skills to help your child’s case.

Apart from helping your daughter or son, the attorney should be able to give you advice and guide you to understand the legal procedures after the arrest. In legal proceedings, even those who have perpetrated the offenses they have been accused of can still benefit from having a criminal defense lawyer by their side. The attorney can help safeguard their rights and freedoms and fight to have their charges reduced or dismissed entirely.

Do Not Try to Act As Their Legal Counsel

In most circumstances, as a parent, you may recognize what's most beneficial for your child. Sadly, an arrest is not a scenario in which you are the most knowledgeable. You shouldn't attempt to exert legal authority over the issue, even though you are a criminal law practitioner. You could be extremely biased in favor of your child and will be unable to operate as a neutral attorney.

If your child has been interrogated by the police, you should understand that they are now under investigation. In California, the police have a right to investigate your child without your consent. Sometimes parents can harm their child’s case by mistakenly waiving their constitutional rights. It is more likely for you as a parent to talk your child into saying something that could incriminate them. You are also most likely to ask him or her to be honest. The child could then say anything just to please you as well as the authorities or end the entire process. This could be detrimental to your child's case.

It is always a brilliant idea to engage an attorney, regardless of whether or not your child perpetrated what the accusations allege.

Remind Your Child of Their Constitutional Rights

Even though juvenile courts function differently when compared to adult criminal courts, the rights of juveniles in court are almost similar, such as their right to legal counsel and to remain silent. If your child has been arrested by law enforcement authorities, he or she needs to remain silent and speak to a lawyer. If possible you should have this talk with your child before he or she is taken into custody. However, if that's not possible you could always remind them of their rights when you speak to him or them in person or over the phone.

You should take note that any conversation you have with your child in the interrogation room can be recorded to be utilized as evidence in court. Do not talk about the case in the interrogation room except if the lawyer is with you.

Work to Have Your Child Discharged From Custody

You can ask your lawyer about the most ideal way to have your child discharged from police custody as well as what you need to do next. Juveniles do not have the right to bail when facing criminal charges. If your child has been arrested and is being detained, it's critical to retain an attorney who is ready to fight to have your child released during the preliminary court hearing. Parents need to be aware that being held in custody could have a disastrous effect on a child's mental health since the child is possibly already affected by the arrest.

Remind Your Child that Respect and Cooperation with the Authorities Could Go a Long Way

If possible, you should talk to your child about this before they are arrested or interrogated by the police. You could tell them to:

  • Be polite, respectful, and courteous when talking to the police. They should refrain from calling them names
  • Remain calm. They should avoid jumping to conclusions or maybe assume that the case is worse or better than it already is
  • Give personal information, for example, their full names, home addresses, or the parent's contact information. Juveniles have no right to remain anonymous and should provide information that will help the authorities find you
  • Give details about the vehicle or any other automobile you are operating if requested. This information cannot be kept a secret. When you have been asked for information regarding a situation in which you're positive you were not engaged, such as a car accident in which you were a pedestrian witness, then give a truthful response that is only based on what you observed, not whatever you believe happened
  • If the queries lead to a private issue, discontinue the discussion. You could always ask whether you are free to leave. If he or she responds with a Yes, "then" you have the right to leave. Although the police could obtain a duplicate of your identification or driving permit or take down notes, you aren't required to do so

Offer Your Support While Your Child’s Case is Still Ongoing

Being a parent to teenagers, particularly those who are easily susceptible to defiant and reckless behavior could be stressful and difficult. Although it is easy to negatively react to the arrest of your child, if he or she remains in custody, you must offer constant support emotionally by visiting or sending letters often.

You may want to get enraged and air your frustration, but let them talk and clarify the side of their events. Sooner or later, you can learn important information that could assist you in fighting the allegations. For instance, if school officials indiscriminately searched a child's locker with no reason, that evidence could be withheld from court proceedings. Don't forget to let him or her know that you are upset or frustrated, but you should also understand that he or she could also be going through much with the case.

If you are unable to make your scheduled visit, ask your probation officer to organize a "special" visit for another day, or contact your child's attorney so they can help with planning another visit to make sure that you and your child are in contact as often as possible.

If you notice any changes in your child's behavior or mood while in custody, contact your child's lawyer immediately. Counseling offered for your child and your entire family, regardless of whether he or she remains incarcerated or is freed, could help you navigate this difficult time successfully.

Prepare Documentation to Support Your Child’s Case

When you have addressed the issues at hand related to releasing your child from custody and hiring an attorney, there are many other things you could do to assist with your child’s legal case. You can help in gathering documents as well as potential witness information. You could also find report cards, reference letters, or documentation of your child's positive achievements that will assist in strengthening your child's court case by proving that your child is a good and devoted student.

The more details your child's attorney has on your child's medical, personal, and educational background, the better he or she can represent your child. When your child is enrolled in a school, or an Individual Education Program (IEP), carry copies of those records to your preliminary court hearing, even though the school no longer offers you these services. Additionally, it could be very important to provide a list of the medications your child is currently taking and information about the specific medical problem the medication is being used to treat.

