My kid’s been arrested! Tips for what to do next
Podcast Episode
No one likes to think of the possibility of their child being arrested, but it's something attorneys say you should prepare for. Attorneys differ when it comes to advice on what a child should do when confronting law enforcement. Kyle Geissler reports. You can read more in Tuesday's Janesville Gazette.
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Danny E. Davis
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Troy J. Knudson
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Scott L. Schroeder
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Tod O. Daniel
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Sara L. Gehrig
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Thomas A. Lemery
JANESVILLE — The father was irate.
He had arrived at the lobby of the Janesville Police Department one night last spring to get his son.
His son was under arrest, and the man demanded to see him.
The clerk behind the counter said she would get an officer to speak to him. The man, clearly agitated, didn’t want to wait. He said he had a right to see his son and that he was calling his lawyer.
The man didn’t calm down when an officer arrived. He again made demands and suggested there would be consequences if his son told police something without his lawyer.
The man was so strident that the officer told him he had better adjust his attitude or the officer would arrest him for disorderly conduct.
The man backed off.
Parents often show up at the police department looking for their children, especially these days, when cell phones make communication so fast, said Dan Davis, deputy chief with the Janesville police.
The angry father actually had no right to see his in-custody son. Neither does his lawyer, Davis said.
Not only that, but a parent cannot invoke the right to remain silent for a child. The child must do that.
Same goes for a lawyer, Davis said.
“Unless the (lawyer’s) client tells us that, it doesn’t matter,” Davis said.
There is no such thing as a right to a phone call, either, although in most cases a juvenile is allowed to make a call—or police will call parents—as long as the timing would not interfere with an investigation, said Davis and Cmdr. Troy Knudson of the Rock County Sheriff’s Office.
Police decide on a case-by-case basis when it’s OK to let the parent see the child, Davis said, so it would behoove a parent to act respectfully. Demands, threats or shouting are unlikely to help.
Even if the parent is respectful, police might decide it’s best for their investigation that the parent wait, Davis said.
So what’s a parent to do?
Talk to your child before an arrest occurs, said everyone interviewed for this article.
What should you tell the child? Opinions vary from “say nothing” to “tell the truth.”
Janesville attorney Scott Schroeder said if it’s a criminal matter, it’s best for the child to remain silent and wait for a lawyer.
“There’s nothing they can tell the police that will help them,” agreed Janesville attorney Tod Daniel.
“That might sound like overkill, and that might be the case,” Schroeder said, but before you talk to a lawyer, you just don’t know.
“You can always talk to police after you talk to an attorney, but at least you want to get the lay of the land, know your rights, know your options … but you can’t do it the other way around, talk first and find out it was a mistake,” Schroeder said.
Schroeder also counsels caution with talking to school officials, who are not bound by rules about rights to remain silent and coercion and who could later tell police if they heard a confession.
The child could face legal action as well as discipline at school, such as expulsion or athletics-code sanctions, Schroeder said.
“Someone who is a minor or who is a young person might not be able to sort all the different implications for behavior, and they especially need the advice of an attorney or a knowledgeable parent,” Schroeder said.
Janesville attorney Sara Gehrig, who was a prosecutor in another state, has a different perspective.
Gehrig cautions against admitting guilt, but “cooperation is generally in everybody’s best interest unless there’s a real significant issue.”
Even Gehrig, however, advises parents to tell their kids that they should assert their right to have an attorney if they feel uncomfortable about talking.
Police elsewhere have been known, on occasion, to act inappropriately, but they generally are the good guys, Gehrig said.
Speaking up, in some situations, might keep the real bad guys from getting away, Gehrig noted.
“I would hope our children in our community would have sufficient trust in our law enforcement that they could talk to that officer without fear,” Gehrig said.
So, should a parent rush down to the sheriff’s office or police station?’
Daniel said that’s the parent’s job—to get involved when his or her child is in trouble.
“We never discourage a parent from coming down here or calling,” Davis said.
“I think a parent has the responsibility also to try and work with us to correct that problem behavior,” Knudson said.
“As soon as it’s reasonably possible, I would want them to be notified of what’s going on with their child so that an undue concern doesn’t develop,” Knudson said
Janesville police officer Tom Lemery, who routinely arrests juveniles in his job as the officer assigned to Craig High School, said school district policy requires that attempts be made to notify parents as soon as practical.
That doesn’t’ mean the investigation stops until the parents arrive, Lemery said.
Knudson said deputies have more discretion in dealing with juveniles than with adults, especially for minor offenses.
“A lot of behaviors we deal with, with juveniles, a lot of them are relatively lower-level offenses and can be handled with the parents,” Knudson said.
Underage drinking usually requires a citation, however, because the sheriff’s office takes a strong stand against it, Knudson said. A citation will lead to a fine but also to help that a child might need to avoid becoming a regular alcohol abuser, Knudson said.
Davis said if the child didn’t do anything wrong, speaking up can help officers conduct an investigation that could clear the child of suspicion.
“I’ve seen as many folks go to jail because they remained silent as I have because they spoke up,” Davis said.
“What we’re looking for is to find out what the truth is, and if a person chooses not to speak, then I will have to make my determination as to what happened based on those who do speak … and what evidence is available at the scene,” Knudson said.
Davis said he told his children that they should always answer an officer’s questions fully, rather than make the officer’s job more difficult.
If they’re guilty, they should accept the consequences, Davis said.
“I expect them to step up and accept responsibility,” Lemery agreed, speaking of his children.
Lemery suggested that parents talk to their child about much more than a possible arrest someday.
Talk about right and wrong, about choosing good friends, about alcohol, and—never mind what the school or police do—talk about what the consequences will be at home if your child steps out of line, Lemery suggested.
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Here are some other things that might rush through a parent’s mind as she’s driving to the police department:
Q: Will my kid go to jail?
A: In Rock County, children 16 or younger do not go to the adult jail. If they are incarcerated, it is at the juvenile detention center, a separate building near the jail in Janesville. Many if not most juvenile offenders are released pending a court date. A juvenile probation officer—not police—will decide whether the juvenile is committed to the detention center. Later, a juvenile court judge will decide whether the juvenile is guilty and whether incarceration—either locally or at a state juvenile institution—will be part of the sentence.
Q: What if my child is 17? That’s a juvenile, right?
A: Under Wisconsin law, all 17-year-olds are arrested as adults. Courts can, on rare occasions, decide that an even younger child be sent to adult court.
Q: Do police have to read my child his Miranda rights before questioning?
A: If the child is under arrest, then yes, police must tell the child that he has the right to remain silent, etc. The same rules apply as for adults.
Q: How does he know when he’s under arrest?
A: Police don’t have to specifically spell it out, said Janesville Deputy Chief Dan Davis, but usually it’s obvious that the child is not at liberty to leave. However, the law allows a “temporary detention,” also called a “Terry stop,” which is not an arrest but in which a person can be held if an officer believes a crime might have been committed or was about to be committed.
“The courts do not require that the police specifically spell it out, but as a general practice we do,” Davis said.
Q: What if my son says he won’t talk until he sees a lawyer?
A: Once the child is under arrest, asking for a lawyer is the same as invoking his right to remain silent, and police must not question him further. However, if the suspect says he does not want to answer questions, without referring to a lawyer, the law allows police to return to the suspect after a “reasonable” time and give him another chance to talk. A suspect also may change his mind and decide to talk.
Q: Are police required to inform parents when a child is in custody?
A: There’s no formal rule and no ticking clock for informing parents, but normally Janesville police and the Rock County Sheriff’s Office will call parents in a timely fashion. In rare occasions—for instance when a call to parents might jeopardize an investigation—police may delay calling parents for several hours, Davis said.
The younger the child, the faster deputies would get a parent involved, said Cmdr. Troy Knudson of the Rock County Sheriff’s Office.
“Obviously, there’s big difference between 12 and 16,” Knudson said.
Q: Do police record interrogations?
A: By law, all interrogations of juveniles who are in custody must be audio- or video-recorded, Davis said.
Q: Do police bend the truth to get a suspect to talk?
A: They might outright lie, Davis said. For instance, they might say that the suspect’s partner has told police “your buddy said you did it” when that isn’t so. However, if police go too far, a court could rule that police coerced a confession and throw out the evidence.
Sep 10, 2010 at 8:38 a.m.
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woodyman77: How about I let my sociopathic daugther come live with you? Maybe you can "cure" her mental disease for me. I doubt you would feel the same way about grabbing your kid out of jail if they murdered someone.
