QUESTION

What are my daughters rights if caught shoplifting?

Asked on Oct 03rd, 2013 on Criminal Law - Georgia
More details to this question:
My 16 year old was arrested for shoplifting the amount of $46, handcuffed, booked and fingerprinted without me being there. She was also questioned by police in private. No attorney or parent in the room. What are her rights?
Report Abuse

6 ANSWERS

Michael J. Breczinski
If she was handcuffed and not read her rights then anything she said can be suppressed. You should get a lawyer to help so this stays off her record or she may find it hard to get a job in the future.
Answered on Oct 07th, 2013 at 5:35 AM

Report Abuse
Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
Update Your Profile
She can be arrested and question without a parent being there. If she was questioned by the police while in their custody without the benefit of being given Miranda warnings, any statements that she made may be suppressed. Have an experienced criminal attorney in the area carefully review the case.
Answered on Oct 03rd, 2013 at 3:23 PM

Report Abuse
Thomas Edward Gates
She was treated appropriately. She can expect to be sentenced to attend a consumer awareness class, do community service, pay a fine, pay restitution, stay away from the store, and be on probation for one year.
Answered on Oct 03rd, 2013 at 2:19 PM

Report Abuse
James Edward Smith
Same as an adult.
Answered on Oct 03rd, 2013 at 1:39 PM

Report Abuse
Personal Injury Attorney serving Jersey City, NJ at Law Offices of Anthony Carbone, P.C.
Update Your Profile
Your daughter committed an offense. The police took the appropriate steps. If your of the opinion that your daughter's case can be dismissed because you were not present, then your wrong.
Answered on Oct 03rd, 2013 at 12:30 PM

Report Abuse
Your child has no rights to a parent's presence before questioning. The police can arrest a child without informing the parent. However, the probation office or prosecuting attorney must immediately notify the parent. (Welfare and Institutions Code section 630) Children have the right to remain silent. Many people, both children and adults, are convicted because of what they say to police. Law officers can, and do, lie when questioning suspects. There is no right to bail in a juvenile hearing. Even if a parent wants to post bail for his or her child, the law does not permit it. A child may be released into your custody. The decision is up to the police and the probation officer, with the presiding judge having the final say. Any child under 18 years old must be housed in juvenile hall and not housed with adults. (Welfare and Institutions Code section 207.1) A child has the right to an attorney. Furthermore, it is up to the child's parents to select which lawyer to use. Unless a child is tried for certain serious felonies as an adult, he or she has no right to a jury trial. Only a judge may force a parent to answer questions about a child. When in doubt, request to speak with your attorney. Generally, the court clerk or the probation officer must notify the parents of all court hearings. The parent should contact the child's attorney or juvenile court and the probation office and to make sure they have your address and phone number. Parents have a duty to ask the court to seal their children's records so they will not be made public and follow them for the rest of their lives. Minors arrested and charged with crimes have the right to have that information kept from the public and the media. Except in exceptional incidents where a minor is tried as an adult, all records relating to a child's contacts with police, probation reports, and all informal juvenile matters are confidential.
Answered on Oct 03rd, 2013 at 11:02 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters