Asked about 3 years ago - Roseville, CA
FlagMy 13 year old son got into a fight on school grounds. I got a call from police notifying me of this and asked me to bring my son in for questioning. My son admitted to hitting the other kid twice. The officer took my son down for fingerprinting and pictures and then released to my care. Is this an arrest? if so, they dd not read him his rights. I was told that he would receive a court date in the mail. What happens now? Will my son get a public defender? There were other boys (principal has found student witnesses) involved that made further damage to this poor kid putting him in the hospital. Will my son, the only one to confess be charged for all battery or just his involvement?
You didn't have to bring your son in for questioning. If you had not the police would not have the damaging admissions they now have. Your son has been arrested and now has a juvenile criminal record (since he was fingerprinted and photographed otherwise known as ID processing).
The police are not obligated to read your son his rights unless he is going to be questioned in custody. It sounds like the questions were asked before he was placed in custody but maybe the argument could still be made that the statements were made in a custodial setting.
Your son will get a public defender if you cannot afford a lawyer. Since your son is only 13, he can have his records sealed and destroyed when he is 18.
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