When your child is involved in a police investigation, it can be a really frightening experience, but knowing their rights and how to protect them is key. Here are some critical points to remember.
- Stay silent, respectfully. Your child has the right to remain silent. They should respectfully state they wish to exercise this right and not answer any questions without an attorney present. This applies even if they feel innocent or want to explain themselves.
- Do not consent to searches. Police need a warrant or probable cause to search. Your child (and you) should clearly state, "I do not consent to any searches." Don't physically resist, but verbally refuse.
- Ask if they are free to leave. If not under arrest, they should ask if they are free to go. If the answer is yes, they should calmly leave. If no, they are being detained or arrested.
- Contact a lawyer immediately. As soon as you know your child is being questioned or has been arrested, your first call should be to an attorney specializing in juvenile defense. An attorney can advise you and your child on the best course of action and advocate on their behalf. Attorney Angelo Reyes provides legal representation for juvenile matters throughout San Diego County.
- Avoid discussing the case with anyone else. Beyond your attorney, your child shouldn't talk about the case with friends, on social media, or with family members, as these conversations could be used against them later. It's essential to understand that police can and often do try to elicit information in many ways, and an attorney can help ensure your child's rights are not violated.