Monday, 28 April 2014

I appreciate the first answer from Mike. the letter from the DA office says the matter of the ticket/citation number has been referred to th...

Question

I appreciate the first answer from Mike. the letter from the DA office says the matter of the ticket/citation number has been referred to the Juvenile Offender Intervention Network (join) program. Is says you and your child are directed to appeaer at the hearing before the DA hearing officer to determine whether a juvenile petition should be filed. Is this a good thing, could we attend and try to have the felony charge of burglery brought down? the kids were walking around an abbanded building.



Answer

I recommend that you bring an attorney to the DA "Office Hearing." First of all, the DA does not have power to conduct "hearings" or to command your attendance. The only reason most people, including attorneys, go to these meetings is that there is always the threat that the DA could decide to prosecute the case in criminal court. One upside of DA office hearings is that I have the opportunity to try to make my client's case to the DA (for example, in this case, the defense that your son was walking around an abandoned building, but he did not intend to steal anything). The difference between you or your son making these arguments to the DA, as opposed to an attorney, is that anything you or he says can be used as evidence against your son in court. What the attorney says is not evidence. But all it takes is one slip of the tongue on the part of your son and they'll say he confessed.



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