Legal Question in Criminal Law in California

Child represented by parent

Child (16 yrs old) receives traffic ticket for speeding and is required to appear in superior court, traffic court room, with a parent, gardian or attorney. Child appears in court with mother. Child's mother wants to assist her child in cross examining the police officer. Judge asks her if she was an attorney, when she answers no, the judge does not allow her to speak, even though she is required to be present. Has the child been deprivied of representation when the judge disallows the mother from speaking on behalf of the child? Is it reversable error to deny the mother the ability to speak on behalf or her minor child.


Asked on 6/15/05, 11:47 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Child represented by parent

While the mother may be responsible for paying any penalty the court assesses against the child, the law recognizes that she and the child are two people rather than one. The mother cannot represent her child in court because only attorneys are allowed to represent the interests of others in legal proceedings. In fact, this is essentially the definition of an attorney -- someone authorized by law to act as another's legal representative.

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Answered on 6/21/05, 9:46 pm


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