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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90990
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My 19 yr. old daughter has been accused of throwing something

Customer Question

My 19 yr. old daughter has been accused of throwing something off our highrise balconey (18th floor)on Good Friday. When the security guard came to our door, we told him it couldn't possibly be someone in our home because I had just brought my daughter home from the hospital the day before. (she had been having seizures and was diagnosed with epilepsy) She was on heavy anti-seizure medications and under my supervision constantly since we had been home.(she was also pregnant)
The security guard(policeman who lives in our comples as well) assured me several times & said no one saw my daughter throw anything, but they did see someone on our balconey fitting her description.
Long story short, around 6-8 police officers armed w/guns and bullet proof vests,showed up at our door 2 weeks later w/a search warrant looking for evidence of items(weights) matching ones supposedly thrown down.My son was home alone. They threatened him w/jail, and also threatened him saying they could put me in jail.
The detective told us that they were able to get "additional information at a later time" from the construction workers below, stating that "they did witness" my daughter throw something. They claimed it was a 2lb. weight. They searched and found a full dumb bell set in my closet, I didn't even remember having. But it was complete with two 2lb and 1.5lb weights on each side. They took it.
After this episode, that night, my daughter began to miscarry and lost the baby.(she was only 6-8weeks pregnant, but it was still extremely traumatizing just the same) I received a message from the detective to call him, which I did immediately. I told him what was going on with my daughter. He asked that she come in and speak with her. He told me he "could arrest her" if he wanted to and put her in jail ,but out of respect for what she was going through, he wouldn't at this time and would wait a week before dealing w/this.
I called an attorney that day. He required a substantial fee upfront, and I explained everything to him just as I have above. He told me that none of us were to speak to any officer/detective from this point forward, and that only he was to communicate with them.
In addition, my daughter is also bi-polar and suffers from extreme depression and manic episodes. With in the next 5-7 days, she seriously tried and threatened suicide several times. Her father and I took her to the hospital where they admitted her under a 1013 code.(?) After her medications and vitals were stabalized (2-3 days) they transferred her to a medical rehabilitation center with resources for co-morbid diagnosis. (emotional,mental and addictive rehabiltation facility)
The attorney called me to say he had left a message for the attorney, but still had not heard back from him. About 7-10 days later, our attorney called to tell me that he finnally heard back from the detective and told him he would bring my daughter in for questioning. I told him what had happened with my daughter's suicide attemps, and he told me not to worry, that he would speak w/the detective and explain what was going on. The following week, the psychiatrist and medical doctor,therapists, strongly urged us to put our daughter into a long term facility which had more comprehensive resources and monitoring. Our daughter was in a dangerously unstable emotional/mental and physical state and her recovery (her life) depended on it. They helped to arrange this.
I called our attorney to update him on our daughter's well-being and what the doctors urged us to do. Our attorney said he would speak w/the detective.
When he spoke w/the detective, it did not go well. Apparently, and this is my interpretation of how the conversation between our attorney and detective was conveyed to me; was that it appears this made the detective angry and that he thinks we have contrived this situation to "avoid" legal action. That the detective has issued an arrest warrant for aggrivated assault and refused to resend it or postpone bringing her in until she is stable. He wants to put her in jail. (this is how I understand it)
We can't jerk my daughter out of the hospital/rehabilitation center at this moment! Our daughter is extremely fragile/unstable, a danger to herself. They are just now still trying to diagnose and treat her with the proper combiantion of medications.
The attorney told us he understood why we didn't want to disrupt her hospitalization, but that the detective could arrest her father or me for protecting her (not telling them where she was).
Thankfully, we have kept this all very private, and no one, even I , know where the facility is located. Her father took her, but he said he's rather go to jail, then have our daughter go through this process, imprisoned, etc. knowing it could literallykill her.
What should we do? We weren't trying to deceive anyone. Is our attorney handling this the right way? Should I call the detective myself? Please help.
A Distraught Mom-
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I am sorry to hear everything that your daughter and family is going through. Your attorney is handling this exactly correctly and you should have zero contact with anyone from the police department or the district attorney's office. Your attorney's job is to communicate with the police and the DA and not your job, nor can you really legally represent your daughter in a legal matter. In fact, if it comes down to it, you are actually a witness that she was inside and did not do this.

The police cannot arrest her out of the treatment facility and will not arrest her there. So, for the time being she is safe. What your attorney will eventually end up doing is getting your consent for her records from the treatment facility so he can use them with the DA to show the DA that your daughter either did not do this or was suffering from a mental defect at the time and in either case should not be held liable. It is not the police officer's job to make the ultimate decision on charging your daughter, the DA has the final say and eventually this will be your attorney's next step once your daughter gets diagnosed and further along in treatment.

While this whole ordeal is upsetting, you have engaged this attorney and from what you are saying he is acting exactly the way he is supposed to act to protect your daughter's interest.

Furthermore, if your daughter is diagnosed and based on everything that was going on with her at the time of this alleged incident, most every DA would stay as far away from prosecuting this case because they know her attorney will raise all of the medical and mental health issues in trial and that this will cost the DA a conviction in 95% of the cases like this, so they usually end up dismissing them and not pursuing charges.



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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90990
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 9 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thank you Paul. I feel much better hearing another professional's opinion. I really appreciate the time you took to explain everything as well as you did.



Best Regards,


Kimberly


XXXXX@XXXXXX.XXX


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you very much. I wish you and your daughter the best and I am sure that your attorney will get this properly resolved in time. Just understand that these issues can take time because the legal process does not always move along as fast as we would all like it to move.

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