Children are the most rewarding yet most challenging to deal with. You can do everything possible to instill essential values and moral standards in your children and give them the right tools to make good decisions, but they could still surprise you with the unexpected. Many parents assume that they have a "good kid." However, this thinking changes when they receive the dreaded phone call informing them that their child is in trouble with the law. However, one arrest or mistake does not make your child a criminal or imply that they will lead a life of crime.

Your child could be a victim of a situation they mistakenly put themselves in, a prank that took a wrong turn, or involvement with the wrong crowd. The way you respond after learning that your child has been arrested will have an impact on their case and their future. Here is what you should do when your child is arrested:

Do Not Be Judgmental

Responding in a judgmental way, acting with an aggressive attitude, or avoiding the issue will not help you or your child. It is understandable to feel angry and frustrated. However, you should remain calm and acquire as much information as possible before reacting. Avoid being angry towards your child, the officers who arrested them, or the people who accused the child of a crime. Do not be quick to assume that your child is wrong or to punish them. Remember that people are often wrongly accused, and your child could be a victim.

You will likely be upset, angry, and concerned. However, you must stay calm to help you deal with the situation as effectively as possible. You need to act promptly and go where your child is being held. However, before you take further action beyond this, you should seek more information about the situation.

Find Out What Is Going On

Head to the station immediately upon receiving a call informing you of your child's arrest. Try to gather as much information as possible and the circumstances surrounding the arrest. Take time to speak to your child face-to-face, but remember that you have limited rights. You will have an opportunity to talk to your child before the interview. However, you do not have a federal right to stay during the interview. Your child has a right to have an attorney present but not necessarily the right to have their parent present. Whether a parent is allowed during the interviewing will depend on the investigating officer's discretion. Most times, the police will allow parents to speak to their children. Some departments will also authorize the parents’ presence during the formal questioning. Even if a juvenile does not have a mom, dad, or guardian present, they have the right to an attorney.

Every state has specific laws and policies that vary among departments. Usually, the police make an arrest, followed by a warrant. The police could also make an arrest guided by a search warrant. Sometimes, the custodial arrest could be followed by a transfer to juvenile detention. After your child's arrest, you will be notified of the child's whereabouts, the charges they face, and the course of action the law enforcement officers intend to take.

After placement into custody, the child will be booked. Booking involves photographing and taking the child’s fingerprints. The police will also interview the minor. This is probably the scariest part of the arrest process because the parent has little to no control of the decision-making on their child’s behalf. If a minor is arrested for being under the influence of alcohol or drugs, they will undergo a medical screening.

Do Not Play Lawyer

Take time to understand your child's story.

Have the police questioned the child, or is he/she under investigation for a crime?

Usually, the police will inform you of the charges your child faces, but sometimes they do not. Having an experienced attorney contact the arresting officer and ask about your child's case is crucial. Resist the temptation to contact the lawyer yourself for the following reasons:

  • Many well-meaning parents end up hurting their children's cases by inadvertently waiving their rights or agreeing to a search of their home.
  • If you think your child has done wrong, you could make them talk to the police and confess, which would hurt their case.
  • Perhaps the police have a weak case against your child. However, when you make the child confess to a crime, they are likely to end up with a criminal record that will significantly impact their lives.

If you try to handle your child's case, you could make the child say something incriminating. You will likely tell your child to explain what happened. Remember that a child can say anything to please you, the police, or end an awful experience. Instead of representing your child, you are better off going through a lawyer, even if you can still be present if the police allow it. Involve a lawyer whether your child is guilty or not.

In addition to handling your child's case, an attorney will also advise you on the next step to take, especially if you are still in shock after the arrest of your son or daughter. Even if your child is guilty of the charges he/she is accused of, an attorney could negotiate for a minimized sentence.

Find A Lawyer

You should contact a juvenile attorney with a proven track record. You could seek referrals from friends and relatives or look up attorney reviews online. The attorney you choose should have ample experience in handling juvenile cases.

The best way to find a juvenile attorney is through referrals from people you trust. These include family members, friends, and non-criminal defense attorneys. These people are a great resource because you ask them about a potential attorney's experience. For example, perhaps you are concerned about your child's privacy, and you are not comfortable with the people close to you knowing that your child is facing charges. In this case, you could seek referrals online from several websites. Always look up to an attorney who has handled juvenile criminal defense matters.

The majority of good lawyers will provide a free initial consultation to discuss your case. A reasonable attorney will handle all the communication with prosecutors, police officers, and opposing parties. An attorney could negotiate a plea bargain and advise you and your child on what to expect.

Even if your child is not guilty of the alleged crime, some consequences could result from the fact the child was arrested. The arrest information will be available in the public domain unless it is sealed. Your attorney will advise you whether your child's record can be sealed and whether the child is eligible for an expungement of the criminal record. All these scenarios are challenging to navigate without a lawyer.

Share Information With An Attorney

You should not hesitate to seek professional legal help if the police intend to charge your child with a crime. Go for an attorney who is an expert in Juvenile law. The lawyer should also be experienced in dealing with teens. Remember that the police are not on your side and do not have the best interests of your child at heart. An attorney will work towards finding an outcome that is in your child's best interest. For example, an attorney could negotiate for counseling or a drug treatment program instead of having your child go to jail for a drug crime.

