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question concerning a minor and parent rights.

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tabbysmind

Junior Member
indiana

I have a 17 yr old daughter. A dective called me today and asked me to bring in my daughter telling me she was a witness to a burgerly. She had stayed the night at a girl friends house and evidently a few of the boys there stole something that night. There were 4 girls there including my daughter. My daughter did not see the burgerly, had no knowledge of the burgerly, did not see anything the boys was accused of stealing except a small white box . she assumed maybe they brought back food. all she seen was the boys leave and them come back with the box she seen no items no nothing. The detective said that he talked to all three girls and said that thier stories matched and then looked at me and said if they continue to stay the same she could get charged with the same thing they were charging one of the boys with.. He did not talk to all three girls only one girl though he lied and said he did it is a known fact he did not. We said well how about if she takes a lie dector test because she was telling the truth. he said that was fine but if she fails she gets charged. he informed me that he did not have to let me in the room when he talked to her because she came in as a witness but he called wanting her to come in. he also said i could not be present when they gave her the lie dector test. The incident happened 2 months ago and she was honest when she talked to the dective, The dective didnt want to believe she would be honest and tell everything she knew. she has never been in trouble before. she was just at the wrong place at the wrong time. she didnt see anything that the boys were accused of stealing. actually was unaware of exactly what had went on till two weeks later when the girlfriend told her what happened and then the same girl said everything was droped.where should i go from here?
 


tabbysmind

Junior Member
also just to note..the dective had asked her several times if she seen the boys bring in a laptop a game system and ipods...my daughter repeatedly told them no all she saw was a small white box and she said when the boys had come back she was half asleep and had gotten up to go to bed. he was polite the first part but got rather crappy towards her when she didnt reply how he wanted her to..she didnt see anything and we honestly feel he wanted her to say she did but reality is she did not. can he charge her for the same thing as the boy ? or is it a scare tatic they use to try to get my daughter to say something she knows isnt so...or she didnt see...i really need to know my rights as her parent..her rights also concerning this. i am on disablity and really cant afford a lawyer at all...so any advise would be highly appreciated.
 

CdwJava

Senior Member
He is likely using the same pressure on all the witnesses to try and make sure they are coming clean and not covering up for the suspects.

You do not have to let them talk to your child. You can choose to keep her from them and call their bluff. If they have enough evidence against her they will come to arrest her anyway.
 

tabbysmind

Junior Member
well thank you...so if they want to give her the lie dector test i can refuse it? since she hasnt been arrested. there isnt even any charges against her. she was called in as a witness to the burgerly..problem is she didnt see it at all and had absolutely no knowledge of it till two weeks after it happened..she hasnt made or signed anything all she did was go in and talk to the dective like he had asked.i want to make sure because if i can refuse the test for her then i will because this is crazy. thank you again.
 

CdwJava

Senior Member
well thank you...so if they want to give her the lie dector test i can refuse it?
Of course. She does not have to talk to them at all - even if arrested she will not be forced to speak to the police.

..problem is she didnt see it at all and had absolutely no knowledge of it till two weeks after it happened..
No, you do not know what she saw or did, you know only what she TOLD you what she saw or did. Keep an open mind that your child might not be giving you the whole story.
 

tabbysmind

Junior Member
well i greatly appreciate your input... i had the same thing said to me by the dective.. far as what she TELLS me...major problem i have with that is? while 90 percent of the kids usually dont tell the parents everything there is still that 10 percent where the children and parents have a very open relationship where the child isnt in fear to come to the parent regardless the issue or what they may have done wrong.. i am in that 10 percent. we have been through alot and weathered some very hard times..but i know without a doubt that she wouldnt hide anything from me of this kind of importance...i appreicate your view and saying i should keep an open mind and i have but i am also very close to my children.... i know if she seen anything or had any involvement first thing she would do is tell me before i had to take her in. that was the part with the lie dector test she was nervous to take it only because of all the bad rep it has and naterally who wouldnt be nervous she said if neccessary she would to clear her name but i think it stinks and especially knowing the dective has only talked to one girl ..not all the girls nor anyone else there...you have eased my mind though greatly thank you so very much.
 

stealth2

Under the Radar Member
there is still that 10 percent where the children and parents have a very open relationship where the child isnt in fear to come to the parent regardless the issue or what they may have done wrong.. i am in that 10 percent. we have been through alot and weathered some very hard times..but i know without a doubt that she wouldnt hide anything from me of this kind of importance...i appreicate your view and saying i should keep an open mind and i have but i am also very close to my children.... i know if she seen anything or had any involvement first thing she would do is tell me before i had to take her in.
You honestly don't know that. I like to think I'm in that 10% as well, but am realistic that there may well be situations where I don't know the true story.
 

tabbysmind

Junior Member
honestly every child will lie to thier parents about things..that i know... i also know that every child will hide somethings from thier parents...thats human nature we all did it ourselfs as kids to our own parents..but i can honestly say when it comes to the very important stuff such as this topic i do know they will tell me the whole story...even if it embarresses them... so not to be rude or anything but yes i can honestly say i do know when it comes to the important things...
 
If you are inclined, which I would be, you could teach your kid how to invoke her rights. Then you can get an attorney if you need to. Teach her to say - "I invoke my 5th amendment rights" or call home before talking, in which case you tell her not to talk.

The cop is using pressure tactics and is very much better at this more experienced. Adults and kids get tripped up and turned around and end up saying something they shouldnt, and likely didnt even mean. Its best to not talk in something like this without sound advice. 5th amendment next time the officer calls, and if you can give him a phone number of an attorney, IMO and put an end to it.

If the officer has enough to come arrest her, talking generally wont help that.
 
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