Your Children's Rights

School is back in session and your children are beyond your watchful eye most hours of the week.  Oftentimes during those hours our kids get involved in some kind of trouble.  Fights, disorderly conduct, drug possession, and vandalism are just a few examples. Sometimes a student may be punished administratively with a reprimand, demerits, detention or suspension.  Other times, depending on the circumstances, the local police may become involved.

As a parent, it is important to be informed about your child’s rights in case he or she ever becomes involved in that type of situation.  As a minor, your child is not legally competent to waive their right to remain silent.  The law places that important decision in the hands of the parent. That means, before the police can question your child they need your consent. You have the ability to permit your child to talk with the police or to refuse to let your child talk with them.  You also have the right to be present during any questioning or conversation between your child and a police officer.

The consequences to your child of becoming involved in a juvenile criminal matter can be serious. You should take the decision about allowing your child to talk with police officers seriously. If you find yourself in this type of situation, and faced with a decision of whether or not to allow your child to talk with the police, you should consider contacting an attorney experienced in juvenile and criminal law.

A juvenile accused of delinquent conduct is entitled to have an attorney present for every step of the proceedings. An attorney experienced in juvenile and criminal law will be equipped to counsel you and your child through the court process, help you and your child make important decisions related to the charges, and obtain a resolution that will have the smallest possible impact on your child's future.

In the event your child has already been adjudicated a delinquent, it is important to know that he or she may be eligible for an expungement of the charges after a certain amount of time. If you are interested in obtaining an expungement for your child, or for your own criminal or disorderly persons charges, you should consult with an attorney.

Broscious, Fischer & Zaiter is a multi-service law firm in Washington, NJ, serving clients in Warren, Hunterdon, Morris, Somerset, and Sussex Counties in New Jersey and in Hackettstown, NJ, as well as Easton, Allentown, Northampton, Lehigh and many other communities in Eastern Pennsylvania.