My daughter was arrested for a felony malicious wounding on another 14 year old girl. Both of the girls planned the fight (day, time, etc). During the fight my daughters necklace was ripped off and as it was falling she caught it in her hand, as she was looking to toss it to one of her friends, the other girl hit her so she hit her back in the nose. From that the other girl received a scratch on her nose and later her parents called the police. The officer called my daughters cell phone and assured her that she wasnt in any trouble and that he just wanted to get her side of the story. After he gained her trust and got her to say that she did hit the girl he arrested her. The only statements the officer got were from three girls, all of whom were involved in the fight and are all white. No other people were talked to regarding this so now I have a daughter who is an honor roll student facing up to 8 years incarcerated and all because of a scratch on the nose. Is this justice?
2006-10-25 12:39:17 · 11 answers · asked by papi357 1 in Politics & Government ➔ Law & Ethics
I think, as a parent, the first thing I'd be asking is why my honor student was stupid enough to get into a fight in the first place.
My thinking is that if the girl hit another girl, that in and of itself is assault. Now, if she did it with anything that might be considered a "weapon," then that only adds to the charge. At minimum, your daughter is guilty of assault, if not more.
As for the police's actions, are there actual eye-witnesses to the assault that they did not interview? They are well withing their rights to lie to your daughter during an interrogation. Every state allows the police to say anything or even promise anything to a suspect in order to get a confession. That is the whole importance of "you have the right to remain silent," and "you have the right to an attorney." It is the lawyer's job to protect you from those lies.
2006-10-25 12:47:04 · answer #1 · answered by Mr. Pink 2 · 1⤊ 0⤋
I hate to say this but there is some part of this story that is missing. I don't know if it is your missing something out and not telling us or if its the police or if its your daughter.
It sounds like it has not gone to trial so get a good lawyer that you can trust, it sounds like you think racism comes in to play so choose a lawyer that represents your race.
Have the lawyer o some investigation into this incident
Also go and talk to the admistration at the school and see what they know.
I wouldn't worry 8 years is a little long for a 14 year old for something like a fight even if she was the one totally at blame which it sounds like is not the case.
2006-10-25 19:49:07 · answer #2 · answered by dreson k 4 · 0⤊ 0⤋
No, it's not justice. However, I'd like to see the police report. I doubt any judge would give her 8 years for what you described, which means I wonder what the other girl's story is.
I also think it interesting that you feel the need to mention the other students were 'all white'. Also, you think the officer's didn't get 'her friends' statement? i.e. the one she was tossing the necklace to?
I feel bad for you daughter, but what you present seems extremely one-sided.
2006-10-25 19:49:37 · answer #3 · answered by niwriffej 6 · 2⤊ 0⤋
The fact you mention "the other girls were white", and you believe that lame excuse about the necklace, make me think you have a habit of making excuses for your kid, or maybe for life in general.
If your daughter hears you making statements to the effect that it's someone elses fault she's in the trouble she's in, or "it's not fair", then you can expect more of the same behavior in the future from her.
My parents told me that life is NOT fair, and that's why you have to be a straight arrow & keep out of trouble.
I kinda doubt it was just "a scratch on the nose" too. It sounds to me like your daughter used her jewelry as a makeshift "brass knuckles" thing, to hurt the other girl, i.e. dirty fighting.
Sorry, but this is just how life is.
2006-10-25 19:59:19 · answer #4 · answered by dork 7 · 5⤊ 0⤋
I highly doubt your daughters version of the story.....and malicious wounding isn't charged for a mere scratch on the nose.
And who else did you think they need to speak to?...you?....why? So you can say....oh my little susie is an honor roll student..and she's white...she couldn't do anything like that.GMAB
2006-10-25 20:28:07 · answer #5 · answered by kissmybum 4 · 0⤊ 1⤋
Make sure to get a lawyer soon, the violation of rights can not be condoned, you need to be present since you are representing and are responsible for the minor, make sure to contact a layer asap.
2006-10-25 19:50:34 · answer #6 · answered by woodtigerdp 3 · 0⤊ 0⤋
Maybe not complete justice, but if your daughter is such a great honor roll kid, why was she fighting, sounds like all the girls involved deserve a good beating from the parents.
2006-10-25 19:43:33 · answer #7 · answered by Anonymous · 4⤊ 2⤋
No, she mostlikely will get a warning and community service if itsher first offence. it won't go on her adult record. However it seems like you think she was not at fault in the fight when she admitted to planning it. perhaps you should sit her down and explain that words always work better than violence, then show her graphic pictures of children murdered by violence.
2006-10-25 19:49:52 · answer #8 · answered by judy_r8 6 · 1⤊ 1⤋
Yes, this is justice and you are very lucky that the parents didnt come after you, if not yet.
2006-10-25 20:06:46 · answer #9 · answered by cawfeebeanz 4 · 1⤊ 1⤋
IF YOU WEREN'T PRESENT AT THE QUESTIONING HER RIGHTS WERE VIOLATED! CALL A LAWYER AND THIS WILL SOON BE DROPPED OR YOU CAN SUE THE LIVIN SH!T OUT OF THE CITY FOR VIOLATING HER RIGHTS! SHE WAS A JUVINILE AND SHOULD HAVE ONLY BEEN QUESTIONED IN FRONT OF A PARENT OR GAURDIAN,DON'T LAY DOWN AND TAKE IT FROM THE MAN IN BLUE! THEY DO THIS CRAP ALL THE TIME AND VIOLATE THE RIGHTS OF PEOPLE!
2006-10-25 19:45:15 · answer #10 · answered by Anonymous · 4⤊ 3⤋