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childintrouble · Apr 6, 2007, 08:06 AM

In California is a child allowed to be questioned by a police officier after being arrested without a parent present? What if they do not book her and ask you to bring her back to be booked? If she is caught stealing to I get sued for civil charges of $500.00? Does she get charged with a felony because she went with the intent to steal?

childintrouble · Apr 6, 2007, 08:32 AM

My child was arrested for shoplifting at age 12. The police officier asked us to bring her back to be booked. The police officier said they were to busy to book her because there were adults that needed to be booked.

Fr_Chuck · Apr 6, 2007, 08:43 AM

And what is your question, so you bring the child back to be booked when they told you to.

Adults can not be booked at the same time as JUV, they have to by law
(in most states) be keep separated.

excon · Apr 6, 2007, 08:51 AM

Originally Posted by childintrouble

In California is a child allowed to be questioned by a police officier after being arrested without a parent present? What if they do not book her and ask you to bring her back to be booked? If she is caught stealing to i get sued for civil charges of $500.00? Does she get charged with a felony because she went with the intent to steal?

Hello Parent:

Your post should be moved and consolidated with your other incomplete one. Meanwhile, I'm going to answer you here.

Your questions cannot be answered without knowing the specifics of the crime, what she told them, and MANY, many other factors involved with HER particular case.

Your questions, however, are valid. Therefore, there's only ONE thing for you to do. HIRE the best lawyer you can afford - and do it BEFORE you take her back to be booked and BEFORE you, or she, makes ANY more statements to the cops.

excon

PS> Until the other post gets moved, I pasted it here.

Fr_Chuck · Apr 6, 2007, 09:01 AM

Hello, first please understand there is a big difference betten adult court and Juv court,

1. yes a child can be questioned by a police officer without a parent present.

2. If they ask you to bring the child back, the child is released into your custody and is common, in fact in our state, unless it is a seroius offense it is standard procedure ( in our state children services would contact you next) but it appears they either gave you a time to come back with the child or you are to contact them when to bring the child back. A child can not be processed with adults, that is illegal.

3. If she is caught stealing, you can be sued by the store for civil penalties

4. you did not say what she stole, but it is most likely a misdemeanor that she would be charged with ( the value for the item stole will make that determination) the intent while it adds to the serous nature of it, does not make it a felony, it is the amount stolen.

Also remember besides trying to find guilt, the juv case workers will be looking at why she did this, if she has done it in the past, and if it is likely she will do it again. They will or may depending on their case load want to look at the child's family life and if you as parents will be helping with trying to correct the behavior.

since you did not say if she went into a store with a gun with the intent to rob, or if she merely went into a store with intent to shop lift.

But if this is merely shop lifting, she will most likely just get probation, along with a good talking to by the police and the judge about the error of her ways.

J_9 · Apr 6, 2007, 09:39 AM

Merged ;)