This is a contributed post by Carl A. Bartol, founded the Prevent Delinquency Project, a non-profit dedicated to preventing juvenile delinquency, and now works with the Your Child Safe Collective.
Raising your child with principles, values, and a clear understanding of the distinction between right and wrong, you never thought this day would come. The police call and inform you that your child has been taken into custody, and they advise you to come down to the station.
Hopefully, if your child is being processed for a relatively minor offense, the police will issue you an appearance ticket and release your son or daughter to you.
If your child was involved in something more serious, the police may tell you to proceed to your local family or juvenile court, or, if after hours, inform you that the child has been lodged in a juvenile detention center and will either have an after-hours arraignment or be produced in family or juvenile court the next day.
The next time you see your child, you may view him or her in handcuffs and immediately think to yourself, “Where did I go wrong?” You ask to speak with your child in private, disappointed beyond belief, and ask him or her what happened. “I didn’t do anything. I was just there,” your child exclaims.
Can that really be? Yes and no. It depends little upon your child’s perspective, but rather that of the alleged victim, the police, and the juvenile prosecutors with whom they consult regarding the incident that transpired.
Applicable juvenile law is based upon a myriad of factors, including your jurisdiction, your child’s age and controlling authority, and statutes and case law in your area.
As such, the following information is not to be construed as legal advice, but rather for purposes of parental awareness of common juvenile arrest scenarios. This knowledge may help parents protect their children from harm and keep them out of trouble.
5 Common Juvenile Offenses that Lead to Arrests
While childhood misbehavior runs the gamut from defacing property to homicide, there are recurring themes in which a child professes his or her innocence and that he or she was simply present during the commission of an offense, but is arrested as a juvenile.
Notwithstanding conspiracy, facilitation, criminal trespass and the like, where under certain circumstances just being there may in fact be enough, in virtually all jurisdictions, mere presence is not. The following are some of the all-too-common examples of cases in which your child is most likely to be charged and profess he or she was just “there.”
1. Shoplifting
Shoplifting is typical among childhood arrests. However, it is also one of the least likely to be formally prosecuted.
In most jurisdictions, unless your child is a repeat offender, or you or your child are not amenable to services, your child will be given the opportunity to participate in a shoplifter’s alternative program or probation diversion or adjustment.
If your child successfully completes the program, it’s as if he or she was never arrested to begin with. Yet despite this obvious “gift,” some parents refuse to cooperate, citing the innocence of the subject child and the belief that he or she was just present while other children broke the law.
As a result, their children are formally prosecuted for a charge like petty larceny.
What those parents often fail to understand is that if your child enters a store with his or her friend(s), is observed by loss prevention personnel (often preserved on surveillance video) looking around or up and down the aisles while a friend steals goods, passes the point of purchase, and then they leave together, you’re hard-pressed to claim innocence.
Your child’s actions can reasonably be perceived as acting in concert, that is, your child being a lookout while the other child steals. That they entered and left the store together is further proof of community of purpose.
Your child doesn’t have to be in possession of the stolen goods, and there needn’t be an exchange between the two to be culpable. The best advice a parent can give their child to avoid such an arrest, other than choosing friends wisely, is to break off as soon as another child engages in such activity.
If your son or daughter observes a friend stealing, he or she should leave the store immediately. Also, don’t wait outside for them; instead, go immediately home.
2. Robbery
While there are some children bold enough to rob other children or adults alone, albeit usually with a firearm, knife, or some other weapon, most juvenile robberies are those that involve the forcible stealing of property aided by one or more persons actually present.
If your child is observing such an incident from 20 feet away and has not committed an overt act that may be interpreted as accomplice liability, one could reasonably argue his or her non-involvement.
But more often than not, a friend or group of friends is standing right next to the primary actor, or behind or to the side of the victim, thinking that somehow that makes them innocent because they are just watching.
However, to the victim, police, and ultimately the juvenile prosecutor, that makes those friends co-actors, part of the intimidation, threat of physical harm and/or perceived restriction of the victim’s ability to flee.
Similarly, another recurring fact pattern is where the primary aggressor hands the stolen property (usually a cell phone) to a child like yours at the scene, or after the victim is assaulted, tells another child to pick the property up off the ground, before they leave together.
Like all crimes, when the police arrive at the scene of a robbery, or shortly thereafter, they have to make a judgment call as to who may or may not have been involved.
If an identification procedure such as a show-up results in the victim or other witnesses identifying your child as a participant, there is little doubt he or she will be arrested.
Juvenile prosecutors will subsequently thoroughly review all the evidence, speak with witnesses, etc., before deciding whether or not to file an accusatory instrument and formally prosecute your child, but that comes later. In the meantime, your child will be arrested and processed.
In addition to breaking off as described above, your child should be educated to not engage in heated exchanges with others—alone, or as part of a group.