If you have any information that could help your child's case, you should ensure that you share this information with the attorney as soon as possible. The attorney will argue your child's case best if he/she has ample information regarding the case. For example, if you know some witnesses that could help the case, you should inform the attorney immediately. In addition, if your child has an underlying condition like a mental health problem or a learning disability, you should notify the attorney immediately. The resolution of your child's case will consider all these factors. Therefore, even if you think certain information is irrelevant to the case, you should still share this information with an attorney.

Ensure That Your Child Understands Their Legal Rights

The juvenile court is distinct from the adult court. However, like adult offenders, children also have legal rights under the juvenile justice system. The juvenile's rights are similar to those of the adult court. For example, a child has the right to remain silent to avoid self-incrimination. In addition, your child does not have to talk to the police officer unless the lawyer is present. Perhaps you have already talked with your teen about how to behave if arrested. However, it does not hurt to remind them of their legal rights as you talk to them on the phone or in person. Here is what you should tell the teen:

  • Inform that they can request to have their lawyer present before speaking to the police
  • The child should know that the police often act as if they have more information than they do
  • Everything the child says could and will be used against them. Even a seemingly harmless statement could serve as evidence in the juvenile court.
  • The minor should not talk to the police before speaking to a lawyer

You should be careful when talking to your child, especially in the interrogation room. Any conversation you have with your child in the interrogation room could be recorded and used as evidence. You should only discuss the case if your attorney is present.

Work Towards The Release Of Your Child

Your attorney will advise you on the steps you should take to have your child released from custody. Usually, incarcerated minors do not have a right to bail under the juvenile criminal system. However, if your child is being held in the juvenile hall after an arrest, your attorney could negotiate for the child's release from detention during the initial court hearing.

Being in custody could devastate a child and their state of mind. Your child is already traumatized by facing an arrest. You would not want them to remain in custody because this would add to their trauma.

When your child is out of detention, address the issue by talking through everything with them. It could be difficult and painful, but it is crucial to address the issue head-on to enable you to work a way forward together. How you handle the situation will significantly impact how your child moves on. Try to identify the underlying issues that could have contributed to the criminal behavior that led to the arrest.

For example, start by telling the child that an arrest is a serious situation, and you would like to understand how you got there. Then, if the child finds it hard to open up to you, you could have them talk to someone they are comfortable with, preferably a counselor. Sometimes, sharing your problems and emotions with a stranger is easier than with a parent.

Comfort And Reassure Your Child

It can be challenging to support your child emotionally after an arrest. However, discuss the arrest, including how it makes them feel. You could feel angry and disappointed. You would probably want to express your disappointment. However, allow the child to explain their side of the story. This could help you discover crucial information that will come in handy in fighting the charges against the child. Remind your child that even if you are disappointed, you still love them.

Even if the teen appears calm, they probably feel scared and uncertain. It is crucial to ensure that the teen understands the seriousness of the situation. However, also point out that there is a way through the problem. For example, you can try this:

  • Explain to the child that you will help them turn things around
  • Reassure them that even if they have messed up, they can learn from the experience and move on
  • Explain to them that their actions hurt you, but you still love and value them
  • Tell the child that provided he/she realizes the impact of their actions; it will make them a better person

Gather Documents To Support Your Child’s Case

Once your child is out of jail and you seek legal representation, you can take several additional steps to help your child's case. First, you should track down all documents that indicate your child is a responsible citizen and a good student. For example, you can gather your child's reference letters, report cards, and other relevant documentation. Start by presenting these documents to your child's lawyer, who will present them to the judge. If your child has a mental illness or a learning disability that could affect his behavior, ensure that you provide this evidence to the attorney.

Be Supportive And Work Together

Assume your responsibilities as a parent by understanding that non-custodial sentencing heavily relies on the parents. Therefore, you should support your child to ensure they stick to the program the court assigns them. It could be a schedule of counseling appointments, a drug treatment program, or community service. Ensure active participation in all the programs because if your child fails to adhere to them, they could be remanded in custody.

Sometimes, parents have to attend these programs with their children. This calls for parents to work together with their children. Utilize every chance you get to correct your child’s mistakes before the consequences get out of hand.

Parents should be proactive with their children’s problems. Enroll your child into rehabilitation for drug issues or counseling. If your child faces charges for a crime like vandalism, work with your lawyer to repair any property the child could have damaged. This will help your child not only personally but also legally. The court will see your cooperation since you are already doing what the court would require you to do.

Encourage Your Child To Move On

There is no doubt that you and your child could be going through a lot. However, strive to have your child return to school as soon as possible. Do your best to encourage them to study hard to keep their grades up. These actions could convince the judge that the child has changed. Usually, if the minor is truant for long periods after an arrest, it could hurt their case.

Find An Experienced Los Angeles Criminal Defense Attorney Near Me

If you have just received a devastating phone call about your child’s arrest, you should not despair. Instead, you should contact an experienced criminal attorney who understands juvenile matters. An attorney will guide you on the steps to take, including how to get the juvenile out of detention. The Los Angeles Criminal Attorney has handled juvenile cases for many years, delivering positive outcomes. We encourage you to contact us today for reliable legal representation for you and your child. Call us at 424-333-0943 to speak to one of our attorneys.