myshare_2000
Junior Member
Last weekend, my 14 yr old son was skateboarding with a friend and met up with some other boys near a vacant field close to our home. An old sharecropper home sat on the property with only the concrete foundation remaining. The boys began investigation the area and some skateboarded on the foundation. A 13 yr old kid that my son did not know set some leaves and grass on fire. Most of the boys watched the fire; some fueled the fire. Someone found an old chair and tossed it on the fire. It got bigger and smoked a lot. My son and his friend did not participate in any of this activity but watched it. When the fire got bigger, they left the area. When they no longer saw smoke, they returned. A fire truck arrived and all the boys ran away. The kid who started the fire later returned and police questioned him. He named all the kids present.
On Tuesday, a cop came to the Middle school and interviewed my son and collected his contact info. I called the cop and he came to our home to advise that my son was being charged with reckless burning. He specifically said that trespassing was not an issue. The petition says “did take part in the burning of property not belonging to the subjects involved and on property not belonging to them.”
I did not allow the cop to obtain a statement from my son. I told him that my son was innocent and if he would complete his investigations he would know this. He said that several children said that my son was involved. I think that others may have named him because he was there but not specifically named him as fueling the fire. At least one kid gave a statement of his not participating.
He has a court date and is being charged as a delinquent which could have jail time of 11/29 and/or $1,000 in fines. I told the cop that my son is a good student and has never been in any trouble before and why can’t he be charged with some lesser charge like Unruly child, etc. He said that you cannot charge an adult as unruly.
I need advice to prepare for the upcoming court date before the judge. I wonder whether we are entitled to the other kid’s statement(s). I wonder whether it would be helpful to request statements taken by us from the kids involved. I feel like getting our own statements might show that others did not see my son fuel the fire.
Please let me know other helpful info.What is the name of your state (only U.S. law)?
On Tuesday, a cop came to the Middle school and interviewed my son and collected his contact info. I called the cop and he came to our home to advise that my son was being charged with reckless burning. He specifically said that trespassing was not an issue. The petition says “did take part in the burning of property not belonging to the subjects involved and on property not belonging to them.”
I did not allow the cop to obtain a statement from my son. I told him that my son was innocent and if he would complete his investigations he would know this. He said that several children said that my son was involved. I think that others may have named him because he was there but not specifically named him as fueling the fire. At least one kid gave a statement of his not participating.
He has a court date and is being charged as a delinquent which could have jail time of 11/29 and/or $1,000 in fines. I told the cop that my son is a good student and has never been in any trouble before and why can’t he be charged with some lesser charge like Unruly child, etc. He said that you cannot charge an adult as unruly.
I need advice to prepare for the upcoming court date before the judge. I wonder whether we are entitled to the other kid’s statement(s). I wonder whether it would be helpful to request statements taken by us from the kids involved. I feel like getting our own statements might show that others did not see my son fuel the fire.
Please let me know other helpful info.What is the name of your state (only U.S. law)?
