12 year old arrested

[beautifuldiz]

well, a violation of law does not show up on a criminal record at all, because it is not a crime. Juvenile records get sealed anyway. I wouldn't worry about it and try to resolve it the best way possible.
I mean, does he have to go to court? OP still hasn't explained what exactly he did.

 

[beautifuldiz]

They claim he just kept calling the cell phone.

If that's all he did, don't worry! It's not a big deal.

 

[CdwJava]

well, a violation of law does not show up on a criminal record at all, because it is not a crime.

What?? First, you don't know what crime has been alleged, so you really have no way to know what offense has been charged. Second, criminal allegations show up on criminal histories all the time. He has been printed and photographed, a criminal offender record has been generated. Whether this is "visible" in the OP's state, I do not know. Because he is a juvenile, I doubt it. But, it can still be seen and viewed by other agencies and, perhaps one day, by prospective employers.

Juvenile records get sealed anyway.

Do you know that this happens automatically in the OP's state? In most states the juvenile has to petition a court to do it after they are 18 and after they have completed whatever sentence has been prescribed.

I wouldn't worry about it and try to resolve it the best way possible.
I mean, does he have to go to court? OP still hasn't explained what exactly he did.

The OP does not likely KNOW what he did - not entirely, anyway. The police and the DA are legally obligated to provide the report and evidence to the defense counsel, not generally to the defendant or his parents. Plus, the parents cannot represent the child in court. If this offense is anything beyond the equivalent of a traffic citation or a status offense (and they would not likely have booked him if it were so minor) then I would agree that no attorney is likely necessary. But, he was booked, a state criminal offender record was generated, and the matter will be permanent if he is not careful.

 

[beautifuldiz]

What?? First, you don't know what crime has been alleged, so you really have no way to know what offense has been charged. Second, criminal allegations show up on criminal histories all the time. He has been printed and photographed, a criminal offender record has been generated. Whether this is "visible" in the OP's state, I do not know. Because he is a juvenile, I doubt it. But, it can still be seen and viewed by other agencies and, perhaps one day, by prospective employers.

Originally Posted by concernparent12 View Post
They claim he just kept calling the cell phone. (If that's all he did, it is just harassment and harassment is not a crime)

Do you know that this happens automatically in the OP's state? In most states the juvenile has to petition a court to do it after they are 18 and after they have completed whatever sentence has been prescribed.

Yes, juvenile records are sealed and if he has to petition it to be sealed he can do that, but if no crime has been committed like in the case of harassment which is all the OP has described so far and which is what the OP has been told by the police), then it is not a criminal matter requiring an attorney.


The OP does not likely KNOW what he did - not entirely, anyway. The police and the DA are legally obligated to provide the report and evidence to the defense counsel, not generally to the defendant or his parents. Plus, the parents cannot represent the child in court. If this offense is anything beyond the equivalent of a traffic citation or a status offense (and they would not likely have booked him if it were so minor) then I would agree that no attorney is likely necessary. But, he was booked, a state criminal offender record was generated, and the matter will be permanent if he is not careful.

They arrest you for harassment, which is a violation, not a crime, so the fact that he's been booked means nothing.

 

[Ohiogal]

They arrest you for harassment, which is a violation, not a crime, so the fact that he's been booked means nothing.

Okay ditz, please explain to everyone what YOUR background is because quite frankly you have no clue to what he has been criminally charged. Nor do you have a clue as to whether or not he is facing detention. OP has never stated what the actual CHARGES are -- as in what statutes under which the 12 year old was charged. An attorney would be nice to have to review the charges and state with specificity what the charges are, what they require and what not. CDW is someone worth listening to -- you are not someone credible at this juncture.

 

[>Charlotte<]

Gee. Whose advice should concernparent12 take? The respected veteran police officer whose knowledge and integrity has been long proven on this site, or the drunk driver? What a dilemma.

 

[CdwJava]

They arrest you for harassment, which is a violation, not a crime, so the fact that he's been booked means nothing.

I fail to see that the OP posted the offense for which the kid was booked. Please point out where this information was provided, I would be glad to see it.

 

[Zigner]

You don't need an attorney. Don't waste your money. Harassment isn't even a crime for an adult, it is a violation. If it is more than harassment, then I would consider it, but from what you said so far, it isn' that serious.

Keep THIS kind of thing up and you won't be around here much longer.

 

[CdwJava]

Also, as the OP is in Illinois and NOT New York, there is not a "violation" offense. A reading of 720 ILCS 135 / 1-2 indicates that this offense can be an A or B misdemeanor, or a felony 4. These are crimes. And, in case you do not know, when you fingerprint someone, and those prints are submitted to the state, a criminal offender record is generated. If those prints are also submitted to the FBI,then an FBI number is generated. That record does not go away. It can be sealed by petition and court order at a later date, but unless IL is unusual, they do not automatically go away at age 18.

So, the OP should contact an attorney for their child ASAP. While this is not likely to be a huge deal, there is no reason NOT to speak with an attorney just to make sure.

 

[You Are Guilty]

Just for the record, "ditz" has the law wrong in NY as well. (Shocking, I know).

 

[concernparent12]

Thank you to those who took the time to read my post and respond. We were told by the officer that a new law was created this year that protects anyone from being harassed. If anyone claims any kind of harassment they can be arrested. In my sons case I was told he was calling excessively. They charged him with Harassment By Electronic Device. The juvenile counselor stated it was something that should have never gone as far as an arrest and could have been handled much differently. The juvenile counselor did say by him being a first time offender she was offering him something that required him to not call anymore, and continue to stay in school, but we felt it was saying he was guilty and refused to sign anything, and go to court instead. She stated we can try and have his record expunged in 6months, but I was hoping if we go to court it may not go on his record at all. They have not supplied us with copies of anything. It just did not seem legal to us.

 

[CdwJava]

An attorney can let you know what the informal route might be. It appears that they already offered you an informal way out to keep it off of a criminal court record but you have decided - so far - not to accept that. Well, that is your choice.

Understand that even if expunged, there may well be future jobs in your child's future that might require he reveal this conviction, expunged or not. I again encourage you to speak with an attorney who can try to arrange for an informal resolution as was proposed. And, the attorney can get a copy of the police reports where you may not be able to get them.

 

[Antigone*]

Keep THIS kind of thing up and you won't be around here much longer.

You wish was the forum god's command