13 year old brother, being charged with a misdemeanor for not sure think assault. He hugged his friend a girl, the girl turned out out to have an illness where she has episodes of seizures and blackouts. During the hug, the girl fainted not sure how tight he hugged her, the girl later in day felt dizzy called her mother and mother called paramedics for girl. They decided to press charges on my brother which officer stated was misdemeanor, first offense on his record. Officer stated we would get a call from a probation officer and he would tell us what happens next. I am concerned should I get a lawyer, is there a need for one? What happens if the girl gets sicker one day and the parents want a come back and say it was my brothers hugged that is responsible.. if I can have some advice
I would advise him to not make a statement to anyone, even during the probation meeting, without first speaking with an attorney. They usually try to bring them in during that meeting to get a confession. Inform him of his right to remain silent and exercise it.
I would hire an experienced criminal defense attorney who has experience in juvenile cases in Fresno. It sounds like the case is being referred to the probation department for review for a pre-filing diversion program under Welfare & Institutions Code section 654.1. An attorney can help make sure this happens, preserving this good opportunity, and the case is not filed.
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