Legal Question in Criminal Law in California
laws
my 12 year old is going to court for a felony and hispublic defender wants to question him alone.but i want to be present during this.am i allowed to be there are not?
1 Answer from Attorneys
Re: laws
Yes, you are entitled to be present at ALL times that your child is being 1-questioned by police-but, the child must adamantly request the presence of their parent; 2-questioned by any other adult (whether friend or foe); 3-attending any official hearing ( formal or informal-court hrgs especially included).
In fact it is questionable whether it may be, from a dependancy court (Dept. Children / Family Services perspective), considered neglect for you not to assert such rights as the child's guardian in such circumstances (depending, of course, on the severity of the circumstances).
I will say this, however; many times a child will be more apt to fess up with the truth when the parent is not present. For this reason, perhaps you may want to give his Public Dfndr a bit of leaway... and trust is also important. everything will be explained to you b4 any action is taken.
Should you desire representation, please contact me.
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