If a friend or group of friends approaches another child or adult in an aggressive manner, your child should be instructed to stay back and not advance with them. Best practice would be to find an excuse to leave and not stick around to see what happens.
You may also like to read: All Teens Make Mistakes (Even the “Good” Ones)
3. Assaults
Many robberies actually start as assaults. As a result, juvenile prosecutors spend many hours reviewing evidence to determine if there is clear intent to forcibly steal property, cause physical injury, or both. Sometimes, what appears to be a robbery is actually an assault and a subsequent theft.
For example, when one child approaches another and states, “run your pockets,” while punching the victim in the face and then takes his or her wallet, it’s a clear robbery and assault, or at least an attempted assault if there is no physical injury.
But when one child strikes another child in the face with a closed fist, the victim drops his phone, and then the perpetrator grabs the phone off the ground and runs away, it’s subject to interpretation. Was it an assault and larceny or robbery and assault? It’s very fact-specific.
In most instances, well-intentioned police will charge your child with the latter and let the juvenile prosecutor figure it out.
Assaults are perhaps the most common juvenile arrests. In an age where what used to be described as a “schoolyard fight” can escalate into an assault involving a deadly weapon or dangerous instrument in the future, parents are much more apt to file a police complaint nowadays.
One child is upset about what another child allegedly said on social media or in school and confronts him or her—punching, kicking, stomping, or otherwise physically harming the victim. Oftentimes, one or more of his or her friends are also present.
Similar to the aforementioned robbery example, depending upon the specific facts of the case, if a non-aggressive child’s actions can be interpreted as restricting the victim’s movements, or preventing him or her from fleeing, that too can lead to their arrest, even if he or she never actually made physical contact with the victim.
Sometimes, a child may actually be attempting to break up the altercation, but perceived by the victim as taking part in the same.
Commonly, another child present will also wrongly interpret this action, jumping into the fray to protect the victim or original aggressor, and now there’s the potential for more than one victim and aggressor to be identified and arrested.
While juvenile prosecutors will eventually investigate the case and decide whether or not your child was truly innocent, acting as a good Samaritan, or a less culpable participant, that happens much later. In the meantime, your child will be taken into custody and processed.
To avoid this type of scenario, parents should monitor their child’s activities and interactions online, at school and in the community to recognize conflicts (or “beefs” as kids call them today) that arise with other children, and once identified, actively communicate with other parents, teachers, coaches and the like to mediate and deescalate the conflict before it turns physical.
Teach your child to avoid negative peers and leave when he or she observes a scenario that may lead to a physical altercation. If your child wants to intervene and break up the fight, it is better to alert a nearby adult to do so than get involved.
4. Stolen Cars
A lot of children are under the mistaken belief that if they don’t actually steal or drive a stolen motor vehicle, there is no issue with riding in one.
Many law-abiding adults, in their youth, at one time or another took part in a so-called “joy ride.” Usually, back then, it was a parent’s car that was taken without permission or authority.
As a result, a lot of jurisdictions will not charge an occupant other than the driver, absent other evidence, with grand (felony) larceny and/or felony criminal possession of stolen property for simply riding in a stolen vehicle. But there are other charges your child may face.
In New York, for example, the legislature made unauthorized use of a motor vehicle a misdemeanor to do so, rather than a felony. While there is a statutory presumption that the occupant knew that he or she didn’t have the owner’s consent, it is a rebuttable one.
That being said, it’s hard to rebut a presumption at trial when a child claims he thought his 16-year-old friend, who doesn’t own a car, suddenly has permission to drive a BMW.
The bottom line is parents should teach their children not to participate in a “joy ride,” or get in a friend or acquaintance’s car unless they are absolutely sure the driver has permission or authority to operate it.
5. Burglaries
Burglaries and criminal trespass are very common juvenile arrests, but not for the reasons you may think. Actual cases of children breaking into a neighbor’s homes or nearby businesses, burglary rings aside, are relatively rare.
Many of the cases where a child is arrested for a burglary actually start as a criminal trespass, entering a closed school, local boarded-up house, or other building or indoor parking lot to explore or simply hang out.
Invariably, however, one or more children in a group ultimately decide to show off and damage and/or steal property while doing so. In New York, like many jurisdictions, that misdemeanor trespass just escalated to a felony burglary because the intent can be shown to commit a crime therein (criminal mischief and/or petit or grand larceny).
While juvenile court is rehabilitative and not punitive and a probation officer, by way of adjustment or diversion services, or a juvenile prosecutor later on, will likely cut your child a break if he or she was charged with burglary and is less culpable, that doesn’t mean your child won’t be processed up-front.
It’s important to teach children to choose their friends with care, not enter property or buildings without permission or authority, and if present when others do, don’t take part. The actions of other children may be imputed as their own.
Or as many of us learned from our parents and grandparents—tell me who you are going around with, and I’ll tell you who you are.
