Legal Question in Criminal Law in Wisconsin

Child in trouble

We have an 11 year old son. As a joke, he held a small pocket knife (the blade open was a bottle opener) to the throat of a child. The parents of the child are pursing the matter and although the local police department found there was no malicious intent on the part of our child, the other child's parents wish the police department to file with the court system...what can we do to prevent this from happening and what is potentially the worst case scenario


Asked on 11/20/08, 5:59 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

Threats with Knife by 11 Year Old

You need to retain an experienced criminal attorney for your child as soon as possible. Skillful intervention by an attorney prior to charging can sometimes result in the authorities taking a second look at the situation before beginning any sort of judicial process. Except for grave offenses, 11 year olds normally cannot be charged with juvenile delinquency. However, they can still be charged as a child in need of protection or services (CHIPS) which can still result if long term placement outside the home iN facilities such as residential treatment centers. One legal strategy might be to present prove to authorities that no "services" are needed for the child because he is otherwise normal and well adjusted but for an isolated incident. My online comments here are not intended as legal advice; you really therefore need to make an appointment to see an attorney.

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Answered on 11/30/08, 4:16 pm


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