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13 year old son admits to arson/beyond a reasonable doubt?

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erasergirl2000

Guest
Last month, my son admitted to arson. He is 13 and was with 3 other kids..ages 13,15 and 15. He admitted to police (as did everyone else) that he put gasoline into a beer bottle, stuffed a rag into the bottle, lit it on fire and set it in the mobile home. The arson investigators found no evidence of any bottles in the trailer. Today the Sheriff's Department executed an arrest warrant against him. I took him down to the Sheriff's Dept. where up until I left, he was not read his Miranda Rights (he was read them at the time of his statement...3 weeks ago). They took him into the ADULT facility to "book" him and fingerprint him. None of the other kids are being charged with anything and I am facing a $10,000 restitution on a run down trailer that the owner says had been repaired and was ready to rent out. My son is emotionally disturbed and is in Special Ed at school.
My questions are these: 1. Can his statement be retracted due to his disability or any other reason? He has no idea what the implications were of his giving a statement and declining legal representation. 2. The method in which he said he started the fire has not been proven. Is this reasonable doubt? 3. Did they have to read him his Miranda Rights when he was taken into custody and should they have done it with me there? 4. Can they take him into an adult facility to book him? 5. The Deputy said my son will have an attorney acting on his behalf at the detention hearing...should one have been there when he gave his statement???
I have no idea what to do. He has never gotten into trouble before and have requested boot camp instead of detention. ANY HELP on this would be very sincerely appreciated! Thank you.
 


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debbiethomas

Guest
when were you notified of his arrest?There is a thing called 'Parental Notification' S 5033,," Parental Notification of the juvenile's Miranda Rights must be given contemporaneously with notification of custody. The timing sequence is necessary to ensure that S 5033 provides juveniles with 'meaningful protection'
 

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