Legal Question in Civil Rights Law in New Mexico

'' justice''

One of my friends sons is being charged with criminal sexual contact and he's being charged as an adult. He is 15 years old. There has been no trial and no hearing for this matter, yet the local papers have printed these allegations and included his name. Can the newspaper print his name even though these charges aren't true and he's only 15 years old? Also, there has been no hearing to prove him innoccent and he has been kept in a correctional institute ever since these allegations have been made because he is so called a ''threat to society'', can they do this to him? In addition, the bot was at school when authorities questioned him and he was without his parents, is this legal? Please help!


Asked on 7/18/01, 2:38 pm

1 Answer from Attorneys
Dennis W. Montoya The Law Offices of Dennis W. Montoya

Re: '' justice''

In all jurisdictions with which I am familiar, the names of juveniles are protected from disclosure by law, especially when there's only a charge pending, and no conviction. However, this is a responsibility of the courts and the juvenile authorities (protecting identity). Newspapers are very protected under the First Amendment, and may not be liable. Responsible journalists, however, will not print the names of juveniles, especially before there is a finding of guilt.

Read more
Answered on 7/18/01, 4:00 pm


Related Questions & Answers

More Civil Rights Law questions and answers in New Mexico