Articles Posted in child custody

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Under new legislation, youth 15 years of age and under must be provided a consultation with a lawyer before being interrogated and waiving their Miranda rights.  As we all know, the Miranda case held that if someone is in custody and being interrogated by the police they must be told that they have a right to an attorney before questioning and that they have a right to remain silent.  

Starting in 2018 under Senate Bill 395, youthful suspects who are 15 years old and under must be given an attorney prior to custodial interrogation by law enforcement.  The only exception to this new rule is for public safety.

If the Public Safety exception applies, the interrogation can go forward without an attorney consultation.  This exception is very limited.  The police officer must reasonably believe that the information given by the minor is necessary to protect life or property from an imminent threat of harm.  Plus, the questions can only be about the imminent threat and how to prevent harm from it.

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Is the State ripping your children away from you? It’s an almost unbelievable situation. First you’re dealing with the trauma of being arrested and accused of something you didn’t do, and then all of a sudden you get released from jail and realize the State has decided to remove your children from your custody! You had no say in the matter, and weren’t there to defend your right as a parent. This can happen when your local Social Services Agency files what’s called an “ex parte order” with the local courthouse. “Ex parte” really just means “one party,” as in only one party gets the chance to come in to court and say anything about what’s going on! It’s no wonder that the State maintains such a high success rate in these types of situations, they have no one to argue against them.

If you have an experienced criminal defense attorney however, he would know that your arrest might have resulted in the loss of custody over your children. He would already be hard at work checking into whether such an “ex parte order” was filed against you, and what the terms of the order are. But most importantly, he would be able to prepare a §388 petition! A §388 petition is where someone asks the court to set aside a previous order or judgment because the judge either didn’t have all the evidence at the time he made the order, or because circumstances have changed so significantly that the order is no longer in the best interests of the children.

It’s important to make sure you retain an experienced criminal defense attorney as soon as possible, especially when your children and their well-being are at risk! Make sure you have an attorney who knows all the consequences of your predicament.

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