What is the name of your state (only U.S. law)? Montana
16 y/o was cited for a misdemeanor.
Went to Juvenile Probation (which is how the system is in Montana), and "DENIED" the charge (had a choice of "Admit" or "Deny"). 16 y/o claims innocence and wants the matter adjudicated.
When he "denied" to Juvenile Probation, it was sent to the Co. Atty Office. (Co. Atty handles juvenile cases regardless of whether the citation charge stemmed from the city police). Co. Atty Office has so "generously" advised that they aren't going to adjudicate the issue, instead they plan to "hold open" the case for "in the future". I have suspicions as to why the Co. Atty does not want to take this to court, and it is not to do me (or my minor child) any favors.
The "case" at this point is 2 months old.
Does this violate his 6th Amendment rights?
Or am I wrong?
(I do NOT mind being wrong!)
The charge is in regards to MCA 45-8-213. Privacy in communications.
This happened at school.
Per the school a student (not my son) logged into their Facebook account on a school computer, and then did not log out. There were some thinly veiled threats to the school posted on this student's facebook. That student denied posting the threats. The school claims to have investigated thoroughly. The school accused (and punished at school/for violating school policy) my son of being the one to post the threats. The school requested that the school resource officer cite my son. The officer did (obviously) but the officer did no investigation, relying solely on the school's investigation.
My son denies that he was involved.
I know that teenager do really stupid things sometimes. I know that teenagers will lie to protect their ass(ets). My child is no different in doing stupid things, but none have ever rose to this level of stupidity. And while my son has, I'm sure, lied to other people, he has not lied to me. He's tried but always failed miserably! Thus, I am choosing to believe my son.
16 y/o was cited for a misdemeanor.
Went to Juvenile Probation (which is how the system is in Montana), and "DENIED" the charge (had a choice of "Admit" or "Deny"). 16 y/o claims innocence and wants the matter adjudicated.
When he "denied" to Juvenile Probation, it was sent to the Co. Atty Office. (Co. Atty handles juvenile cases regardless of whether the citation charge stemmed from the city police). Co. Atty Office has so "generously" advised that they aren't going to adjudicate the issue, instead they plan to "hold open" the case for "in the future". I have suspicions as to why the Co. Atty does not want to take this to court, and it is not to do me (or my minor child) any favors.
The "case" at this point is 2 months old.
Does this violate his 6th Amendment rights?
Or am I wrong?
(I do NOT mind being wrong!)
The charge is in regards to MCA 45-8-213. Privacy in communications.
This happened at school.
Per the school a student (not my son) logged into their Facebook account on a school computer, and then did not log out. There were some thinly veiled threats to the school posted on this student's facebook. That student denied posting the threats. The school claims to have investigated thoroughly. The school accused (and punished at school/for violating school policy) my son of being the one to post the threats. The school requested that the school resource officer cite my son. The officer did (obviously) but the officer did no investigation, relying solely on the school's investigation.
My son denies that he was involved.
I know that teenager do really stupid things sometimes. I know that teenagers will lie to protect their ass(ets). My child is no different in doing stupid things, but none have ever rose to this level of stupidity. And while my son has, I'm sure, lied to other people, he has not lied to me. He's tried but always failed miserably! Thus, I am choosing to believe my son.