Sep 4, 2010 at 1:59 a.m.
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Ya thats because the wolves made sure the kids were okay, and made sure their young were ready for the real world.
Just remember , if you wanna have a big social life, do us all a favor , HAVE IT! Just don't have kids! They are 24/7 365, forever! ebven when theyre older.
what I love is some of the tough talkers," My dad said stay out of trouble , and you won't end up there" BRILLIANT!!! Why didn't i think of that, what a cheap excuse. Evryone out there with kids should start talking to them about REAL LIFE issues at an early age. I'm not sayin kindy, just early enough so your child can have the tools to deal with tough situations, and deal with them in a constructive manner. Sounds corny but it works.
Another thing, if any of my boys EVER get arrested I will make sure that they all know that I am ALWAYS the FIRST person to call, from jail , in trouble, whatever. Any day, any time, any place.I will not bury any of my kids because I didn't do everything in my power to keep them from harm and protect their best interests. My house will always be their home, and I will always be their dad. All the tough talking parents are probably the same ones that let their 6-7 yr old run free with their friend at six flags, or noahs ark all day with no supervision. Seen it everywhere, it's pathetic.
Some of these bad parents should put their lives on hold for about 25 yrs or so and just take care of your kid, your longlasting contribution to society.
BTW, wolves and apes could o a wayy better job than many of the trash ive seen.
Sep 3, 2010 at 9:33 a.m.
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There's also situations where children were practically raised by wolves and turned out as lawyers, doctors, and Ph.D's. Even more amazing, they turned out to be great parents.
Sep 2, 2010 at 1:34 p.m.
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woodyman77...That is your opinion...I already gave mine! When your kids are out and about with friends and such peer pressure can kick in and when you children do bad things....you did not tell them to do it...they did it on their own! They need to control their own actions!
Sep 2, 2010 at 1:22 p.m.
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That's a mind-set that'll get your children far!
Sounds like a guy on another string who said that communism was a religion.
What a bunch of whack-jobs.
Sep 2, 2010 at 1:03 p.m.
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'Being a better parent has NOTHING to do with what your kids do!'
ummmmmm. yikes.
Sep 2, 2010 at 12:50 p.m.
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Dont agree w jvlmom at all. I grew up in a home of 3 kids w a single mom, and we all had our ups and downs,but we had good values and have all turned into good people. If youre gonna say good parenting has NOTHING to do with how you turn out, I would disagree with that wholeheartedly.
Sep 2, 2010 at 12:39 p.m.
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cynicaleye....Being a better parent has NOTHING to do with what your kids do! My parents raised all 3 of us the same way and were very stern with us.....2 of us kept out of trouble and minded the rules and such...1 of us was ALWAYS in trouble and my parents did everything they could to try and get my sister some help. Regardless of what they did she was STILL causing problems and getting into trouble! Is there a strike against you if you have a troubled life etc....YES...there is BUT there are also situations where that is NOT TRUE!
Sep 1, 2010 at 11:07 p.m.
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Way to go Schultzie!
Great story. An absolutely solid story full of a lifetime of education. Flipping awesome. Serious submission to award boards, for sure.
Sep 1, 2010 at 8:24 p.m.
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Don't forget the officers spend many hours training on interrogation techniques, are allowed to lie about what they know, are allowed to lie about what will happen, can keep a person physically confined (like in a locked police car, or locked interview room) without actually having them "in custody" and if they resort to physical violence, it will be the police officer's word against the kid's.
Sep 1, 2010 at 7:59 p.m.
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I am not saying anything about disrespecting law enforcement. I am just giving my opinion on why I think a majority of them have a complex that makes them crave and sometimes abuse athority. A great many of them believe that they themselves are above the law also. I will raise myt boys to respectthe law and law enforcement officers, however I think many are spot on when they speak of an attitude problem. Just because they do a thankless job doesn't mean they are above criticizm. Treat people more like equals , and less like subordinates, maybe you garner more respect. Personally I have had few run ins w the law , but the speeding tickets , and tail lights out I have been pulled over for , the officers have always been short and rude. It may not be their job to be nice but they might wanna try to be less miserable. JMO
Sep 1, 2010 at 6:48 p.m.
