ChileDevil
Junior Member
Hello,
One of my family friends has just been charged with "Felony Breaking and Entering", "Assault with a Deadly Weapon", and "Grand Larson". He is a minor however they are trying him as an adult. This is taking place in New Mexico. New Mexico has a three strike policy with minors and this is his third strike. These strikes were "dumb teenager" things, such as minor in consumption and vandalism (a graffiti mural on the underside of a bridge). What follows is the story as best I understand it, and may not be accurate as I have only heard this third hand (Sort of a telephone game situation).
He and his friend (who has also had past legal issues) heard of a house who's owner had been recently put in a hospital/rest home. Being stupid teenagers they decided to break into the tool shed behind it. They found what they thought to be 3 BB guns, and stole them. As it turns out only 2 of these were BB guns, while the third was a semi automatic assault riffle (I am unsure of calliber, make and model). The next part I am unclear of what happened. But the end result is that the cops came searching the other kid's house where the guns had been taken. The cops arrested the kid and proceeded to my friend's house to arrest him. As this is Hear Say from me I am hoping this cannot be used in the court against him should they find this.
My question, however is not on the crime itself but the procedure which is taking place now. He was arrested when he was home alone. His mother was contacted and asked to appear at the police station. While in custody he was questioned without an attorney before his mother arrived. His mother was then allowed to see him and the police began reading him his Miranda Rights and both he and his mother were then asked to sign a document acknowledging due process. However his mother asked to speak to a lawyer because she did not understand what the forms really meant and wanted explanation of the charges raised. The police ignored her request and continued to ask her to sign the document. She complied, although still not knowing the charges raised.
Shortly afterwards he was taken away, to an unknown detention facility. The police will not inform her where he has been taken to. She cannot contact him, and he has still not been given legal advice. He is only sixteen and therefore I do not believe that he is entirely aware of all the rights (or the meaning of those rights) that have been given to him by the constitution. Is it legal to keep him and his mother completely in the dark? He is a good kid and I think that by his reasoning co-operating with the cops will get him off. But everything he says may end up landing him 9 years in prison, effectively ruining an honor students life. I recently read on Yahoo that the supreme court has recently changed the Miranda Rights so that unless an officer has been specifically told that they are using their 5th amendment rights, the questioning may continue.
Is it legal to keep a minor away from their parents (in a different city) with out allowing the parents to contact the "suspect" and inform them of the needed legal strategy to take. I mean his parents don't even know where he's being held. He may not know that he needs a lawyer. What legal steps should his parents follow to get a lawyer with him. And how should the proceed with their defense I am only a 20 year old college student with limited knowledge of the court system. However what is taking place does not seem like Due Process. Any advice, suggestions, comments are appreciate.
Thank you for your time,
Sparky the Sun DevilWhat is the name of your state (only U.S. law)?
One of my family friends has just been charged with "Felony Breaking and Entering", "Assault with a Deadly Weapon", and "Grand Larson". He is a minor however they are trying him as an adult. This is taking place in New Mexico. New Mexico has a three strike policy with minors and this is his third strike. These strikes were "dumb teenager" things, such as minor in consumption and vandalism (a graffiti mural on the underside of a bridge). What follows is the story as best I understand it, and may not be accurate as I have only heard this third hand (Sort of a telephone game situation).
He and his friend (who has also had past legal issues) heard of a house who's owner had been recently put in a hospital/rest home. Being stupid teenagers they decided to break into the tool shed behind it. They found what they thought to be 3 BB guns, and stole them. As it turns out only 2 of these were BB guns, while the third was a semi automatic assault riffle (I am unsure of calliber, make and model). The next part I am unclear of what happened. But the end result is that the cops came searching the other kid's house where the guns had been taken. The cops arrested the kid and proceeded to my friend's house to arrest him. As this is Hear Say from me I am hoping this cannot be used in the court against him should they find this.
My question, however is not on the crime itself but the procedure which is taking place now. He was arrested when he was home alone. His mother was contacted and asked to appear at the police station. While in custody he was questioned without an attorney before his mother arrived. His mother was then allowed to see him and the police began reading him his Miranda Rights and both he and his mother were then asked to sign a document acknowledging due process. However his mother asked to speak to a lawyer because she did not understand what the forms really meant and wanted explanation of the charges raised. The police ignored her request and continued to ask her to sign the document. She complied, although still not knowing the charges raised.
Shortly afterwards he was taken away, to an unknown detention facility. The police will not inform her where he has been taken to. She cannot contact him, and he has still not been given legal advice. He is only sixteen and therefore I do not believe that he is entirely aware of all the rights (or the meaning of those rights) that have been given to him by the constitution. Is it legal to keep him and his mother completely in the dark? He is a good kid and I think that by his reasoning co-operating with the cops will get him off. But everything he says may end up landing him 9 years in prison, effectively ruining an honor students life. I recently read on Yahoo that the supreme court has recently changed the Miranda Rights so that unless an officer has been specifically told that they are using their 5th amendment rights, the questioning may continue.
Is it legal to keep a minor away from their parents (in a different city) with out allowing the parents to contact the "suspect" and inform them of the needed legal strategy to take. I mean his parents don't even know where he's being held. He may not know that he needs a lawyer. What legal steps should his parents follow to get a lawyer with him. And how should the proceed with their defense I am only a 20 year old college student with limited knowledge of the court system. However what is taking place does not seem like Due Process. Any advice, suggestions, comments are appreciate.
Thank you for your time,
Sparky the Sun DevilWhat is the name of your state (only U.S. law)?