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15 year old arrested without rights read

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sknight

Junior Member
What is the name of your state (only U.S. law)? Illinois
My daughter and I was called to her high school on 12-19-08 for a parent conference with the Dean of Student. I was advised for her safety she could not return. Prior to entering the school a senior and my daughter started a verbal altercation. I immediately made one of the two assistant principles aware there was a problem. He advised me to let the Dean aware during our conference. The senior interrupted our meeting and started threatening my daughter. The Dean shut her door and called security to remove the student from the floor. When my daughter and I left the building, the student was outside waiting for us and attacked my daughter. My daughter was no angel. She pulled a pocket knife out and threatened the senior with it. The senior struggled with my daughter and took the knife from her. In doing so she cut her finger. While I attempted several times to break this up, I ended up calling the police. The schools security and administration came out and pulled us all inside. The police arrested the senior. The police asked to drive my daughter and myself to the police station to sign a complaint against the senior. When we arrived at the police station, the police detained my daughter in a holding cell. The police NEVER read her her rights. When the youth officer came, he denied for me to be present when he questioned her. So two questions: How can I hold the school accountable for this altercation? How can I convince the judge to drop the charges and remove from my daughters record? My daughter is in all honors classes including an Advanced senior class getting all A's and B's. We have to appear in court 1-09-09 and I can not afford an attorny.
 


justalayman

Senior Member
=sknight;2138748] The police NEVER read her her rights.
they don't have to. If the prosecutor wants to use the info she gave up during an interrogation, they would need to read her her rights. Other than that, no need.

When the youth officer came, he denied for me to be present when he questioned her.
and the problem with that would be?

How can I hold the school accountable for this altercation?
How are they responsible? I don;t see it.

How can I convince the judge to drop the charges and remove from my daughters record?
You haven't even said what she is being charged with. If it is a weapons charge, it is quite appropriate.

My daughter is in all honors classes including an Advanced senior class getting all A's and B's.
Well, even smart kids do dumb things sometimes.

We have to appear in court 1-09-09
then I would suggest being there.

and I can not afford an attorny.
then your daughter and/or you will have to apply for a public defender.
 

Ohiogal

Queen Bee
Actually it is now part of a trio of posts in this section asking the same questions. Apparently he thinks he is going to annoy us into different answers. :rolleyes:
 

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