Legal Question in Criminal Law in California
Caught with Drugs at Jr High School
My niece attends intermediate school (Jr. High) and is 12 years old. She was recently caught with a group of other kids which had marijuana in their position (in her backpack). The principal questioned her, took her cell phone and looked at pictures that showed the kids smoking. The principal contacted her parents, and notified them that the police will be involved and have been contacted and she will be expelled. My question (finally) � Since she is a minor can the parents tell the police that she is not going to answer any questions, can they force her to answer while threatening to charge her? What advice can you give for this terrible situation?
2 Answers from Attorneys
Re: Caught with Drugs at Jr High School
Advice? Hire an attorney that knows the laws and regulations, so that IF there was a violation, it can be used in her defense during the administrative process she has the right to pursue, and in the criminal case that may be brought against her.
Everyone has the right to exercise their 5th Amendment rights to SHUT UP, and hire an attorney to speak for them. She potentially face charges that could put her in jail, and most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative'.
Re: Caught with Drugs at Jr High School
Advice? Hire an attorney that knows the laws and regulations, so that IF there was a violation, it can be used in her defense during the administrative process she has the right to pursue, and in the criminal case that may be brought against her.
Everyone has the right to exercise their 5th Amendment rights to SHUT UP, and hire an attorney to speak for them. She potentially face charges that could put her in jail, and most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative'.
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