Hurricane Katrina: Legal Issues - Columbus School of Law

Right to a court appointed attorney if you can’t afford one on your own
If you do not have enough money to hire a private lawyer, the state will appoint your child a lawyer for free. These
lawyers are called “public defenders” and they are assigned to your child’s case by the youth court judge. If your
child is arrested, you should call the public defender at the youth court and ask the public defender to talk with your
child.
What Will The Police Officer Do With Your Child Once He Is Arrested?
The police officer has a few options regarding what to do with the child after questioning. The police officer may:
1.
Release the child and take no further action.
2.
Release the child but refer the child (and parents if child is arrested) to different services in the community
that provide counseling, employment, temporary “shelter care” or other help.
3.
Release the child and send a request in for youth court action to the juvenile probation officer.
4.
Take the child directly into custody to the juvenile probation officer for booking into the juvenile justice
detention center to be detained. The police should only detain (keep) a child if the child is accused of
committing a serious crime, has a prior juvenile record, or the police can’t find a parent to take the child.
TIP: Even if you are angry with your child, if you can avoid having him/her in a detention center it is usually much
better for your child in the long-run (once a child is kept in detention, the child is much more likely to stay locked up
than to get some kind of community-based treatment).
If Your Child Is Stopped On The Street By The Police Does She Have To Say Anything?
Your child has to provide identifying information such as name, age, and address. The police officer may ask
for an explanation of your child’s actions if the police officer has probable cause to believe that your child has
done something wrong. But, your child should never give more information than identifying information and
should always ask to speak with a lawyer.
Tell your child to be polite and tell the truth about his/her name, address, and parents, but not to talk about
anything else.
Your child should ask for a lawyer and ask to call you.
NOTE: If your child is in danger and needs help, then your child should call the police and share all important
information.
Should Your Child Talk If The Police Tells Her That They Will Go Easy If She Talks?
NO!!! The police may tell your child that they will go easy on her if she talks. The police may tell your child
that someone else has pointed the finger at her and unless she talks, it will be worse. It makes no difference.
YOUR CHILD SHOULD NOT TALK!
Your child should ask for a lawyer, and ask the officer to call you.
Should Your Child Talk To The Police If He Has Not Done Anything Wrong?
No!!! Your child may have done nothing wrong, and may be completely innocent. This does not matter.
Your child should not try to talk his way out of trouble.
Even if your child has not done anything wrong, what he says to the police may be misinterpreted or misused.
It will not help your child to cooperate with the police without first talking with a lawyer or his parents!
Should Your Child Talk To The Police When They Demand A Confession?
NO!!! All your child needs to say is: “I have the right to remain silent and to talk with a lawyer. I will not talk
with you until I talk with a lawyer.”