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sometimes they can be polite but our local law enforcement has some serious attitude problems
Sep 1, 2010 at 6:16 p.m.
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A person, juvenile or adult, when questioned by the police for whatever reason, can be polite and respectful while at the same time asserting their constitutional right to remain silent or request an attorney.
The problem usually arises because the officer quite often takes it as a personal affront when a person does so.
In that case, their is something wrong with a person who would be offended by another person availing themselves of a constitutional right afforded all U.S. citizens.
Sep 1, 2010 at 2:52 p.m.
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woodyman - I truly respect your post about being close to your kids and not having them fear you; I couldn't agree more. I think that's key to keeping them out of trouble, also. However, I disagree with your statements about the police. I think we should encourage our kids to be honest - it gets them out of more trouble than it gets them into. If we teach them not to respect police officers, then we teach them that authority figures don't matter, and that's when they get into trouble. We need to lead by example and not make fun of cops or be disrespectful towards them. The vast majority of them do a very thankless job, especially when our smartass kids get in trouble with the law.
Sep 1, 2010 at 2:40 p.m.
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I will tell my sons the same thing one of my boyhood friends said his dad did:
"If you're smart enough to get into jail, you're smart enough to get out. Don't bother calling me."
Somehow, he never saw the inside of a jail.
Sep 1, 2010 at 12:50 p.m.
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cynicleye: I am a parent of a troubled teen. I am one of those that acutally did everything possible to try to help her. She was in counceling, day treatment, a residential treament center, you name it. I have spent thousands (litterally) on her to help her. She still got into trouble. I had alarms on the doors and the windows. She was watched as best as we could when she was at home. What we needed was help from her probation officer and the court system. Never got it. She is in a group home now and STILL getting into trouble with no parents around! My point is, there are a lot of parents out there who don't give a crap about what their kids are doing and haven't lifted a finger to try to steer their kids in the right direction, but please don't generalize about all the parents being bad.
Sep 1, 2010 at 11:46 a.m.
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I could hardly believe my eyes when I saw this article. Are there greater numbers of juveniles in Rock County being arrested as compared to other areas? If that is the case - you should have an article about that too. What are they being arrested for? What can parents and the community do to reduce the incidents? Get to the root of the problem. (you could do a "series" on juvenile delinquents.)
Sep 1, 2010 at 11:43 a.m.
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What to do if your kid is arrested? How about you start being a better parent?
Sep 1, 2010 at 11:19 a.m.
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flying_monkeys: I USED to think as you do. Thank goodness that I wised up.
Sep 1, 2010 at 10 a.m.
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I also think almost every cop, sheriff , trooper , has some kind of athority complex. Not all of em just most of em. believe it. They treat no one with respect, ye we should respect them. The main point is, stay out of trouble and you won't have to deal with them.
Sep 1, 2010 at 9:57 a.m.
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Agreed, "you have the right to remain silent" if you give up that right, anything you say can and will be held against you in a court of law. Thats pretty cut and dry.DO NOT TALK TO A COP, EVER. They are not to be trusted. Incriminating your self is one of the dumbest things you could ever do.
Sep 1, 2010 at 9:53 a.m.
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BTW- For some reason if any one of my sons gets into arresting trouble, I will be there to get them in a minuute. I only hope if something like that were to happen they would call for my help.. Leaving them to "get out themselves" is simply not an acceptable answer for me. Just feel that as long as I am alive it's my primary duty to make sure they're ok. The "let em figure it out " theory just doesn't jive for me and kinda gets at what im talkin about. To act as a tough parent doesn't teach your kids to stay out of trouble, just teaches if you get in trouble, well desert you.
Sep 1, 2010 at 9:46 a.m.
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Law enforcement is a revenue generating machine. They don't care about you, your situation, or even being human. They want your money to justify their existence. DA's need arrests so they can get voted in the next term, they can brag "I put x number of people in jail, I am doing my job." What you don't know is that they will go to any extreme to make that number bigger. Cops are not your friends. They are the henchmen of the DA. The statement "Am I free to go now?" makes the cops either arrest you, which you should immediately shut your mouth and say, "I want my lawyer", or release you. Either way, shut the mouth and don't buy into any of their threats. They may say to you, your only making this worse by not telling us, that also is not true. You can inadvertently incriminate yourself by speaking. And BTW the SCOTUS, ruled recently that the cops don't have to read you your rights outright. It is up to you, the citizen to invoke those rights in an arrest situation... http://www.nytimes.com/2010/06/02/us/02s...
