12 year old arrested

[concernparent12]

What is the name of your state (only U.S. law)? IL
My 12 year old was accused of harassing phones calls to a classmates he was once friends with. He was arrested at school because the parents filed a police report. I was notified he was in custody by the officer after he was taken to the police station. I would like to know if it is legal for the police to take him from the school without the school notifying his parents, and a guardian being present with his so called offensive. By the time I got to him at the police station I was told he was finger printed and booked. I have never heard of such and want to know if the principle of the school and the police department were wrong.

 

[Just Blue]

What is the name of your state (only U.S. law)? IL
My 12 year old was accused of harassing phones calls to a classmates he was once friends with. He was arrested at school because the parents filed a police report. I was notified he was in custody by the officer after he was taken to the police station. I would like to know if it is legal for the police to take him from the school without the school notifying his parents, and a guardian being present with his so called offensive. By the time I got to him at the police station I was told he was finger printed and booked. I have never heard of such and want to know if the principle of the school and the police department were wrong.

Yes. It is legal for the police to arrest a suspect. I would have to ask what the content of the calls were...It seems that an arrest of a child for prank calls is excessive. What is the exact charge?

 

[Some Random Guy]

Yes, it is perfectly legal for police to arrest people when they have evidence that a crime has been committed, regardless of whether the suspected criminal is a minor.

The main defferences in arresting a minor versus an adult in IL are the requirements that the parents be notified, notification of DCFS when warranted and segregation in how they are being held.

 

[concernparent12]

Yes very excessive especially since no ones has any proof. The charge is called harrasement by electronic device. We were told it was calls to the classmate cell phone. I think it would of been apporiate for the parents to contact us first. These kids were friends. Don't get it

 

[concernparent12]

They claim he just kept calling the cell phone.

 

[CdwJava]

It is time for you to hire your son an attorney. It is very likely that unless there were threats made that this will be discharges with counseling and some sort of diversion rather than any permanent disposition.

If they went through an actual arrest, I strongly suspect that this was more than just a few calls and then hanging up. Be prepared for there to be more to it when his attorney - or you - is given the police reports.

 

[Just Blue]

Yes very excessive especially since no ones has any proof. The charge is called harrasement by electronic device. We were told it was calls to the classmate cell phone. I think it would of been apporiate for the parents to contact us first. These kids were friends. Don't get it

What was the content of the calls? That could make a difference in the response of LE.

 

[cyjeff]

Yes very excessive especially since no ones has any proof. The charge is called harrasement by electronic device. We were told it was calls to the classmate cell phone. I think it would of been apporiate for the parents to contact us first. These kids were friends. Don't get it

We need to stop right here.

While the parents could have called you, they were well within their rights to call the police instead.

Maybe those calls were a little more ... personal... than you think they are.

You don't get what part? That when your child commits a crime that he should get a 'bye' first because you think he deserves one?

 

[steel9]

The police have to have proof in order to arrest the boy. He must of been calling alot & the police traced the calls. The cops just cant take the word of someone & arrest the person. Often the police overkill everything.

 

[Just Blue]

The police have to have proof in order to arrest the boy. He must of been calling alot & the police traced the calls. The cops just cant take the word of someone & arrest the person. Often the police overkill everything.

No. They don't.

 

[Isis1]

The police have to have proof in order to arrest the boy. He must of been calling alot & the police traced the calls. The cops just cant take the word of someone & arrest the person. Often the police overkill everything.

maybe the child admitted the calls/messages came from him at the time of questioning. that's proof right there.

 

[beautifuldiz]

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.

 

[CdwJava]

The police have to have proof in order to arrest the boy. He must of been calling alot & the police traced the calls. The cops just cant take the word of someone & arrest the person. Often the police overkill everything.

The police need only "probable cause" to believe that a crime was committed and that the person arrested committed the crime. It could, in fact, later be determined that no crime was committed and the arrest can be (and usually is) determined to be perfectly lawful.

Chances are if the suspect called a cell phone, his number appears on the victim's phone (or whatever phone the suspect called). That might be proof enough depending on what is alleged.

And I really have no idea what you mean by, "Often the police overkill everything," as it is the prosecutor that pursues charges, not the police. The police might request or recommend charges, but if they are filed it is NOT the police that did so.

 

[CdwJava]

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.

But, if they do NOT get an attorney and their child pleads guilty to something that could result in a permanent criminal record, then "Oops!" on them!

I would NEVER consider NOT consulting an attorney if I or my child has been arrested. This is more serious than a traffic ticket, and the ramifications of making a mistake here can effect the child well into adulthood if they are not careful.

 

[beautifuldiz]

were these calls sexual in nature? was he sexually harassing someone? cuz that would make more sense to as why the parents called the cops instead of you. he must've said something they took seriously.