an officer threatened to take my daughter-in-laws child if she did not give a statment and promised she would be released after bu instead she was charged with a first degree felony and is now looking at klife in prison
2006-10-30 10:05:55 · 13 answers · asked by rornelas 1 in Politics & Government ➔ Law Enforcement & Police
Not sure where this is but most laws are the same from state to state.
For Texas: That officer may take the child into custody for a 1st degree felony regardless if she made a statement of not so whether he said that or not is irrelavent.
Now, that being said, due process of law must be followed (5th ammedment) and she can not be forced to testify against herself. Bottom line!
Also, children can not get life in prison in Texas. A first degree felony is 5 - 99 years and even if the sentence is for 15 years she'd be out in 5.
In Texas, children under 17 dn't even apply to the penal code and are generally given a new chance when they hit18 with a clean
record.
What was the charge and in what state?
2006-10-30 18:06:02 · answer #1 · answered by FL_FunGuy 2 · 0⤊ 0⤋
Well it sounds like she might have done something serious. If the officer thinks that the child is being abused or is living in unsafe conditions, then they can have child services come and take the child. Also, if the parent is being charged with something, an officer can try to work out a deal where they keep custody after the sentence in exchange for cooperation. But that isn't a real legal type thing. It has to do more with his recommendations to the DA/Judge.
2006-10-30 10:10:38 · answer #2 · answered by Take it from Toby 7 · 1⤊ 1⤋
Well i don't know the full facts of your story.
But if your daughter in law was going to be charged with a first degree felony; her child would have been taken away from here regardless.
2006-10-30 10:07:50 · answer #3 · answered by Anonymous · 1⤊ 0⤋
What in the
2006-10-30 10:21:55 · answer #4 · answered by kb9kbu 5 · 1⤊ 0⤋
If what you were told is correct, then NO they cannot and they should be investigated. If you daughter-in-law is feeding you a load of crap, which I assume she is by what she told you, then you probably need the real story.
2006-10-30 11:24:55 · answer #5 · answered by jawsh3539 2 · 0⤊ 0⤋
If she is looking at life then she doesn't need to worry about getting her kids back, she can't take them to prison with her!
2006-10-30 10:14:19 · answer #6 · answered by Flower Girl 6 · 1⤊ 0⤋
If she commit the crime in the presence of the chidren or if she was allowing a fugitive to hide around her children then yes he could have had them taken otherwise talk it over with her lawyer
2006-10-30 10:08:47 · answer #7 · answered by ♥Ta Loca♥ 4 · 2⤊ 1⤋
In my city that argument does no longer fly, the mailman can get off his lazy *** and walk the mail to the container. maximum persons have mailboxes close to their front door so parking on a public highway does no longer be unlawful, whether you have been in front of her mail container.
2016-10-21 00:34:18 · answer #8 · answered by schrum 4 · 0⤊ 0⤋
Get an attorney. Its probably illegal for him to make threats but who is the law gonna believe? They seem to always have the upper hand. They took my cousins baby away and she did nothing wrong. Its about what you know and what you allow them to get away with. If thats your grandchild help them out. Get professional advise from an attorney.
2006-10-30 10:09:25 · answer #9 · answered by Anonymous · 1⤊ 2⤋
That'swhy it is important to waive your Miranda rights, and ask for a LAWYER. IMMEDIATELY, THE QUESTIONING STOPS. It is legal for them to use coercion and lies to get a confession. Cops don't want you to know that...
2006-10-30 10:09:09 · answer #10 · answered by Anonymous · 1⤊ 0⤋