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You are here: Families & Children > Juvenile Delinquency > What Happens If My Child Is Arrested?
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My child came home after getting arrested. What happens now?
What will happen if my child was arrested and taken into custody?
Does my child have rights?
We got a Notice to Appear. What should I do?
Does my child need a lawyer?
Do I need a lawyer?
The probation officer said the district attorney is going to file a petition. What does that mean?
What does the probation officer do?
My child came home after getting arrested. What happens now?
The probation department will probably contact you. They will ask your child to meet with a probation officer. You will get a "Notice to Appear" that says when you and your child have to go to the probation department.
| If the case is very serious, your child may get a Notice to Appear in juvenile court. |
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What will happen if my child was arrested and taken into custody?
If your child was arrested, the police can:
- Make a record of the arrest and let your child go home.
- Send your child to an agency that will shelter, care for, or counsel your child.
- Make your child come back to the police station. This is called being "cited back."
- Give you and your child a Notice to Appear. Read the notice and do what it says.
- Put your child in juvenile hall (this is called "detention"). Your child can make at least 2 phone calls within 1 hour of being arrested. One call must be to a parent, guardian, relative, or boss. The other call must be to a lawyer.
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Does my child have rights?
If the police want to talk to your child about what happened, the police must tell your child about his or her legal rights (called "Miranda rights"), which are:
- Your child has the right to remain silent.
- Anything your child says will be used against him or her in court.
- Your child has the right to a lawyer. If you or your child can't pay for one, the court will appoint one.
The police may not necessarily explain these rights if your child is not going to be questioned.
You have rights, too. The police must also tell you as soon as your child is locked up. They have to tell you where your child is and what rights he or she has.
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We got a Notice to Appear. What should I do?
Read the Notice to Appear carefully. It will probably tell you to go to the probation department to meet with a probation officer. Click here  to find the local probation department.
Three things can happen at the meeting:
- The probation officer may lecture your child and let him or her go home.
- The probation officer may let your child do a voluntary program instead of going to court. The program could be special classes, counseling, community service, or other activities. If your child finishes the program, he or she won't have to go to court. You may have to sign a contract that says what the child has to do. The contract can last 6 months.
- The probation officer may send the case to the district attorney. The district attorney will decide to file a petition or not.
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Does my child need a lawyer?
Yes. Your child has the right to a lawyer who is effective and prepared. If you can't pay for a lawyer, the court will get a lawyer for your child.
If your child doesn't have a lawyer, talk to the public defender or another lawyer for advice.
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Do I need a lawyer?
No, not usually.
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The probation officer said the district attorney is going to file a petition. What does that mean?
A petition asks the court to get involved. It says what the state thinks your child did. It's the judge's job to decide if the petition is true.
There are 2 kinds of petitions:
"601 Petition." The probation department files this petition.
It says that a child ran away, skipped school, broke curfew, or disobeyed his or her parents. If the judge decides the petition is true, the child can become a "ward" of the court and be called a "status offender." "602 Petition." The district attorney's office files this petition.
It says that a child did something that would still be a crime if he or she was over 18. This can be a felony, like car theft, drug sales, rape, or murder. Or a misdemeanor, like assault or drunk driving. If the judge decides the petition is true, the child becomes a "ward" of the court as a delinquent. The punishment depends on what the child did.
You have the right to get a copy of the petition. It says what your child is accused of. It doesn't mean your child is guilty.
| ALERT! Read the petition carefully. It is important for you to know what your child is accused of. |
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What does the probation officer do?
The probation officer will write a report to tell the judge about your child. The judge will get this report at the disposition hearing.
The report:
- Says what the probation officer thinks should happen if your child is guilty;
- Has a copy of your child's arrest record;
- Talks about what your child did;
- Has statements from your child, the family, and other people who know your child well;
- Has a school report; and
- Has a statement from the victim.
If your child is put on probation, the probation officer will enforce the court's orders. The officer will keep an eye on your child to make sure he or she obeys the law and follows the terms of probation. The officer will try to get your child involved in school and community programs, and in job training or counseling. The officer may meet with your child once a month or up to twice a week.
If the judge decides your child shouldn't go home, the probation officer must find a place for your child to live. This can be with a relative, in a foster home or group home, or in an institution.
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Last modified: 03/17/2008
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