(1) Advise your child not to speak to anybody about their case until they have consulted with an attorney. Whether or not they were given their Miranda warnings, anything they say or admit can be used against them—even by their family and friends if they were to be subpoenaed. This means ANYTHING they say: information they believe helps them or their case may later be twisted around to hurt them. If your child is contacted by a police officer, detective, insurance agent, investigator or anybody you did not directly employ to represent your child, you and your child should politely decline to speak with them.
(2) Do not interrogate your child about what he or she did. (Chances are that if you are reading this, it's too late.) Unfortunately, there is no parent-child privilege under Texas law. In other words, in serious cases the prosecution can subpoena you to be a witness against your own child. The easiest way to prevent this is by not seeking potentially incriminating information from your child.
(3) Depending upon the seriousness of the offense, you may receive notice from your child's school about a suspension, removal or expulsion hearing. This process may begin as soon as the day following the incident. If your child has special education needs, you may also be notified about an ARD hearing. If you intend upon hiring a lawyer for your child, you should NOT appear at these hearings without a lawyer; instead, notify the appropriate school administrators that you are in the process of hiring a lawyer, and ask for any such meetings/hearings to be postponed. Understand that the school district is required to follow certain statutory timelines and may, in some cases, hold a meeting without your presence; it is important, therefore, to get a lawyer involved as soon as possible.
(4) Understand that the probation officer assigned by the Juvenile Court to your child's case can be your best friend or your worst nightmare. Be as cooperative with the probation department as possible -- they will make recommendations to the judge about what the punishment should be if your child is adjudicated.
Okay. Now what do I do? |
