Criminal law does not just pertain to those over the age of 18. Anyone under the age of 18 is also subject to criminal law enforcements should they break the law. This can include theft, bullying, and other criminal behavior. The only difference is the way in which your child would be punished if found guilty of any of these crimes. If your child is arrested, it's important that you know their rights under the criminal law. Here's what you should know:
Police Must Have Probable Cause to Search Your Child:
If a police officer searches your child and finds drugs, for example, it must have been because the officer had probable cause to conduct the search. Probable cause varies from state to state, but could be anything including your child was speeding, drinking alcohol, stealing, or holding a weapon. If the officer had no probable cause, you will want to hire a criminal law attorney who can help fight the case.
Your Child Can Cross-Examine Witnesses:
If there were any witnesses in your child's case that can prove his or her innocence, then your child has a right to cross-examine them even though children don't go through a trial in juvenile court. The benefit of this is that a witness can cause reasonable doubt in the eyes of the judge. If this is the case, your child will not be charged for the crime until all evidence is processed. In the meantime, your child can be held in detention or they will be placed on house arrest.
Parents Must be Notified to Question Child:
Your child cannot be questioned in his or her involvement in a crime without the parent or guardian's permission. This is important to take note of because if the child is questioned before permission is given, then anything your child says could have been coerced out of them. Your child's criminal law attorney will be able to fight this to help revoke some of the statements your child may have made at the time of questioning.
Children Under 10 Cannot be Taken to Court:
Any crime that a child under the age of 10 has committed cannot be taken to court. Instead, the child will be released to the parents. If your child is under 10 and the situation is not handled in this way, a criminal law attorney can help you sue the police department or officer who dealt with the case unlawfully.
When you know your child's rights under criminal law, you can be sure that you know what needs to be done to fight your child's case.
For a criminal law attorney, contact a lawyer such as Novak Lee Atty At Law.
Share11 July 2016
Over the years, I have learned several lessons the most difficult ways possible. One lesson that I have learned is to never try to handle legal issues without legal representation working with you. I have faced fines and penalties that could have been greatly reduced had I hired an attorney to represent me in court. This blog will show you several ways you could benefit from paying for the legal fees associated with hiring an attorney anytime a legal issue may arise. You will also find examples of how things can go terribly wrong if you don't hire an attorney.
