bigtimeweb
Junior Member
What is the name of your state? COLORADO
Our boy was caught today after another parent saw him and several others at a school bus stop (waiting for the bus for summer school) with several other kids. They were all standing in a circle - some of them smoking ciggarettes, some of them (including my son) smoking pot. A parent saw this going on and called the school with a names of some they recognized.
The school called in the kids who had the names that were given, who gave out other names (my sons).
I get a call from him that I need to come to school because hes in trouble. I get there and they have already had all the kids write out statements of the events that occurred. There was a local city Juvi officer there, who eventually gave him a charge of possesion of paraphenalia (they searched his belongings and found a smoking apparatus), and a charge of 'smoked mari before he went to school'...both of which he openly admitted to in this written statement he was told he had to give.
While I know the penalty in the end is going to be relatively light - he has no priors - I am all in for him gettig his just rewards for his brainchild actions. I'm just sitting here wondering about a few things...
My questions are:
1)Can he give a written statement like that without a parent/guardian figure being notified or present? I don't quite understand why the whole process began before I arrived.
2) Is this statement admissable in a court?
3) Do they have to Miranda him prior to him incriminating himself?
He wrote the statement because hes a compliant person. They said he had to do it so he did it. He had no idea that he could even refuse, or to wait until he had a parent present to speak to anyone....does any 15 year old really know the law like that?!
Hoping someone might be able to give me some insight.
Thanks in advance for your time.
Our boy was caught today after another parent saw him and several others at a school bus stop (waiting for the bus for summer school) with several other kids. They were all standing in a circle - some of them smoking ciggarettes, some of them (including my son) smoking pot. A parent saw this going on and called the school with a names of some they recognized.
The school called in the kids who had the names that were given, who gave out other names (my sons).
I get a call from him that I need to come to school because hes in trouble. I get there and they have already had all the kids write out statements of the events that occurred. There was a local city Juvi officer there, who eventually gave him a charge of possesion of paraphenalia (they searched his belongings and found a smoking apparatus), and a charge of 'smoked mari before he went to school'...both of which he openly admitted to in this written statement he was told he had to give.
While I know the penalty in the end is going to be relatively light - he has no priors - I am all in for him gettig his just rewards for his brainchild actions. I'm just sitting here wondering about a few things...
My questions are:
1)Can he give a written statement like that without a parent/guardian figure being notified or present? I don't quite understand why the whole process began before I arrived.
2) Is this statement admissable in a court?
3) Do they have to Miranda him prior to him incriminating himself?
He wrote the statement because hes a compliant person. They said he had to do it so he did it. He had no idea that he could even refuse, or to wait until he had a parent present to speak to anyone....does any 15 year old really know the law like that?!
Hoping someone might be able to give me some insight.
Thanks in advance for your time.
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! And who said my son even knows that these questions exist in my mind and I'm teaching him to lawyer up?! Hold your horses there Curt. He's in plenty of trouble dont you worry. But his trouble and my quest for knowledge are two seperate entities. Me not seekeing knowledge on a situation Im involved in is all out flat stupid and irresponsible.