Know your rights...
Sep 1, 2010 at 9:45 a.m.
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I can't understand why disciplining your child MUST be being able to beat them. I grew up in a spanking household, did it work? Kinda. I stayed generally in line , but still did a bunch of stuff that I shouldn't have. The point being , there are pelnty of ways to discipline your kids without BEATINGS. I as a 34 yr old man, gain nothing in asserting myself physically against my 5 yr old boy. He acts up, sometimes in public. I still have never thought to physically discipline him. What are you teaching him/her? That when you get angry there is no other option than being violent? Sorry , but if you pay enough attention to your kids, punish creatively, i.e. taking away any and all privelidges, and stay involved in their lives, your chances of having a kid that gets into the kind of trouble that gets him/her arrested. I just think there are an awful lot of lazy parents out there. I have seen them, they are everywhere. I by no means am a perfect parent, but I will not physicallyt discipline ANY one of my 3 boys, EVER! I will NEVER not be close and involved in my boys lives, their growth and development into fine young men that contribute to society is my wifes and my responsibility. There is NO such thing as bad kids only bad parents. Sorry if some of you get insulted, but kids aren't bad. They observe certain behaviors and react. Every person is an individual, and are a product of values theyv'e been taught and learn.
I have been coaching youth sports for the better part of 20 yrs. The kids that have parents that are always involved, and keeping their kids involved in activities, are always the kids with the best attitudes and seemingly the ones with the best shot of a succesful childhood and beyond. I do understand there are kids with real disabilities that make it more difficult for them in certain circumstances. I also am a firm believer that all behavioral disabilities are terribly over-diagnosed, making it hard to know which kids are truely disturbed and the one that just dont want to take care of their kids. I have seen too many kids on meds because their parents didnt want to take responsibility.
I by no means am a "perfect" parent. However,it is my goal to be just that. Ever since my oldest son was born, my life has been about raising my boys properly first, and everything else is second. I learn something new everyday. Try to read as much as I can, and be a person my sons can be proud of and look up to. Beating any of em just because they won't do what I want em to whn I want em to do it, just doesn't seem like a contructive method of punishment. I don't want any of my kids to have fear of me ever. It would break my heart if they ever were.
Sep 1, 2010 at 9:41 a.m.
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Third_eye - The old "not my kid" syndrome.
Sep 1, 2010 at 9:41 a.m.
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Easy answer . . . don't do anything that will land you there.
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My parents always told me, "You get into trouble, sit it out. You didn't have my help getting in there, you don't need my help getting out".
Sep 1, 2010 at 9:37 a.m.
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im w merrypoppins. its job security. they are closing 8 prisons in the netherlands because they dont have enough criminals and laying off 1200 people as a result. hard to believe from a country with legal herb huh?? they know what will happen if they run out of criminals.
http://www.nrc.nl/international/article2...
Sep 1, 2010 at 9:36 a.m.
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The irate father that opens the story has most likely rescued his kid from consequences many times before by demonstrating his bullying behavior.
The lack of consequences for previous behavior contributed to the circumstances that led to the kids arrest.
Kids truly are a pay me now. (Take the time to guide and instruct) or pay me later (with a visit to the Police Department) proposition.
Sep 1, 2010 at 9:21 a.m.
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Judging on the actions of "the man", acting all emotional and not logical, that is probably a major contributor on why his child is in there. If your too emotionally unstable to deal with anything and be a parent how do you think your kids are going to act?
Sep 1, 2010 at 8:58 a.m.
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Did you know that if your child says they want an attorney, they are appointed a public defender that the parents have to pay for even if the crime is against the parent!
Sep 1, 2010 at 8:37 a.m.
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The population of Minnesota and Wisconsin both are a little over 5 million people. (Sister States). Wisconsin has 23,000 people incarcerated in prisons while Minnesota has only 7,500. Although other counties in Wis deliver more criminals to prisons than Rock Co, Rock Co leads the state percentage wise. Although most Cops are honest a lot of them are nothing more than thugs, by putting more people in jail on trumped up charges it justifies the officers existence and possibly add a few more Cops so that their Job is even more secure. Same way with District Attorneys, the more supposed criminals we have the more their Job is secure combined with a Power Trip. The losers are the Incarcerated and the Tax Payers.We have to have Law and Order, otherwise we would have Anarchy but also have to be aware of the overzealous Police Detective or Police Officer and crooked D.A's. So keep your mouth shut even if you are guilty and especially so if you are innocent
Sep 1, 2010 at 8:05 a.m.
