What To Do If Your Child Has Been Arrested

If you have recently heard the news that your child has been arrested, then it’s easy to spin into a panic and get into “action mode” before you’re really ready. Whether they’re in need of legal protection after an incident on the road or have been accused of a crime, it’s important to ensure that you are taking the right steps to help them address it. Here, we’re going to look at how you can handle the situation calmly and strategically, improving the potential outcome of your child’s case for the better.

Child has Been Arrested – Stay Cool And Calm

Hearing the news that your child has been arrested is going to be a shock for the vast majority of people. You might experience anger, confusion, and panic, but it’s important not to act on these emotions. Losing your temper and acting impulsively can escalate the situation, cutting off your options later. Avoid letting your emotions cloud your judgment. This includes ensuring that you are polite and respectful to those you deal with within the legal system. Even if you think your child’s arrest is unjust and unconstitutional, and that the police are being openly antagonistic, hostility and aggression are not going to help you. Maintain your courtesy and if you have any complaints, let them play out in the process of the case with the help of a lawyer.

Don’t Make Assumptions

There are a few key assumptions that can lead to some uncomfortable moments when your child has been arrested. Every parent is naturally going to want to believe in their child’s innocence, but if you automatically assume that they have been falsely accused, especially in how you deal with the case, it can lead to some major mistakes. Another assumption you should avoid making is the assumption that the police are there to help. They may even say, verbally, that they want to do what they can to help, but they are not on your side. Their job is to investigate and gather evidence, and often they have the goal of finding a culprit, many police are not above using tactics that put your child at a disadvantage. For that reason, keep your attitude toward the police neutral at best, and make informed decisions based on facts, not any preconceived notions.

Get The Information You Need

When you get the news of your child’s arrest, if you’re not with them when it happens, you should gather what information you can. It’s important to your child’s right to due process that the police provide a reason for why they stopped and arrested your child, what charges are against them, and where they are being detained. With this information, you can ensure that your child’s legal representation can jump into action as soon as possible, and you can also arrange visitation for them. If you understand the charges and circumstances around the arrest, it can also help you build realistic expectations going forward. For instance, serious offenses may involve your child being detained in a juvenile facility while awaiting trial. Source – CC0 License

Child has Been Arrested Get A Lawyer ASAP

There is no situation in which a family member of yours is arrested where they should not have some form of legal representation. The sooner you are able to secure it, the better. It’s best to find a lawyer with experience in juvenile law who can begin to offer guidance and protect your child’s rights as soon as possible. If you cannot afford an attorney, then you should request a public defender, instead.

Should You Be Present For Their Interview?

In the vast majority of cases, a parent or guardian is allowed to be present with a juvenile during a police interview. Children can very easily be intimidated during these interviews, putting them at a disadvantage, and your presence can help you be sure that they are being treated fairly and that their rights are being upheld. That said, if you are present, your role isn’t to answer questions on your child’s behalf or to intervene directly. Doing so could get you removed from the interview. Instead, it’s so that you’re there to support them. However, if you can have a lawyer there, that is always preferable.

Don’t Tell Them To “Tell The Truth”

As mentioned, above, the assumption that your child is innocent, or that the police are on their side, can lead to serious missteps. One of the biggest of all is assuming that honesty is the best policy. After an arrest, any answers provided to the police can and will be used against them towards a conviction. Even if your child is innocent, their statements can be misinterpreted, taken out of context, or used against them. Furthermore, adults regularly make mistakes when recounting events, and it’s very possible your child will, as well. This ties into our next point. Source – CC0 License

Advise Them To Remain Silent

There has been a lot of back-and-forth chatter over when you should and shouldn’t talk to the police. It is true that a full blanket silence approach, such as when first addressed by them before arrest, can lead them to treat you with suspicion. However, after your child has been arrested, the right to remain silent is one of the best legal protections they can make use of. At the point of arrest, they are being treated as a suspect and should not volunteer any answers without the presence of a lawyer. If you’re able to contact your child, advise them to politely but insistently decline to answer questions without their lawyer present.

Prioritize Getting Them Released

Once your child is in the care of a lawyer who is able to advise them effectively, you should start looking into ways to get them released. If your child has a lack of criminal history, a low flight risk, and you can demonstrate strong community ties, then you can appeal to the court to have them released. You might have to post bail or advocate for your child directly. With your lawyer’s help, you may also be able to promote the options of home monitoring or counseling instead of detention.

Protecting Their Rights In Juvenile Detention

If your child is remaining in detention, it is vital to protect their rights for the duration of their stay. Keep in touch with them regularly, let them know of their rights, and keep an eye out for signs of mistreatment or abuse. If you see any, you might want to get in touch with some additional legal representation, such as a compassionate attorney for youth detention sexual abuse cases. It’s important to keep in mind that juvenile detention facilities are supposed to be there for the rehabilitation and support of your child, not their punishment and harm. As such, they should be held to the highest levels of accountability for any harm done. Source – CC0 License

Child has Been Arrested – Attend All Of Their Hearings

Support from loved ones is critical to a child’s emotional and mental health when they are in the juvenile justice system. To that end, you need to ensure that you’re present for all of their court hearings. Not only does it show your child that you care, but it’s a demonstration to the courts that they have a strong support system, which could even influence their outcomes, such as sentencing or probation terms.

Get Character References For Them

As mentioned, showing your child’s ties to the community can play a valuable role in the outcome of their case. It can help them get out on release while awaiting their trial or help with their sentencing or probation if found guilty. Reach out to family members, friends, teachers, coaches, and other community members. In some cases, even a probation officer may be willing to provide a statement in support of your child, their good character, responsibility, and contributions to the communities they are in.

Avoid Talking About The Case

This is a relatively easy mistake to make. You might think that talking to others about your child’s case could help you get some perspective, or you may feel a need to ensure that the wrong narrative isn’t spreading about your family. However, talking openly about the case is almost always a mistake. You don’t know where the information that you offer could end up getting shared, which could end up harming your child’s defense. If you have any questions or need to discuss and seek advice, do it with your child’s lawyer. Talk to your child to make sure that they’re not talking too freely about it, especially if they are in juvenile detention. Even comments made with the best intentions can be misinterpreted or used against you. Discretion is the best course. This is especially true of social media. The tips above will not be able to guarantee any specific outcome for your child after they have been arrested. They can, however, ensure that you don’t make any missteps that could negatively affect their freedoms. Most importantly, they should reinforce how vital getting the right legal support is for every step of your child’s involvement with the legal system.

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