Legal Question in Juvenile Dependency in California
I caught my 13 yr old son fondling his 8 yr old sister i called the police and they took him to juvinile now they wont release him they are trying to charge him as an adult how do i get my son out of the system
2 Answers from Attorneys
Actions have consequences. The system will deal with him their way, and his life is probably over. Probably he will have to be unemployed his whole life and live in the desert his whole life as a registered sex offender. I, of course, didn't witness whatever happened in that bedroom, and I'm not enough of an expert on normal vs. abnormal sexual behavior to judge whether the best first move was (or was not) to call the police. Maybe that was the right thing to do. If you had done nothing maybe they would have taken Little Sister away, saying you knew of the abuse and refused to protect her. The best thing you could do would be to get a good non-court-appointed lawyer for him.
I would take a different view. Is sister prepared to testify? Are you prepared to testify, or have you forgotten what you saw? They have no case without witnesses prepared to stand up in court and testify. You have a memory that might not recall the event as you think you saw. And, what did you REALLY see? What is a childhood " will let you see mine if i can see yours" kind of event or much more serious and evil? It is true that you might have seriously exposed your son to a system that might not be very kind. I would not have done that, but that was your choice. I suspect that there might be some underlying problems with the boy??? In any case, you do need a lawyer who can manage this for you...get the boy our of juv hall on bail. Finally I am suspect about charging him as an adult when he is 13. He is just barely over the age where a presumption can be drawn that he actually knew what he was doing was a crime. good luck!