Q: My 16 year old was charged with 3rd degree assault. No priors she is a good kid. What do I need to do??
She recently had a fight after school with a another girl. After the altercation the police interviewed several witnesses and said they will be charging. How can I protect her? What are her legal rights as a 16 year old.
A: Assault in the Third Degree is a felony offense. It is very serious and she needs an attorney. At this point, I assume that her case will be heard in juvenile court, but it is hard to know without more information. An attorney can help to protect her rights and to help minimize any consequences that she be might be facing for what occurred.
A: This is a serious felony offense. The best thing you can do for your daughter is help her retain an attorney. An attorney will be able to ensure her rights are protected and may even be able to keep this from resulting in a conviction.
A: Sixteen year olds have the Constitutional rights we are each born with, plus some additional rights as juveniles. However, all rights can be waived, given up, tossed carelessly away. And police will assist in that, if she lets them. The juvenile court should appoint a public defender after the case is charged. Or she can retain a private defense attorney (with financial help, of course.) Until then, she should at least avoid making any statements to police. None. Zero. Words should emit from her mouth. At all. Complete silence without exception. And she should avoid saying anything about it to anyone at school, online or anywhere else!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
