What can I do if my child has been arrested? If your child has been arrested, you can be emotionally present and support them through an undoubtedly scary experience, but the most critical action is ensuring your child has an attorney.
Parents don’t have a right to be present when their child is questioned, so ensuring they have a Seattle juvenile defense lawyer ensures someone protects their interests as aggressively as you would.
Do’s and Don’ts to Remember if Your Child has Been Arrested
Whether you were present when police arrested your child or you were notified later, it can be a terrifying and volatile situation. You may want to rush in to protect your child or find a solution, but in most cases, an attorney will likely advise against that.
Here are a few Do’s and Don’ts of what to do if your child has been arrested.
Don’t Believe that the Police are on Your Side
Police are motivated to close cases, often with an arrest. They are often trained to approach any interaction with you or your child to gather evidence of your child’s guilt and may not be trained in how to interview children.
If you want to try speaking with them on your child’s behalf, it is best to avoid that until you have spoken with an attorney.
Do Make Sure They Exercise their Right to Remain Silent
Remember that any and all communication with your child is likely monitored and recorded. You may want to ask them questions about what happened, or they may want to share those details, but this can have devastating consequences. Encourage them to refrain from discussing what happened with anyone except their attorney.
Do Communicate Effectively
While it is likely in your child’s best interest to avoid engaging with the police in-depth, you should be polite and respectful when speaking with them. This does not mean you have to answer questions, but you should maintain a level tone and avoid making accusations or using derogatory language. Leave it to your child’s attorney to challenge the police.
Don’t Let Your Emotions Get the Better of You
Our children look to us as a litmus test for what is happening. Even when your child is no longer three years old and looking to you to determine if their scraped knee is the end of the world, they will still follow your lead.
By showing them a calm and confident demeanor, you can help reassure them that things are under control and they don’t need to panic more than they already are.
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If Your Child has Been Arrested, It is Important to Know Your Role
You may have limited rights as a parent if your child has been arrested, which can leave you feeling out of control and unsure of what to do. Many parents accidentally hurt their child’s case when speaking with police by disclosing information or unknowingly waiving their child’s rights. Your primary role in this situation is to support your child, secure an attorney, and follow their lead.
You may not be entitled to be present when police question your child. However, RW 13.40.740 mandates that juveniles have access to an attorney before they are able to waive Miranda Rights in most cases. Additionally, they may not waive contact with the attorney.
If Your Child Has Been Arrested, Get an Experienced Juvenile Defense Lawyer in Seattle
One of the most helpful ways to support your child at this stage is by gathering information. At a minimum, your child’s attorney will need to know where the child is being held. The police may or may not inform you of all the details, but you can often get information on the charges, court dates, and possible outcomes. You can also ask if you can visit your child.
The child’s attorney will likely speak with you about what kind of documentation may be needed. Still, some of what you can expect to need includes educational records, medical or mental health assessments, and evaluations, as well as information for anyone who may serve as a character witness.
Additionally, if your child has a 504 or Individualized Education Plan, this information may help the attorney create a defense. While this information can generally be shared freely with the attorney, it may not be advised to volunteer it to the police or share it without a warrant or approval from your child’s lawyer.
When Your Child has Been Arrested, Do What You Can
So often, our role as parents is simply to stay strong and emotionally regulated. When your child has been arrested, this can become overwhelming and exhausting. Your child will need your unwavering love and support to navigate this process, so it is crucial to focus on taking action for the things you can control.
Show up for your child by keeping detailed records of conversations and meetings with police. These can include summaries of the conversations, the officer’s name, the date, and the time of the conversation. Ensure your child’s attorney has everything they need to prepare for a criminal trial, and be present when your child has hearings or meetings you are allowed to attend.
Finally, you cannot pour from an empty cup. This is a stressful situation, and you may need to find someone you and your child can talk to about the experience. Meeting your needs and controlling what you can will allow more emotional bandwidth to support your child.
When Your Child has Been Arrested, They Need a Lawyer
As parents, we want what is best for our children. This begins by educating them on their rights and empowering them to request an attorney and remain silent. Remember, you should still hire a criminal defense attorney if your child is not guilty. The police will work hard to build a case against them, and their best chance of a favorable outcome is with legal representation.
The Puget Law Group is among the top law firms in Washington state. Our client testimonials will back it up. You can’t turn back time, but what you can do if your child is arrested is contact us to ensure they have a competent and aggressive defense. Even as a juvenile, some criminal charges can follow your child for the rest of their life. Don’t leave your child’s case to chance. Call us today.
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