Parents’ Guide to Handling A Child’s Legal Case

Legal advisor is explaining the law in the office
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Whether it’s your son, daughter, or even a grandchild, when they face a law enforcement problem, your instinct may be to immediately try to solve the problem yourself. That protective instinct is a true force of nature. But just how you respond is as important as your overwhelming desire to help. Your thoughtful, informed management of the situation can dramatically impact your child’s future.

What should you do when law enforcement comes knocking? Let’s dive into a few key dos and don’ts to ensure that you protect your child with an eye toward the best possible outcome

DO Try to Calm Your Emotions

You’ve probably heard this a million times, but your reaction matters. More than you might think. Defensive or emotional reactions can escalate things quickly, and that’s the last thing you need. Keep your cool and be polite when talking to officers. Stay composed so that the tone can be set for everything that follows.

DON’T Overshare

This one’s tricky because people in stressful circumstances often tend to talk too much.   Parents especially try to explain everything. But even small, seemingly harmless details — like who your child is friends with or where they were recently — could be used against them later. Stick to the basics, like confirming their identity, and let your legal team handle the rest.

DO Ask if Your Child is Being Charged

It’s important to know where your child stands legally. Ask the officer if your child is being formally charged with a crime.  Ask if they’re a target of an investigation or a potential witness. This can help you gauge the severity of the situation and prepare accordingly.  And it is crucial that you understand that neither your child nor you are required to speak with law enforcement.  In fact, it is your Constitutional right to refuse.

Don’t: Allow Your Child to Speak Without Legal Counsel

Even if you decide to allow your child to answer questions, they should only do so with an experienced juvenile law defense attorney present. Young people, especially when scared, may say things that could be misinterpreted or used against them.  Remember that it is your family’s Constitutional right to refuse to answer questions without an attorney. Intelligent, informed parents politely inform law enforcement that a decision about whether to speak with law enforcement will be made only after consulting with counsel.

Do: Document the Interaction

Take notes. Politely ask for badge numbers, names, and the reason for the interaction. This documentation can be crucial if there are disputes later about how the situation was handled.  As long as you don’t interfere with an investigation, you are within your rights to video record any interactions with police also.

Don’t: Try to Handle the Situation Alone

It’s tempting to try and “fix” things for your child, but very frequently when parents try to deal with law enforcement or negotiate on their own, unintended consequences follow.  Seek immediate advice and defer to an experienced legal team who can to take the reins while you focus on your child’s needs as a parent.

DO Seek Experienced, Passionate Legal Counsel

At The Maddox Law Firm, our mission is to guide parents through these challenging times. We want to help you avoid missteps while we ensure that your child’s future is protected. Reach out to us for expert advice that will help you manage police contact and safeguard your family’s interests.