juvenile law

[tiredofsmalltow]

My son is 16, had some scrapes with the law, no angel. But no devil, has just been charged with attempted rape 1, assault 1, burglary 1, crime supposedly happened Dec.2012. In Nov 2014 a detective serves a Warrant for his DNA, but it's already in the system since last June, I was never contacted, consulted, or permission asked. The only reason I found out my son gave the warrant to me, he has constantly been harassed by police since age 14, his name, charges picture have continuously been made public, at last court appearance on an unrelated issue (truancy, violation) he was detained.charges were officially filed Feb.6,2015

 

[army judge]

My son is 16, had some scrapes with the law, no angel. But no devil, has just been charged with attempted rape 1, assault 1, burglary 1, crime supposedly happened Dec.2012. In Nov 2014 a detective serves a Warrant for his DNA, but it's already in the system since last June, I was never contacted, consulted, or permission asked. The only reason I found out my son gave the warrant to me, he has constantly been harassed by police since age 14, his name, charges picture have continuously been made public, at last court appearance on an unrelated issue (truancy, violation) he was detained.charges were officially filed Feb.6,2015

The charges you cite are very serious.
If your son was arrested at age 16 (back in 2012), was he 11 years old back then, or is he now (3 years later), age 19?
What is the disposition of the charges against him from 2012?
Is he currently being prosecuted in adult court, or has jurisdiction been retained by the juvenile court?

If a warrant was served to secure yoru son's DNA material, not much you can do today, 6 months later. Probably not much you could have done six months ago, either.

You didn't ask a question, so please feel free to do so, as well as clarify my question on your son's CURRENT age.

 

[tiredofsmalltow]

tiredofsmalltow

My son would have been 13, I am a mother that has absolutely gotten to the end of her rope, as I said before my son is not an angel and I have never been in denial regarding his actions, but what I do know is that my son is just one of many youths as well as adults that are being targeted by the this so called "Justice System" there are more juveniles in and out of the system than there are adults, and the one's targeted are low income or underprivileged/minorities. And because we live in a small town law enforcement does pretty much what they want, and no one can stop, unless you have the money to do so. I know it sounds like I'm complaining because my son is in trouble, but it's not even like that, I'm concerned about my son, he has taken responsibility for any actions he's had in the past, and I'm not in denial about him or what he does, but he is in no way a rapist then or now.
If someone is burglarized, beaten unconscious answer almost raped, I don't care who you are you WOULD NOT wait almost 3 years to report it especially if you know who it is, and the warrant was issued on a detectives word not the alleged victim.
So to make a long story short, my question is how can you serve a warrant for a juveniles DNA, and secondly how do you not get consent from the parents and third not at least contact the parents and last but not least why would they need to get a warrant fir his DNA when it had already been entered into the system in June 20 14 as a result of a set up causing a felony conviction for defending himself.
How can I help my son, and make sure he is fairly represented, please help.
I know you don't me, I'm just some stranger on the Internet, but you can ask pretty much anyone that has ever lived where I live and you would be surprised, Even bigger cities and surrounding counties are aware of this county, they will tell you there is nothing but injustice here, I just want fair and honest representation for my son.
Thank you for your time, it is greatly appreciated.

 

[CdwJava]

There is clearly more to this tale than someone reporting in November, 2014, that they were raped 2 years earlier in 2012.

What you need to do right now is secure legal representation for your son. If you cannot afford an attorney, if he is charged, an attorney should be appointed for him.

 

[army judge]

Read my post, and answer the questions I posed.
Those answers will determine how I respond.
They aren't being nosy.

 

[shrinkmaster]

Your son should answer NO QUESTIONS without an Attorney!! If asked anything his reply should be I would like an Attorney!

 

[Proserpina]

My son would have been 13, I am a mother that has absolutely gotten to the end of her rope, as I said before my son is not an angel and I have never been in denial regarding his actions, but what I do know is that my son is just one of many youths as well as adults that are being targeted by the this so called "Justice System" there are more juveniles in and out of the system than there are adults, and the one's targeted are low income or underprivileged/minorities. And because we live in a small town law enforcement does pretty much what they want, and no one can stop, unless you have the money to do so. I know it sounds like I'm complaining because my son is in trouble, but it's not even like that, I'm concerned about my son, he has taken responsibility for any actions he's had in the past, and I'm not in denial about him or what he does, but he is in no way a rapist then or now.
If someone is burglarized, beaten unconscious answer almost raped, I don't care who you are you WOULD NOT wait almost 3 years to report it especially if you know who it is, and the warrant was issued on a detectives word not the alleged victim.
So to make a long story short, my question is how can you serve a warrant for a juveniles DNA, and secondly how do you not get consent from the parents and third not at least contact the parents and last but not least why would they need to get a warrant fir his DNA when it had already been entered into the system in June 20 14 as a result of a set up causing a felony conviction for defending himself.
How can I help my son, and make sure he is fairly represented, please help.
I know you don't me, I'm just some stranger on the Internet, but you can ask pretty much anyone that has ever lived where I live and you would be surprised, Even bigger cities and surrounding counties are aware of this county, they will tell you there is nothing but injustice here, I just want fair and honest representation for my son.
Thank you for your time, it is greatly appreciated.

