Richmond Criminal Defense Attorney Brad Goodwin was recently interviewed by Kelly Hall from Richmond Family Magazine on what to do when your child is arrested. While every parent hopes this never occurs, it is important to know your rights and proper steps to handle an arrest of a loved one. Under the magazine’s Legal Ease section, in this article Mr. Goodwin gives his suggestions on what actions both children and their parents should take if a child is arrested:
For the kids:
“When dealing with law-enforcement officers, be polite and respectful. ‘I cannot stress this enough’ Goodwin says. Mouthing off or otherwise displaying blatant disrespect can only result in negative consequences -so be courteous.
You can respectfully decline to speak. Remember that anything you say can be used against you, including statements made before arrest. Goodwin warns youth to ‘be cooperative, but not to the extent that it’s incriminating.’ In other words, you can choose to refrain from talking, stating something like, ‘I would like to decline from speaking anymore.”
For the parents:
“Hire an attorney. If your child gets arrested, turn to the professionals for help. There are usually alternatives available in the juvenile courts that most of us are unaware of, and a lawyer can best help protect your child’s legal interests.
Be prepared to defer to the lawyer. You may not be a major player at meetings with the lawyer. Despite the fact that you will likely be footing the legal bill, your child and the attorney have attorney client privilege, which would be broken if you were included in every conversation Goodwin warns that you will probably be asked to leave the room during certain parts of a legal meeting, which is for the protection of your child.
Arm the attorney with information that could help your child in court. Goodwin suggests providing good school records and assurances of at-home consequences for delinquent behavior, such as loss of driving privileges. Also, a willingness on the part of the child to participate in alternative service, such as volunteering for a local nonprofit, can help. An attorney can use that information to try and facilitate a more beneficial legal outcome for your child.”
The complete article can be found here.