Legal Question in Criminal Law in New Mexico

my son

my son is 16 yrs old and was arested for public affrey & aggavated assault. this happened at a local restaurant during his lunch period.i was told about the incident by a person who heard it on a scanner& called me at work. when i went to the police station the girl sent me to the detectives station.I ask for my son and they said they where in the middle of an ivestigation. i ask if their were any charges against my son and they said no .They where questioning my son and had him sign a waiver of rights . i was in the station at the time he was being questioned but he was not told that i was thier. Three officers were there when i was told that there were no charges at that time yet the towing report said he was allready arrested. Is there something i can do about the way this was handled, as a parent i feel my right have been taking away. my son is only 16 and yet the detective tried to say he is an adult. answer asap. THANKS AND GOD BLess. this is his his first offence.


Asked on 4/22/01, 3:52 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: my son

Whether or not a juvenile must be advised by law enforcement that s/he has a right to have a parent present, particularly when the parent is present and asking for the child, is pretty well settled in the law. The juvenile has the right to have the parent with him/her during questioning.

The decision of whether or not to charge a child as an adult is not the decision of law enforcement, but rather that of the DA, initially, and the courts if challenged.

Aggravated assault could result in a child being charged as an adult under certain circumstances such as if there was serious bodily injury, but the child has the right to have the decision reviewed by a court.

Call us if you wish to discuss the matter further.

1/800/858-3636

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Answered on 6/14/01, 5:22 pm


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