I find the bolded part incredibly insulting. Spend some time with rape victims, specially JUVENILE victims, and then come back and tell me that nobody waits years to report.

And I live in smalltown Washington state, too.

 

[tiredofsmalltow]

tiredofsmalltow

Attempted rape 1, Burglary 1, Assault 1
The female's age at the time was 20-21
They didn't put her name just her entitials
and birthday 2/16/1990
My son would have been 13, he's never had sexual
issues growing up either at home at school or with friends, no occurrence's at all of that nature.
He has representation, and she has represented him before, but like I said small town justice is not in the interest of the accused in any way.
And prosecution is trying to get it sent to adult court, will my son's attorney is trying to keep it in juvenile court.
I asked his attorney how did it even get this far, they obtained his DNA without contacting me , or asking me, or even til this day make me aware that they obtained it, as well as having his name, charges, and picture in the media.
His declaration is on the 30th, and then I guess I'll find out from there, but his attorney doesn't keep in contact like she should she was supposed to visit me at my home a week and a half ago as well as keep in contact by phone or email yet I have heard nothing, she asked him to consider a plea, I told my son "NO" . I went to his last court date a week ago, she then tells me they are trying to amend 2 of the charges, I believe assault 1 to assault 2 and attempted rape 1 to indecent liberties ? This doesn't make sense, there's a BIG difference between attempted rape and indecent liberties.
What do I do ?
Where do I start ?
I feel like if he's not represented by someone outside of this county/town he's not gonna stand a chance.
We have one of the nation's highest juvenile conviction rates in the nation
Where does that leave my son ?
Another statistic. Help.

 

[tiredofsmalltow]

tiredofsmalltow

I myself am a victim rape, juvenile and adult. And as a juvenile no one would believe me, and as an adult no one cared, but I'm not saying anything derogatory regarding the victim, and I apologize if it sounded like I was being insensitive that was not how it was meant. What was saying is if you can identify your attacker more than not you do, I have couple of friends that have been in that situation and done it, but it was because they knew the person/persons. But we're not in a relationship with them sexual or otherwise, if it is your partner/lover that's different.
And at the same time she was not a juvenile.

 

[cbg]

Many, many rape victims only want it all to go away. It is by no means uncommon for them to need time and counseling before they can scrape together the courage and self-esteem to identify their attacker. It is not even close to true that "if you can identify your attacker more than not you do".

Stop assuming that your experience is common to all rape victims.

 

[army judge]

Attempted rape 1, Burglary 1, Assault 1
The female's age at the time was 20-21
They didn't put her name just her entitials
and birthday 2/16/1990
My son would have been 13, he's never had sexual
issues growing up either at home at school or with friends, no occurrence's at all of that nature.
He has representation, and she has represented him before, but like I said small town justice is not in the interest of the accused in any way.
And prosecution is trying to get it sent to adult court, will my son's attorney is trying to keep it in juvenile court.
I asked his attorney how did it even get this far, they obtained his DNA without contacting me , or asking me, or even til this day make me aware that they obtained it, as well as having his name, charges, and picture in the media.
His declaration is on the 30th, and then I guess I'll find out from there, but his attorney doesn't keep in contact like she should she was supposed to visit me at my home a week and a half ago as well as keep in contact by phone or email yet I have heard nothing, she asked him to consider a plea, I told my son "NO" . I went to his last court date a week ago, she then tells me they are trying to amend 2 of the charges, I believe assault 1 to assault 2 and attempted rape 1 to indecent liberties ? This doesn't make sense, there's a BIG difference between attempted rape and indecent liberties.

Okay, that helps a tad.

He was 13 and the alleged victim was 21+?

Have you discussed this with your son?

Has his father discussed it with him?

I suggest you revisit that discussion, and see what he says today.

Don't share it here, do share it with his lawyer.

I also suggest you arrange for him to speak to a CHILD PSYCHIATRIST, either an MD or DO.

I also suggest you arrange for him to speak to a CHILD PSYCHOLOGIST and have the results of both consultations sent to his attorney.

