Make sure you invoke your right to remain silent
Decline to consent to a search of person or property
Retain an attorney
Don’t tell on yourself
One way to keep harmful evidence of a crime from being obtained by law enforcement is to not tell on yourself. If law enforcement personnel are already speaking with you or searching your property, it is already too late. The best course of action is to remain silent and speak with an attorney before answering any questions. This is true for the innocent along with the guilty. You may wonder if law enforcement can question your children and family. While they can certainly ask questions of adult family members (and friends, for that matter), they probably require parental consent (or the consent of another guardian) in order to speak to a child. If you are a single parent who is the sole caretaker, then they probably require your consent prior to doing so. Do note that family members sometimes think that they are doing the right thing by speaking openly and honestly with law enforcement. They should be advised that their comments can be used as evidence against you in a criminal proceeding.
If you or someone you know has been arrested, Contact us for more information and guidance on the next steps.
Parents of Offenders: What To Do When the Police Come Knocking
The American criminal justice system is a cold and cruel machine. The system is designed to a) learn of the crime, b) locate and apprehend the bad guy, c) present a case for the bad guy to be found guilty in a court of law, and d) sanction the then criminal. It’s just this simple. The American criminal justice system isn’t about fixing people, it’s about punishing people. And, sadly, even with this understanding, most Americans still support it. After all, the cops are the good guys, right?
This article presents an example of a real-world situation in which a child has committed a real-world crime. It suggests a quick method of mitigation, and then provides steps to take if mitigation is not possible. The idea is that through the example presented, parents can visualize a situation they could theoretically one day be exposed to. And then, in an effort to prepare parents for if the worst is to occur (a true criminal investigation into a serious violation of criminal law), steps are given to help shield a child from criminal liability and exposure.