• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

juvenile/robbery/miranda/course of action

  • Thread starter Thread starter renee102
  • Start date Start date

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

R

renee102

Guest
My brother is 17 years old and lives in California. He recently tried robbing a money bag off of an amusement park employee. Needless to say, after a scuffle and a short flight, he was caught by park security and turned over to the police. He was never read his Miranda rights, although he was definitely in custody. In fact, after hours of questioning, just before they were to release him to my parents, a police officer came in and asked if he had been read his rights. He responded that he hadn't, and the officer responded with something to the effect of "Well, you know all about the right to remain silent and everything right?" I don't believe that it would have mattered much about his statement, as there were many witnesses, but I am concerned about the fact that he did not get to speak with an attorney. That was almost two months ago. Since then, my mother has left messages for the officer in charge, trying to find out what is going on, and has yet to speak with him, although he has contacted the parents of the other boy involved. Also, she has called the public defender's office twice to ask for an attorney, and was told that she has to wait until the court date to request one. Meanwhile, we have no idea what to expect or what course of action to take. The robbery was not pre-meditated. It was an impulse, and my mother has since gotten statements from a counselor that my brother suffers from slight mental disabilities, one of which is lack of impulse control. He is also on medication and has been listed with his school district under the individuals with special disabilities provision. Please help us understand what we should expect, and whether this kind of lack of information is common.
 


calatty

Senior Member
If the police admit they didn't read him his rights, which include the right to an attorney, before questioning him, then the judge should suppress any statements he made at the jurisdictional hearing (=trial in juvenile court). If there were a number of eyewitnesses, then that won't help him much. The District Attorney will probably offer him a plea bargain. If this is his first offense and there were no injuries, the disposition (=sentence) will most likely consist of probation and maybe a few weeks in a ranch, county juvenile facility, or maybe community service. Lack of premeditation and impulse control are not defenses. He should be aware that robbery committed by a 17-year-old is a "strike" under the three strikes law. If possible, his attorney should try to get a plea bargain offer to a non-strike offense like grand theft. There will be sufficient time to talk to an attorney after you receive the Petition (=charging document).
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top