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juvy law

Discussion in 'Juvenile Crime, Law & Court' started by kiana, Nov 3, 2007.

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  1. kiana

    kiana Law Topic Starter New Member

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    Local law enforcement showed up Monday night to tell me that my 16 year old son was caught smashing pumpkins. We were told to keep him in the rest of the night, which we did. Thursday night, he was pulled over and told he was soppose to at home and was not allowed out of the house until Nov. 5th. The police officers are now telling me that they put him under "house arrest" until the 5th of Nov. Do they have any authority to do this without it going thru the court or at least talking to me first? (There were no charges filed) I feel that this is just a cop on a power trip telling me how to punish my child.
     
  2. seniorjudge

    seniorjudge Super Moderator

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    Without any further facts, it sounds like the cops told you to keep the kid in the house till the fifth since he is causing trouble.

    Do what you want.

    If the kid gets in trouble again, hire a lawyer.

    Have about $30K set aside for lawyer fees; you'll need it.
     
  3. CdwJava

    CdwJava Moderator

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    Laws vary by state. There are circumstances even in my state where a juvenile released O/R from custody has to adhere to certain conditions. Obviously, we have no way to know whether these conditions existed here, but how much money do you want to spend trying to fight the matter.

    If my kid had been caught by the cops committing vandalism, he would not be out of the house until WELL PAST Nov. 5th anyway ... not to mention his car would probably be under lock and key.

    - Carl
     
  4. Green_Hornet

    Green_Hornet New Member

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    What I think you have to understand first the police are cutting you both a break. No they can not keep him under house arrest they are expecting you to do it. If you refuse the police can arrest him for the pumpkin incidents throw him in jail. You will have to bail him out and go through the court process. You have to ask yourself which is worse.

    If it were me I would keep him in until November 12th for the simple fact he drew the attention of the police.
     
  5. Nonna68

    Nonna68 New Member

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    No , the police do not have the right to place anyone under house arrest... juvenile or adult, only the courts can do that. The police can only detain, arrest, sign a complaint and in municiple cases charge a person (anything outside of municiple they can only sign a complaint, then it's up to the prosecuter to decide if formal charges will be filed) But the police are NOT able to hand out punishments no matter what the offense is !
    And 30K for a lawyer ? are you kidding .... for smashing pumpkins? A burglary charge only costs 2k for a juvenile case.
     
  6. Nonna68

    Nonna68 New Member

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    PS... no one is going to arrest a kid and throw him in jail for smashing a pumpkin , even though I do agree that he should be punished by his parents and depending on the damages caused by what he did, have to pay restitution ...or community service . There would be no bail, he would be released to into the custody of his parents. And you are wrong "green hornet" .. she absolutly can refuse to keep her son in the house, and the police can not arrest the kid for that. The police do NOT HAVE THE RIGHT to punish or sentance ANYONE ! And they certainly do not have the right to tell or make anyone ground their children. Maybe in some parts of the world the police have that authority , but not in the U.S.A.
     

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