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Just a few thoughts on this all. Medman: Kudos to you! Your statement "parents have no rights on disciplining children these days because dudly-do-right says that pretty much is child abuse. give me a break. seriously. lets find ways to give our kids a break because they messed up" hit the nail on the head. My daughter abuses the system along with many, many other children. I don't know where kids are taught that parents can't touch you or yell at you because that is abuse. Anyway, my daughter is a trouble maker to the extreme. For her felony crimes she sat I think like 1 day in juvenile detention jail and ALL the other times she sat in the "soft side." She and many other kids do not know the meaning of consequences for their actions. I begged her probation officer to put her jail for sending me to the emergency room. Nope. The police told her probation officer she needed to go to jail. Nope. Do you know that the soft side of juvenile detention is coed? All day, boys and girls "table talking" as the guards call it. My daughter met her "boyfriend" there. Guess what? She gave him our address and he broke into our house! He at least is going to the juvenile jail. Anyway, THE POLICE ARE NOT TO BLAME...the juvenile probation department is. The cops want to get these hoodlum kids help and off the streets but their hands are tied.
Sep 1, 2010 at 8 a.m.
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Best tip to anyone, kids, adults, boys or girls, men or women...( and this maybe the # 1 tip) ... DO NOT DO ANYTHING THAT MIGHT GET YOU IN TO TROUBLE.. Plain and simple
Sep 1, 2010 at 7:56 a.m.
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> Q: How does he know when he’s under arrest?
> A: Police don’t have to specifically spell it out...
"Am I free to go?" is one of the most important questions to ask.
I'm glad to see that most of the attorneys recommend asserting one's rights. There are absolute horror stories about how police coerce confessions from absolutely innocent people. Is this the norm? Absolutely not; however, it's an absolute travesty every time it happens.
Sep 1, 2010 at 2:50 a.m.
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One 'subtlety' of Miranda is that it includes two 'rights'--the right to remain silent, and the second right--the right to have an attorney present during questioning. If you tell the cops you don't want to talk to them, they can come back hours later and try again. However, say the magic words "I want an attorney", and they (for the most part) can't initiate an interrogation attempt again until an attorney is present. But...our High Nine (U.S. Supreme Court) is constantly 'adjusting' Miranda to make it easier for courts to allow confessions. Many officers can't/don't keep up with those changes--I can't imagine how a 13 year old is supposed to understand it all.
Sep 1, 2010 at 1:58 a.m.
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Cops lie. Just wanted to make sure the kiddies know that.
Sep 1, 2010 at 1:57 a.m.
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Cops lie. Small town, big city: cops lie. I told my kids physically cooperate so you don't get tasered or shot but don't say a word. They know the name of two lawyers, ask for them to be called. About raising your kids to stay out of trouble: I was questioned about what someone did and I knew nothing about it. My only time being a suspect and I was in my mid twenties. Cop said coworker did it but would name me. I held fast. Come to find out she had no involvement either. Cops lie.
Sep 1, 2010 at 1:11 a.m.
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actually you have very few rights in rock county ive noticed,an as far as not putting 16 an under in adult jail,thats another lie,an yes they do.you just dont know about it,unless its your freind or family member.dont let them kid you,there are alot of great officers on the force,probably 90 percent of them are great guys an gals,unfortunately there is that 10 percent who is not.we have a good police force to bad there are a few bad apples in the bunch with serious attitudes,but i guess thats in any work place,its to bad the public has to pay for it.id like to commend all the really good officers in janesville an tell the ones with attitude problems,that you could learn alot from your co-workers.
Aug 31, 2010 at 10:41 p.m.
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Wish I had talked to my kid about this. I agree, don't say anything until your lawyer is there. Any comment can be taken out of context, especially if the child is there because they were with someone who actually committed the crime. Why risk it.
Aug 31, 2010 at 10:26 p.m.