What do I do ?

I suggested a couple of things above.

You and your son also want to STOP discussing this with ANYONE but his attorney and his father.

I feel like if he's not represented by someone outside of this county/town he's not gonna stand a chance.
We have one of the nation's highest juvenile conviction rates in the nation
Where does that leave my son ?
Another statistic. Help.

Don't worry about the representation he has.
Unless you're a millionaire, and even if you are, appointed counsel are very effective.
You have to be patient.
You and your son must be patient and calm.
Your son also needs to get evaluated as suggested above.
Once that mental health evaluation has been done, you'll know much better as will his attorney how best to help him.
The fact that she was 21+ and he was 13, is odd. That doesn't mean noting occurred, but now we want to get at the facts.

The outcome will be that she is lying, and she had inappropriate relations with a child.
Or, he is lying, and he committed a sexually related crime.
The fact that the alleged victim was 21+ doesn't mean much, unless more is known about the victim.
Is the female someone that is (or appears to be) mentally challenged, or physically infirm?
Did you know whether your son knew this woman?
Okay, that's a start.

 

[Betty3]

Your son needs a lawyer & really suggest some type of counseling.

 

[Proserpina]

May I remind everyone of Mary Kay Fualaau?

Thank you.

 

[mightymoose]

You seem very concerned that you were not asked permission or contacted before the DNA was collected. If the police had obtained a warrant then doing so was not required. Also, warrants are issued on the investigator's sworn affidavit, not the victims statement.
Nothing you say here seems very unusual regarding process.
I suspect there were other juveniles involved. Were others arrested as well?
You should know that if your son was simply present when the alleged offenses occurred it could be enough to hold the charges against him.

 

[disagreeable]

If the police have dna evidence to compare it too, that means there was a rape kit done the night it happened. That means she reported it that night. The gist of what I am saying is they apparently finally connected your son to a report that was made when it happened.

 

[Proserpina]

My son would have been 13, I am a mother that has absolutely gotten to the end of her rope, as I said before my son is not an angel and I have never been in denial regarding his actions, but what I do know is that my son is just one of many youths as well as adults that are being targeted by the this so called "Justice System" there are more juveniles in and out of the system than there are adults, and the one's targeted are low income or underprivileged/minorities. And because we live in a small town law enforcement does pretty much what they want, and no one can stop, unless you have the money to do so. I know it sounds like I'm complaining because my son is in trouble, but it's not even like that, I'm concerned about my son, he has taken responsibility for any actions he's had in the past, and I'm not in denial about him or what he does, but he is in no way a rapist then or now.
If someone is burglarized, beaten unconscious answer almost raped, I don't care who you are you WOULD NOT wait almost 3 years to report it especially if you know who it is, and the warrant was issued on a detectives word not the alleged victim.
So to make a long story short, my question is how can you serve a warrant for a juveniles DNA, and secondly how do you not get consent from the parents and third not at least contact the parents and last but not least why would they need to get a warrant fir his DNA when it had already been entered into the system in June 20 14 as a result of a set up causing a felony conviction for defending himself.
How can I help my son, and make sure he is fairly represented, please help.
I know you don't me, I'm just some stranger on the Internet, but you can ask pretty much anyone that has ever lived where I live and you would be surprised, Even bigger cities and surrounding counties are aware of this county, they will tell you there is nothing but injustice here, I just want fair and honest representation for my son.
Thank you for your time, it is greatly appreciated.

I'm going to be very blunt here.

You are not seeing this realistically at all. You are essentially blaming everyone but your son. I can understand that, but your allegations are not going to help him since they are simply not accurate.

This isn't a case of everybody ganging up against your son. This is a child who, for whatever reason, has developed a taste for criminal behavior. Your son is part of the judicial system because he can't behave in an acceptable fashion - it has nothing to do with any conspiracy theory. You also can't say that your son is or isn't a rapist. You weren't there. You saw nothing. You witnessed nothing.

Then there's the bolded part. A "setup" for a felony conviction? Now why would you say that?

 

[cbg]

I don't care who you are you WOULD NOT wait almost 3 years to report it especially if you know who it is, and the warrant was issued on a detectives word not the alleged victim.

That is your opinion. It is not supported by facts. Talk to any rape crisis center.

I would not be saying this publicly if there were a way to send you a PM.

A friend of mine was raped over 20 years ago. She knows who it was. She has not reported it to this day because at the time she was too afraid of retaliation and by the time she reached the point that she could admit what happened the statute of limitations had passed.

So stop with your self-serving blaming the victim here. Not everyone reacts the same way.