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Question

I live in Susanville, Ca, Lassen County. Yesterday my grandson was arrested at his grammer school for vandilizing the school over the weekend. He is a special education student. His mother was called by the probation officer and said that they took him into custody. She was only allowed one approx 2 minute telephone call with him. No one will return out calls to clarify why he is being held (charges or court dates). He is 12 years old and as parents is it legal to take in a 12 year old and interigate him and hold him without any parent or representation contact.

Submitted: 271 days and 13 hours ago.
Category: Criminal Law
Value: $30
Status: CLOSED
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Susanville, California

Already Tried:
At this point we have tried to contact the Probation Office but they have not returned any telephone request. It has been 24 hours and we have not been given any information and only a approx 2 minute call with my grandson.

Accepted Answer

Thanks for the chance to assist and sorry for your dilemma

Yes, it is legal for law enforcement to arrest a child. However, the 5th Amendment rights under our Constitution will also apply to children...so if he was interrogated and provided a "confession" it is quite possible this could be excluded in any proceeding against him if he gave this unknowing or not understanding the warnings. His special needs certainly could be a factor in this analysis


The police can hold without parental consent, but if this is over vandalism, it seems fishy that the police will not allow parents to contact. They may want to have a talk with the police chief or, better yet, talk with a lawyer that can represent the child and demand access.



Please let me know if you have more questions and I will do my best to assist, otherwise, please accept so I may get credit for my work.

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Expert: psimmons
Pos. Feedback: 99.5 %
Accepts: 
Answered: 2/24/2009

Lawyer

Retired Marine Corps Lawyer, Experience in Prosecuting / Defending Criminal Cases

271 days and 13 hours ago.

Reply

This does seem fishy, but the local law enforcement seem to respond this way in Susanville. We have told him to tell the truth so I am sure that he did not expect to be arrested if he told the truth and I am sure they did not tell him this. The only thing the Probation Office (when she called) said that he would be charged with two felonies. Breaking and entering and vandalisim (vacant school building). The Principal said that the kids found an open door. Would this be considered breaking and entering? Also is there a time frame that they need to meet to charge him and to notify the parents.

Posted by psimmons 271 days and 12 hours ago.

Answer

Thanks

In CA, the juvenile system is similar but also different from the adult criminal system

While the California adult correctional system was established with the goal of punishment, the juvenile justice system has a different goal: treatment and rehabilitation of juvenile offenders. Because of this, the state's juvenile justice system has a broad array of methods and programs for addressing juvenile crime, taking into account the severity of the offense and the background of the offender. These include fines, treatment programs, detention, incarceration, and community supervision. Generally, the system provides for escalating responses to offenses of increasing severity, such as informal probation, formal probation, detention, and incarceration. Additionally, because the system has a goal of rehabilitation, many more agencies have a role to play in California's Juvenile Justice System than in the adult system, including schools, social service agencies, and community-based organizations.


Unless he is tried as an adult (which I HIGHLY DOUBT will happen in this case), he will remain in the system and will not have a "conviction" as a result...that is it will not be on his adult record


Under the law, breaking and entering requires some force...so if the door was open (not closed and unlocked) it would not be breaking and entering but trespassing.

The timeframe for charges is the statute of limitations, in ca it 3 years for felony and 2 for misdemeanors.







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