If Your Teen or Tween Gets Arrested, Here’s What to Do (And What NOT to Do)
While the following is not to be construed as legal advice and certainly not all-inclusive, there are some general principles parents may want to follow if their child is picked up by the police.
1. Retain an attorney as soon as possible—someone with solid experience in handling juvenile matters.
There are many criminal defense attorneys, family court lawyers and general practitioners who simply lack an understanding of the depth and nuances associated with juvenile practice and juvenile court.
2. Comport yourself.
Learning that your child has been arrested is one of the most shocking experiences that any parent can face. While overcome by emotion, a lot of parents lose clarity of thought and say or do things that may actually be harmful to their child’s case.
3. Accept that something may have happened no matter what your child tells you.
Keep an open mind. Yes, victims, witnesses, the police and prosecutors, like everyone else, can make mistakes, but they are rare. If a mistake has been made, it will come to light sooner or later.
The majority of the time, the facts are what they are purported to be. The lack of acceptance deprives your child of the opportunity to receive supportive services early on, before they get into more serious trouble.
4. Be polite and respectful to the police.
They are well-intentioned, hardworking, care a lot about children and have a job to do. Being disrespectful or combative with them is uncalled for.
The police also have a lot of discretion when it comes to juvenile matters, including whether or not to charge your child, and if so, whether to release him or her to your custody with an appearance ticket, or bring your child directly to court or a juvenile detention facility.
You may also like to read: It’s Hard When You Don’t Like Your Teen’s Friends–Here’s How to Handle It
5. Do not allow your child to be interviewed.
Provide the police with pedigree information and identification when asked, but that’s it. Be nice. Ask if your child is free to go, and if not, tell them you want to have a lawyer.
You’ll rarely talk your way out of an arrest, but can often talk your way into one. For example, the police may have received a complaint, but without corroboration that your child was actually present during the alleged offense not have probable cause to make an arrest.
Another common scenario is a grainy surveillance video or photograph that may or may not depict your child, being shown by the police to you or your child. When you or your child confirms who it is, that may be enough to trigger an arrest.
6. Be careful what you say to the police.
Be pleasant, but don’t offer information about your child other than his or her name, address, age, etc.
Your disappointment or embarrassment may cause you to disclose to the police that your child was recently suspended from school, or violated his or her curfew that night, has been arguing with you lately, or whatever, and you have been trying to do your best.
Sympathy aside, that may suggest to the police that your child is beyond your control and a better candidate for detention than an appearance ticket. Similarly, if the matter goes formal and winds up before a judge, don’t be surprised if the juvenile prosecutor raises those very same points in asking for continued detention.
In determining whether your child should be released or held, a juvenile or family court judge considers whether they may not appear in court at a later date and, if released, whether your child will have a propensity to commit further acts (community safety as well as his or her own).
7. Whether held or released, start building a coalition.
A parent’s ability to supervise his or her child is a major factor. Seek family, friends, teachers, coaches, etc., who are willing to aid you in supervising your child and/or provide character references should your child be considered for adjustment services or the case goes formal. Have as many of them show up at your child’s court appearances as possible.
8. Seek immediate services, counseling, etc., relevant to what your child is being accused of, even if he or she denies the allegations.
Also set clear behavioral boundaries at home and in the community, and enforce them.
That will show juvenile prosecutors, probation officers, judges and others in the juvenile justice system that you are actively engaged, working on turning your child’s life around and ensuring his or her mistake never happens again. Remember, the juvenile justice system is one of rehabilitation, not punishment.
With relatively minor matters, your proactive approach may lead to a positive outcome, such as a declination to prosecute, diversion, or adjournment in contemplation of dismissal.
Even with serious cases, your child will be less likely to be held in detention, and in terms of final disposition, more likely to receive probation supervision than removal from your home and placement in a residential treatment center or some other facility.
9. Finally, if your child’s case does go formal, don’t lie to the judge and assigned probation officer.
Don’t volunteer information, but be honest when asked.
For example, if a detention application is made by the juvenile prosecutor and the judge asks you if your child has had any issues at school, it is far better to say he or she has had some challenges than lie, say your child is doing great, and have the judge instruct you or a probation officer to produce his school records on the next court date.
Probably the only thing worse, in terms of whether your child is held or released to you, than admitting he or she is beyond your control, is the belief that you would lie to cover up your child’s misdeeds.
If you’re looking for an additional resource to help guide you through this tumultuous time of raising teens, we recommend Loving Hard When They’re Hard to Love by Whitney Fleming.
Parenting teens and tweens is a tough job, but you’re not alone. These posts might help:
10 Commons Battles that Will Destroy the Relationship with Your Teen
What I Wish My Mom Taught Me About Sex When I Was a Teen
Teens and Vaping—How to Respond, Talk Through It, and Get Them to Stop
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