Also, provide your child’s lawyer with the full names as well as the contact information of people who could have any additional details about what transpired in the incident, for instance, a coach, pastor, teacher, employer, neighbor, probation officer, or any other person who can act as a character witness or air their support for the child. You can offer these to your attorney for an assessment before he or she hands them over to a judge. Also, let the lawyer know if your child has learning disabilities or a mental disorder that could affect his character.

Be Present For the Probation Interview

Whenever you are notified that your child will be placed in juvenile hall after the arrest, the probation department from the county will get in touch with you to request background details about the child. To guarantee your child's care and safety, it is crucial that you are present for this interview and also give any necessary information to the probation department.

These procedures are generally done over the phone. If a probation officer decides to hold the juvenile in juvenile hall, it could be of great benefit to the child to inform the probation officer of all medical conditions, disabilities, medications, and special education amenities that the child might need.

However, in certain cases, your testimony during the interview can assist in persuading the probation officer that you could offer adequate supervision and support to keep the child out of custody. Understand that the information you give to the probation officer regarding the behavior of your child will be recorded in the report that is submitted to the court judge and the prosecution in charge of the case.

Make Sure You Understand the Terms of Your Child’s Probation or Release

Some juveniles could be discharged from juvenile detention after their case has been filed with certain conditions that have to be adhered to as the court case is still pending. Sometimes the juveniles could be mandated to comply with other conditions of the probationary term after the resolution of their case. It’s crucial to act per the terms of probation or release to avert additional legal issues.

Regardless of the specific terms of your child's probation or release, ensure you analyze them carefully. If there is anything you do not understand, or if other factors would make it hard for your child to implement what has been asked of them, you should speak to your child's attorney.

Find Support

You also need support if your child has been arrested. However, there are not many parent support groups for parents of arrested or incarcerated children. Experts argue that the focus is on parental involvement for parents of juvenile delinquents. However, that parental commitment does not appear to involve emotional support. National organizations for the parents of the juveniles, on the other hand, seem only to focus on matters of getting justice. This is certainly an important goal, but parents also require emotional support.

Being a parent of an arrested child can feel lonely. Raising adolescents, especially those who like to take risks could be exhausting and confusing. In such situations, some parents could end up feeling embarrassed and fall back on their supportive social groups. In other cases, the community could marginalize families associated with incarcerated children. Regardless of your scenario, talking to other parents who have had the same experience or who have pulled through their child's arrest can be helpful.

Be Assertive When Dealing With Your Child’s Issues

Enroll your child in a drug problem counseling or rehabilitation program if necessary. If he or she has been charged with vandalism or any other crime, work with an attorney to repair property that could have been damaged. This could benefit you legally and personally since the court will confirm that you have already done what it requires.

Look For a Network of Care

If your child’s case goes to trial, you could remain in court for weeks or months. This implies that you might not be present to cater to your other children’s needs while dealing with your child's lawsuit. Finding sympathetic friends or members of the family to help you could be difficult, but it's worth trying. A care network can reassure everyone involved.

Speak to a Therapist or Counselor

If your child has committed a crime, you will experience despair and grief even if you can not put your finger on the actual emotions involved. To some extent, the grief could come from having to change your perspective. You have to come to terms with the fact that your child perpetrated an offense.

Also, you need to understand that your child is not who you think he or she is. It is necessary to find ways to view your child as someone with distinctive characteristics and values. You can find ways to help your child if you find that his or her behavior was a reflection of a past trauma that she or he experienced. A therapist or a counselor could help you come to terms with your new circumstances.

Do Not Depend On Websites For Legal Counsel

Websites should not be utilized as a substitute for legal counsel. Carry out your research and look for a good attorney to represent your child. When you can not afford to hire a lawyer, you’ll still have the alternative of being represented by a court-provided attorney.

You can also contact your local legal aid association if you are not satisfied with the attorney the court has selected for your child. You could get a better match with a local law association or group that offers free legal counsel. You might not get enough time to figure things out, that’s why you should go with your gut feeling and do what you think is right for your child.

Urge Your Child to Respect and Abide By the Laws

We understand that you as well as your child could have gone through a lot, but urging them to stay out of trouble could help you both avoid the same scenario all over again. Once the case has been completed, encourage them to get back to their studies as soon as they can and maintain good grades in school. If they are required by law to remain in custody, adhering to the rules could still help their case.

Find a Juvenile Criminal Defense Lawyer Near Me

Keep in mind that juvenile court procedures are different from those in adult courts. To help your child, it is important to work with an attorney who has experience dealing with juvenile arrest cases. With many years of experience defending juvenile and adult defendants, the Los Angeles Criminal Lawyer can help your child through this difficult time. Contact us to schedule a free consultation or ask questions about what you should do when your child has been arrested. Call us today at 310-502-1314.