My 17 year old daughter was arrested for interfering when her boyfriend was arrested for allegedly scratching a car. She was charged with Battery- on a law enforcement officer and Resist officer- obstruction w/o violence.
There was a video tape of the 2 of them coming back from dinner that night and him looking at the scratches and her holding the gate for him. .
Within the arraignment hearing she was not offered a public defendant, but was put on house arrest until her next date of court on 7/6/15.
It may be a good thing your daughter was not offered a public defender. There are some great public defenders out in Juvenile in orange county but a private lawyer will usually have more time to speak with you and your daughter about her case. It is important to hire someone with Juvenile experience who can guide you and your daughter through the process. If she has no priors one goal could be to get her into a diversion program where the charge can get dropped for instance.
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Yes, she needs a criminal defense attorney for this. The attorney will investigate all the facts and make a plan.
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I'm sorry your daughter got caught up in this situation. I'm not sure why she wasn't at least questioned about her ability to qualify for a public defender but she does need an attorney. Battery on a law enforcement officer is a third degree felony so she is in a serious situation. Since she is a minor, she doesn't risk jail necessarily but the State could seek to place her on probation or have her sent to a commitment facility. An attorney can immediately begin reviewing evidence and negotiating with the prosecutor. If you don't hire an attorney, you won't have a voice when the prosecutor is making decisions. I hope this was helpful. Good luck.
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Sorry you daughter has become involved with the criminal justice system, but my colleagues are correct, she needs an attorney to protect her interests.
Yes she needs a lawyer, and you as her parent, are now faced with the dilemma of how to choose an attorney for your daughter. My recommendation is to use this site to research a few criminal defense attorneys, look at reviews, and credentials and then narrow it down to 2-3 attorneys. Call them to set up a consultation or do a phone consultation and hire the best one you can afford and feel the most comfortable with and your daughter as well. There are many differences between the juvenile criminal justice system and the adult system- most importantly there is no right to a jury trial. Another value of your own attorney is the time to speak with your daughter and review the case properly. Interfering with the arrest and battery on a leo are two completely different things. Battery on a leo is a specific intent crime, and just brushing up on a cop or not intending to hit them wont justify that charge. Thats why its important to have an attorney review the case, review the video, talk with your daughter, and try to get some charges downgraded at the least. Just because she was arrested for those charges doesnt mean she will end up being charged with it. Battery on a leo and resisting are some of the most trumped up charges out there, especially in cases where young people are mouthing off to a cop,they will look for ways to "get back" at that person.
I understand that it is stressful for a parent when their child is charged with a crime. I assume she is charged as a juvenile and not an adult. Either way she needs an attorney. Unfortunately, even a juvenile can now haunt a child for a significant period of their adult life. While in the past juvenile court proceedings were confidential and could not hurt a child when they became an adult, today the secrecy of juvenile proceedings is very limited. As a result your daughter needs an attorney. As a minor she is entitled to have her guardian, in this case, a parent present at all court proceedings. Unless the state dismisses the charges when the case is called at the next court hearing, you should insist that she needs and wants an attorney. If you or she cannot afford one, insist that a public defender be appointed. Good luck, and my prayers are with you and your daughter.
Yes, your daughter needs a professional attorney. It may be a blessing in disguise that she hasn't been offered a public defender. A private attorney will be able to appear in court on her behalf without her having to travel and appear at each court date. A private attorney will also afford your daughter with the highest level of personal commitment to reaching the best outcome in her case. Battery on Law Enforcement is a third degree felony which carries with it the possibility of many unwanted outcomes including possible incarceration.
Sadly, your daughter does need an attorney. Please use this site plus other websites to do research on who would be the best advocate for your daughter.
Yes, she needs an attorney. There are so aspects to handling a case like this one, it would be wise to get an attorney for her.
She should have been given the option of a public defender. If she can't afford an attorney she should let the judge know, and the judge should make sure one is appointed for her.
Yes, without a doubt. She's charged with a number of crimes including felonies and despite juvenile records usually being confidential this could have collateral consequences to her future. As it seems you are not eligible for a public defender, you may want to consider at the very least interviewing an attorney for free consultation and advise if money is an issue. Retaining an experienced criminal defense attorney is critical as he/she may be successful in obtaining a diversion program/probation for her which will have to be approved by State Attorney, and possibly the Officer and the Judge. The video sounds helpful (if you have a copy bring to interview) but the Officer's testimony as to what occurred that is not on the video is also evidence against your daughter. You may want to consider asking the attorney you feel most comfortable with for a payment plan.
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