Public Lewdness of an 11 year old?

[1upsetdad]

What is the name of your state? TEXAS

We received a call from my son's school today notifying us that he had been involved in an inappropriate act in the restroom with two other boys. The school interviewed all three boys then made the decision to contact the police. The police then interviewed all three boys and the DA decided to press charges for Public Lewdness, a Class A misdemeanor in TX. On another note, we were not notified that any of the interviews were taking place so our son answered all of these questions without us even knowing about it.

My son has a tendency to let others manipulate him, as has been observed by us and several of his past teachers. Apparently, one of his "friends" decided to talk him into allow them to perform oral sex on him in the bathroom. Even though the teacher who found them did not actually see my son doing anything inappropriate, he reported him nonetheless. Once questioned along with the other three, the interviewers dredged even more details out, including that this supposedly happened other times as well, some when the boys spent the night with each other. The boy who I know has a tendency to manipulate my son (firsthand observation), was the instigator and the one who performed the oral sex on him. He has a history of going to homosexual pornographic websites, according to my son and the other boy involved, and often tries to get his friends to look at them, which my son shared with me a few weeks ago. Since then, we have not allowed him to have contact with this boy outside of school, but obviously can't control what goes on at school.

I have several questions:

1. Why weren't his mother or I allowed to be in on these interviews? The school district has a Student Code of Conduct, which states that "There is no legal right on the part of a parent to be notified or present when students are in conversation with or being questioned by school officials concerning school-related behaviors or concerns." It also states though that if outside authorities are involved, "The principal ordinarily shall make reasonable efforts to notify the student's parents or other person having lawful control of the student." By the way, I don't even know if they read my child his "Miranda Rights" or if they even needed to, before taking him to the police station for "booking."
2. What does it mean for an 11 year old to be charged with a Class A misdemeanor?
3. What should we expect regarding a court case?
4. Do we have any right to defense or an appeal?

Any help that could be given would be greatly appreicated! I'm totally at a loss...

1upsetdad!What is the name of your state?

 

[The Occultist]

I can only answer 2 of your questions:

1: You weren't notified because you didn't have to be. The quote you provided already answers your question: they don't have to contact you, and the fact that they didn't means absolutely nothing. Miranda rights only need to be read prior to an interrogation that takes place AFTER arrest. It does not sound as though your son was actually arrested, simply taken in for questioning, so I do not see that Miranda was required.

4: It is your son's constitutional right to have a chance to provide a defense if one does exist. If a guilty sentence is given, then an attempt to appeal is allowed, but the judge will decide if he wants to hear your case or not, and unless there was something inherently wrong with the trial, your son will probably not be granted an appeal.

 

[CdwJava]

1. Why weren't his mother or I allowed to be in on these interviews?

Because the law does not require it. Additionally, while the school may have a policy encouraging contact with parents in these matters, the police are not obligated to follow school policy.

By the way, I don't even know if they read my child his "Miranda Rights" or if they even needed to, before taking him to the police station for "booking."

Depending on the circumstances, it might have been appropriate to have done so.

The problem with minors is twofold: First, you have a minor that is compelled to be in the office and talk to staff - and, presumably, the police - so Miranda is always a safe bet here, as it can be argued that he was both "in custody" and being interviewed thus invoking Miranda.

Second, the state has to show that the minor understood that his acts were wrong and unlawful. This is generally not TOO difficult, but if not established early on, it can make a successful prosecution difficult.

2. What does it mean for an 11 year old to be charged with a Class A misdemeanor?

§ 12.21. CLASS A MISDEMEANOR. An individual adjudged guilty of a Class A misdemeanor shall be punished by:
(1) a fine not to exceed $4,000;
(2) confinement in jail for a term not to exceed one year; or
(3) both such fine and confinement.

3. What should we expect regarding a court case?

A juvenile court trial. So, consult legal counsel ASAP. Even if the DA chooses not to file, it would be better to be safe than sorry.

4. Do we have any right to defense or an appeal?

Defense, yes. An appeal would only happen if he is found responsible (convicted, or a "true finding" as used out here) and there are grounds to appeal on.

- Carl

 

[Bretagne]

Originally posted by The Occultist1: You weren't notified because you didn't have to be. The quote you provided already answers your question: they don't have to contact you, and the fact that they didn't means absolutely nothing. Miranda rights only need to be read prior to an interrogation that takes place AFTER arrest. It does not sound as though your son was actually arrested, simply taken in for questioning, so I do not see that Miranda was required.

This statement is not accurate. Miranda applies before arrest, at the time which your son was in custody, otherwise "not free to leave". At the time he was being questioned by school officials only, there is obviously no Miranda requirement triggered. But as soon as the police showed up to question him, he should have been given Miranda, because he probably didn't feel free to leave. His young age would be a factor in determining that.

However, even if the Miranda violation is enough to argue suppression, the evidence may have been discovered inevitably anyway. Whatever the teacher saw when the kids were busted may be enough for a conviction without your son's statements.

Best to get an attorney here. He's not going to jail--he's a juvenille-- so don't be too concerned about the language in the statute. But, if guilty, he will be under the purview of the juvenile justice system for some time.

If you retain an attorney to represent your son, be aware that your son will be the client, not you. This means that the attorney may not discuss the case in its entirety with you, or may leave you out of discussions. Most private attorneys will facilitate the parents of a juvenile and include the parents in most, if not all, legal decisions and discussions. But if you allow your son to be represented by a public defender, there is a good chance that you will be totally left out of the loop. So better to go with private representation if you want to know what is going on.

Good luck to you and your son.

 

[1upsetdad]

Thanks all for the info. Luckily the school has granted an appeal to prevent him from going to an alternative school. We still haven't heard anything from the county regarding his case. We have spoken to a private juvenille law attorney that is local.

Again, thanks.