Your Rights as a Parent When Your Child is Facing Criminal Charges

 Posted on March 14, 2016 in Juvenile Law

If your child is under the age of 18, then you, as a parent, have certain rights when your child is involved with the criminal justice system. The better you understand your rights and your child’s rights, the better you will be able to help him or her after he or she has been arrested or charged with a crime.

Parent’s Rights After an Arrest

If your child has been arrested, he or she has all of the same state and federal rights as anyone else. Moreover, as a parent of an arrestee under the age of 18 in Illinois, you also have rights.

First, you have a right to know why your child was detained. The police should not tell you that the information is confidential and that you will have to wait for your child to be released, or that your child must tell you. Law enforcement is required to inform you as to why your child was arrested.

Next, you have the right to be present when your child is questioned. You can and should be in the room when the police are questioning your child. You do not, however, have the right to interfere with an investigation. 

Most importantly, you have a right to have an attorney present with your child during questioning. Your child has an independent Constitutional right to have an attorney. In Illinois, you as the parent can insist that your child has an attorney present for questioning, even if your child is not interested in exercising this right.

Steps You Should Take Right Away

Often times, the most damaging evidence in a criminal investigation comes after an arrest. If your child is arrested, the first step you should take is to inform the police that you want to be present and that you want your child to have a lawyer present before he or she is questioned. Next, you need to find a juvenile criminal defense lawyer to represent your child.

Additionally, you should go down to the police station as soon as possible. You will want to find out why your child is being held and to see if your child can be released to your custody. Whether or not the police will release your child to you will depend on the circumstances of the individual case. However, it is usually beneficial to get your child out of police custody as soon as you can.

Speak with a Skilled Illinois Juvenile Criminal Defense Attorney

If your child has been arrested, then you need to speak with a skilled Wheaton juvenile criminal defense lawyer right away. Do not talk to anyone about your child’s case until you speak to a lawyer. Call Davi Law Group, LLC today to schedule a consultation at 630-580-6373.

Source:

http://ilga.gov/legislation/ilcs/ilcs4.asp?DocName=070504050HArt.+I&ActID=1863&ChapterID=50&SeqStart=100000&SeqEnd=2300000