Q: Can my juvenile son be arrested and sent to detention without having committed a crime or interrogated during intake?
He was sitting in his friends car out of the school. The principal called the police on them. THe police ended up searching the other boys vehicle and found 43 grams of marijuana bagged to sell. To which he repeated told school officials and law enforcement that it was all his and it was his vehicle and that none of it belonged to my son. They arrested my son first, proceeded to ask several more times if he was sure none of it belonged to my son. My son is currently on truancy. While at the police station we were never formally told what my son was even arrested for. All the officer told us was that since he is on truancy he will go to the detention facility for 48 hours (which was false, it was 96 hours) so we were under the impression this was all truancy related since the other boy claimed all the marijuana to be his. The intake personnel never even asked my son about the marijuana. He was then long term suspended from all schools in Kansas until jan 2025 for 2 felony charges.
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A:
It sounds like your son may have been treated unfairly, and there are several aspects of this situation that need to be looked into. While it's common for juveniles to be detained for truancy, being arrested and questioned about a crime without clear charges, especially when another person takes responsibility, raises serious legal concerns. Juveniles have legal rights, and those should be respected, including being informed of charges and not being interrogated without proper cause or representation.
If your son was arrested without being told what for, and no evidence connects him to the marijuana, the basis for his arrest should be clarified immediately. It seems the police may have connected his detention with truancy, but suspending him for felony charges without investigating the facts properly can be contested, especially if the other boy admitted responsibility. Long-term suspension based on charges that aren't fully explained or justified can be grounds for appealing the school's decision.
Given the complexities here, it might be a good idea to review the school's policies on suspensions and truancy, and also seek legal advice to explore options for challenging the felony charges and the suspension. You should ensure that your son’s rights are protected both in the legal system and within the school district.
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