Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

my son(16yrs old) was questioned without us being there, is

Customer Question
this legal? Also charged...
my son(16yrs old) was questioned without us being there, is this legal? Also charged with section H&S 11353.5 giving drugs to another 16yr old, is this right?
Submitted: 8 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 30 minutes by:
6/1/2009
Criminal Lawyer: Samuel II, Attorney at Law replied 8 years ago
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,011
Experience: Handle criminal matters in both state and federal courts.
Verified

hi

 

the US Supreme Court has ruled that juveniles have the same right as adults - and that they should be told they have the right to have a parent or guardian present so that the juvenile can discuss whether they want the aid of legal counsel present during questioning. the parent cannot make the decision on the presence of legal counsel, but a juvenile can discuss the matter with the parent - however, this only applies after a juvenile has been arrested -

 

so, if your son was not arrested, then they would not apply. many children do not know they are not under obligation to speak to anyone about anything they have been accused of - and so the kid will talk. and if they do talk then that infomation can lead to an arrest, at which time they should be advised their rights and also that they can confer with a parent about those rights.

 

here is the law for which you site he was charged - if your son is 16, then this does not seem to be the appropriate charge because it states "18 or older" and that "Application of this section shall be limited to persons at least five years older than the minor to whom he or she prepares for sale, sells, or gives away a controlled substance."

 

11353.5. Except as authorized by law, any person 18 years of age or
older who unlawfully prepares for sale upon school grounds or a
public playground, a child day care facility, a church, or a
synagogue, or sells or gives away a controlled substance, other than
a controlled substance described in Section 11353 or 11380, to a
minor upon the grounds of, or within, any school, child day care
facility, public playground, church, or synagogue providing
instruction in preschool, kindergarten, or any of grades 1 to 12,
inclusive, or providing child care services, during hours in which
those facilities are open for classes, school-related programs, or
child care, or at any time when minors are using the facility where
the offense occurs, or upon the grounds of a public playground during
the hours in which school-related programs for minors are being
conducted, or at any time when minors are using the facility where
the offense occurs, shall be punished by imprisonment in the state
prison for five, seven, or nine years. Application of this section
shall be limited to persons at least five years older than the minor
to whom he or she prepares for sale, sells, or gives away a
controlled substance.

 

 

 

 

Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,011
Experience: Handle criminal matters in both state and federal courts.
Verified
Samuel II and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask Samuel II Your Own Question
Samuel II
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,011
27,011 Satisfied Customers
Experience: Handle criminal matters in both state and federal courts.

Samuel II is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
Is it grounds for dismissal in court for a state trooper not
is it grounds for dismissal in court for a state trooper not certified on a datamaster for dui … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,966 satisfied customers
In requesting the appellate court for reconsideration I
In requesting the appellate court for reconsideration I guess that I have to provide the court with three motions— 1) to request a recall of the mandate or perhaps an appeal of the mandate2). Motion f… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,714 satisfied customers
The 2255 motion has been denied by the District court. The
The 2255 motion has been denied by the District court. The certificate of appeallability was also denied. Due to circumstances beyond my control - I submitted a bare bones Motion to the appeal late co… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,714 satisfied customers
My son has a third-degree juvenile felony adjudication in
My son has a third-degree juvenile felony adjudication in Texas, dating back to 2013. He is 20 now. Can he purchase a long gun? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Is it better to do the Juveenilk3 court diversion program or
Is it better to do the Juveenilk3 court diversion program or take chances at juvenile court? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I live in WV. I just came from juvenile court for truancy
I live in WV. I just came from juvenile court for truancy against my 17 year old son. The attendance officer had multiple doctor excuses in hand, and stated some were real and some were fake. The judg… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a juvenile record that shows up on my FBI background
I have a juvenile record that shows up on my FBI background check. I have been denied to try and purchase a handgun but I am an Active Duty Army Soldier, I am confused how this can happen? … read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was received a summons today to appear in court in court
Hello! I was received a summons today to appear in court in court for harrassment. My landlord was supposed to give me back my security deposit , and kept giving me the run around. On the last of many… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
An adult neighbor, threatened my juvenile son (17) this
An adult neighbor, threatened my juvenile son (17) this morning, saying he was going to kill him, along with a whole host of profanity and vulgar language, he called me and I told him to go inside and… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I have a friend that were sentence under the new juvenile
I have a friend that were sentence under the new juvenile law, of Rover Vs Alabama in 2012. The law states that its cruel and unconstitutional for juvenile to have a life sentence. if some was resente… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
Can a county attorney file charges on a juvenile that caused
Can a county attorney file charges on a juvenile that caused minor damage to personal property when the owners of the personal property are not filing charges? Especially when the minor admitted it to… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I need help with CPS, juvenile dependency case. California
I need help with CPS, juvenile dependency case JA: What state are you in? It matters because laws vary by location. Customer: california JA: Has anything been filed or reported? Customer: yes JA: Anyt… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,194 satisfied customers
If a juvenile and an adult get into a physical altercation
If a juvenile and an adult get into a physical altercation and the juvenile causes bodily harm but the adult does not why do they charge the juvenile with battery and the adult with nothing? Aren't th… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Got an indecent behavior w/ a juvenile 25 years ago. New
Got an indecent behavior w/ a juvenile 25 years ago. New neighbor moved in next door after 17 years of no problems and elected herself judge, jury and executioner and began a harassment campaign. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
If a person was registered as a juvenile sex offender in
If a person was registered as a juvenile sex offender in Wisconsin and didn't have to be on the adult site would that change if they were moving to Florida… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
My 15 year old son was sentenced to 385 days in juvenile.
My 15 year old son was sentenced to 385 days in juvenile hall. Can you tell me we're can I get a copy of the transcripts on his case … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Expungement of the record. I have a juvenile simple assault
Expungement of the record. I have a juvenile simple assault when I was 16 years old that I thought was sealed but in NC you are treated as an adult. So i wanted to know what my options were for expung… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,343 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x