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are you serious?? tips on what to do when your kid gets arrested.. seriously... how about discipline them like we were growing up. granted i was born in 1986, but i still have the fear of god in my parents. i wasnt beat or anything, but they explained and showed us how much it would hurt them or our grandparents how we ruined their name. this is ridiculous and i lost respect for the paper for even writing on this. parents need to stop letting their kids walk all over them. social workers need to be taught that parents have some rights on how to discipline children. im not sayin beat them, but for real, anything is considered child abuse these days. police need to stop going to schools and preaching about child abuse. i have seen cases from working at the hospital and even walking in the grocery store where kids told their parents that they dont have to do anything and they cant make them. its true, parents have no rights on disciplining children these days because dudly-do-right says that pretty much is child abuse. give me a break. seriously. lets find ways to give our kids a break because they messed up. way to go Gazette.
Aug 31, 2010 at 9:38 p.m.
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Good grief! I think everyone is missing the bigger picture here. Did anyone actually read and comprehend the title of this article? It's "My kids been arrested...what to do next"? Say that out loud a few times and let it sink in. If this is what is being printed as guidelines due to the frequencies of the obvious problem, then we as parents need to step back and re-evaluate our parenting skills.
Aug 31, 2010 at 8:54 p.m.
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Defense lawyers get a bad rap but the defense lawyers in this article are the only ones who gave good, unbiased advice. If you get arrested yourself and think you're suspected of some crime, are you going to talk without a lawyer? Doubt it. Why would you have a different standard for your kid? Some say "the kid deserves whatever comes of it" but I'd guess 99% of the parents out there would rather give out their own discipline, or at least know what the penalties could be before just saying let the system do what it will. Is it really news that law enforcement officers want kids to talk? Or that a former prosecutor who represents the Janesville School District thinks kids should talk? Of course they do! If officers are talking to your kid, they have their reasons. If those reasons are already enough to arrest your kid before they start talking to your kid, they are going to arrest your kid anyway, and the only reason they are talking to him/her is to get a confession to lock up the case. You gain nothing by talking. And if the reasons for questioning your kid aren't enough to arrest your kid in the first place, then the police are looking for a confession so that they'll then have enough to arrest. Again, you gain nothing by talking. The defense lawyers are right and any kid reading this article should only listen to them.
Aug 31, 2010 at 8:15 p.m.
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Slimy lying criminals do not belong in a uniform interrogating minors.
Aug 31, 2010 at 7:49 p.m.
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Professor...well played thank you
Aug 31, 2010 at 7:15 p.m.
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If you are being questioned, you can count on one thing.
That officer does not have your best interest at heart.
Aug 31, 2010 at 6:50 p.m.
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And let's see..."Your vote counts"..."All men are equal"...."Justice is Blind"...."The police are your friends"....apologies to George Carlin....
Aug 31, 2010 at 6:37 p.m.
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About the comment that the article made about police lie to get what they want to hear. I know from personal experience that is very true. But if you lie to the police you will charged with a crime. Doesn't seem fair.
Aug 31, 2010 at 6:27 p.m.
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Tell the truth... no matter what.
If you are telling the truth, you will either be arrested, or not... depending on "the truth".
Waiting for "help" in case you are in trouble, means YES... you ARE in TROUBLE-
deal with the consequences of your actions!
It's all black & white, yes or no, 1's or ZERO'S.
If telling the truth gets you "in trouble"...
you most likely deserve that "trouble".
IMHO.
Aug 31, 2010 at 5:47 p.m.
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Good article. I found these videos good, too:
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Law professor - Don't Talk to Cops, Part 1
http://www.youtube.com/watch?v=i8z7NC5sg...
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Police Officer - Don't Talk to Cops, Part 2
http://www.youtube.com/watch?v=08fZQWjDV...
Aug 31, 2010 at 5:45 p.m.
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JPD would be well advised to re-read State v. Jerrell, a WI Supreme Court Case from '04 http://www.wisbar.org/res/sup/2005/2002a... Disallowing parental contact is simply not quite as clearcut as D.C. Davis would like to imagine.*****Regarding juvenile interrogations, many cops, and most adults don't understand Miranda--what in the hell makes anyone think that a 13 year old, deprived of his/her parents counsel, would understand it enough to make a rational decision about talking to the police?
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