What is the law governing juvenile interrogations

[Supmom810]

We live in Fl. I was wondering if anyone could tell me the law as far as questioning a 12 yr. old without a parent, or an adult for that matter, present? My son was in a fight after school and now he is being charged with battery. I was running late from work and when I got home, an officer was sitting at my kitchen table after already questioning my son twice, writing up the charges and notice to appear.
Shouldn't the officer waited for a parent or an adult to be present? Aren't they supposed to take statements from all witnesses and not just the ones that are eager (friend of the other child) to give one?
Neither one of the boys were hurt, I think this whole thing is ridiculous and a waste of everyones time, but they are taking it to a level that I need to protect from son from having a criminal record at the age of 12.

 

[Son of Slam]

We live in Fl. I was wondering if anyone could tell me the law as far as questioning a 12 yr. old without a parent, or an adult for that matter, present? My son was in a fight after school and now he is being charged with battery. I was running late from work and when I got home, an officer was sitting at my kitchen table after already questioning my son twice, writing up the charges and notice to appear.
Shouldn't the officer waited for a parent or an adult to be present? Aren't they supposed to take statements from all witnesses and not just the ones that are eager (friend of the other child) to give one?
Neither one of the boys were hurt, I think this whole thing is ridiculous and a waste of everyones time, but they are taking it to a level that I need to protect from son from having a criminal record at the age of 12.

You son, who may not have much respect for other people, was home alone for what reason? You think it is a ridiculous waste of time to teach your son not to harm other students. Perhaps your son should have a criminal record, in case you cannot instill in him a civil attitude.

 

[Supmom810]

was home alone for what reason?

I did not say he was home alone, his 14 yr old (almost 15) brother was with him. Yes both of them are home without a parent for 1 hr a day. Only because they are both mature and responsible for their age!

You think it is a ridiculous waste of time to teach your son not to harm other students.

Please tell me why you would jump to the assumption that my son was the agressor in this fight!!! My son has been provoked, pushed around, called names, threatened, had his homework trashed, etc. by someone who is 3 times the size as him for the past month. Several people will testify to this, my son has walked away from this kid on numerous occasions. Someone can only take so much. Would you allow someone to attack you and not defend yourself? I doubt it. My son is very aware of right from wrong. We have always taught both boys to treat people the way they themselves want to be treated.

Perhaps your son should have a criminal record, in case you cannot instill in him a civil attitude.

For you to automatically jump to the conclusions that you have, perhaps someone needs to instill civil attitude in you. I didn't come here to argue with you, so unless you have an answer to my original question......... Have a wonderful day.

Now for anyone wondering, the charges have been brought against my son by the parents of the other boy. They are probably embarrassed that their son started something and someone much smaller finished it. I do not agree with violence as neither does my son. But like I said, someone can only take so much, for so long. The officer investigating would not take statements from all the other children that were there, he said statements from adults are more concrete, which normally I would agree, but how is the fathers statement, when he wasn't there, more concrete?
If anyone has information to my original question, are the police allowed to question a 12 yr old without their parents or an adult with them? I would much appreciate it.

 

[Son of Slam]

Originally posted by Supmom810
"...both of them are home without a parent for 1 hr a day. Only because they are both mature and responsible for their age!"

***Interesting. Because they are mature, you and your spouse stay away from your home for one hour each day. I thought it was because you were working away from home. Either because more money is worth the time away from parenting or because you married poorly. I could be wrong. Perhaps your husband is deceased.



"Please tell me why you would jump to the assumption that my son was the agressor in this fight!!!"

***Becouse you said, "My son was in a fight after school and now he is being charged with battery." Now you are saying that the boy he fought with is three times his size. I invasion that to be about 6'-6" and 300lbs., if your son is a normal 12 year old. If not then maybe your son is about 1'-3 and 35lbs. Either way I don't believe it.




"For you to automatically jump to the conclusions that you have, perhaps someone needs to instill civil attitude in you."

***My conclusions are though out and not jumped to. That is why I am a *Star Member* here.



"I do not agree with violence as neither does my son. But like I said, someone can only take so much, for so long."

***WWJD?



"...my original question, are the police allowed to question a 12 yr. old without their parents or an adult with them? "

***If your son were innocent it would not matter. Would it?



"I didn't come here to argue with you, so unless you have an answer to my original question......... Have a wonderful day."

***The answer is, anything that your son told the officer, at that time, is not admissible evidence in a court of law.

Now I will go do the right thing and have a wonderful day.

 

[Supmom810]

***Interesting. Because they are mature, you and your spouse stay away from your home for one hour each day. I thought it was because you were working away from home.

You are partially correct. I do work an hour away from our home, and they are only allowed here till I get home without supervision because they are mature enough to do such.

Either because more money is worth the time away from parenting or because you married poorly.

I did marry poorly and that is why I am divorced from their father and have to work full time to put a roof over their head

.

***Becouse you said, "My son was in a fight after school and now he is being charged with battery." Now you are saying that the boy he fought with is three times his size. I invasion that to be about 6'-6" and 300lbs., if your son is a normal 12 year old. If not then maybe your son is about 1'-3 and 35lbs. Either way I don't believe it.

I never said he started it. Yea, maybe he isn't 3 times as big, 300 lbs isn't that far off for the other boy, not to mention he is 2 yrs older. Heighth probably the same as my son, but my son is only 100lbs soaking wet.

***If your son were innocent it would not matter. Would it?

Is my son guilty of defending himself, absolutely. Is my son a perfect angel, not a chance, but show me a 12 yr old that is, did my son start this, NO he did not and should not be the only one facing charges.

***The answer is, anything that your son told the officer, at that time, is not admissible evidence in a court of law.

Thank you, that is what I thought, but was not 100% certain. This may be the only way I can get the charges dropped against my son. Hope you are enjoying your day.

 

[Cantthinkofone]

So her 12 yr old son got into a fight. Big deal. Thats not that unusual for grade school kids, especially at the age. Just answer her question and stop trying to pick a fight with her which, strangely enough, is the exact thing you are condeming her son for.

 

[Supmom810]

Thanks Cantthinkofone!! I jumped on his replys just like a lioness protecting her cub would on an intruder, but I too have determined he can't cause any harm, so shall move on.
Have a Happy Thanksgiving.

 

[v_day_baby]

Supmom;
If the police officer actually "interrogated" your son, he/she is required to read your son his Miranda Rights, and your son must waive them legally (legal waiver can be argued since your son is under 15 but anyway)...however, if the officer was simply taking your son's statement, it is legal for him/her to interview your son without your presence for a "reasonable amount of time" as long as it is not in a threatening manner.