Legal Question in Administrative Law in California

Minor arrest

My younger sisters were both arrested in the city of Anderson they are both minors. They were arrested without my mothers knowledge. They drug tested them (blood and urine) without my mothers consent. What are my sisters rights, they are 14 and 16 years old. The 14 year old was arrested after being jumped by 3 other girls, (unsure of age). They would not allow my mother to press charges either. What are the rights of minors and parents when a minor is arrested with the parent not around.


Asked on 1/06/08, 5:51 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Minor arrest

They have the right to get counsel and defend the criminal charges. Then, IF they have facts, evidence and defenses to the charges, counsel can bring appropriate motions or use them at trial.

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Answered on 1/07/08, 2:54 pm
George Shers Law Offices of Georges H. Shers

Re: Minor arrest

The police can arrest anyone who has committed a crime, without regard to age. If a 16 year old kid is shooting at people with a rifle, do you think the police have to first contact his parents before they can stop him and arrest him? The issue or parental consent comes up when the police need to get permission, such as searching the house, etc. you do not cite enough facts to know what the answer to your specific question is. Were they arrested for being in a fight and while being booked they were given the tests or forced to take the tests before arrest? Were they asked to give their permission and could not be expected to give an informed consent? What were they arrested for?

Your mother can not "press charges", as that if what the police and DA does. She can file a complaint, try to make a citizen's arrest [except she did not see the crime so probably can not make an arrest.

How reliable is the 14 year old. Maybe she was not jumped [if three girls were jumping her she should have a lot of injuries]. How bad is their drug habit and why are they stupid enough to go into a public area while on drugs? How badly were they injured by the Police--it probably is not worthwhile to persuade a case.

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Answered on 1/06/08, 7:32 pm


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