Legal Question in Criminal Law in California

Minor's rights

My son who is 17 was charged with assault with a deadly weapon (inflicting arm injury on a victim) with a bee bee gun. The victim did receive minor injury to his arm, but was not seriously injured.

Question: If my son signed a waiver to have a parent present when being questioned, is it valid at age 17?

If he did not sign any such waiver to have a parent or other adult present, is the case valid at all if he was questioned without a parent or guardian present?

Can you please respond ASAP.

I am trying to have the case busted down to nonresident community treatment (it's his first offense) and this information would help me.

Thank you so much.

Sincerely,

--name removed--Smith


Asked on 9/12/06, 10:15 pm

2 Answers from Attorneys
Samuel Lovely Law Office of Samuel Lovely

Re: Minor's rights

Generally, a contract entered into by a minor is not automatically void, but is voidable due to the minor's lack of adult capacity. The same theory would likely govern here. Generally, negotiations with the District Attorney are more successful when conducted by an attorney (it sends a message they'll have to work to get a conviction). We offer a free consultation and our fees are very reasonable.

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Answered on 9/13/06, 1:09 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Minor's rights

You should have taught your son not to respond to questions from police except to ask for a lawyer. I don't solicit business via LawGuru -- it is against our terms of service -- but you had better get a lawyer and fix this. You will not be successful by yourself. If you mess this up he'll never be able to work.

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Answered on 9/13/06, 1:23 am


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