She's never been in trouble b4...good student...ex-bf kept calling her in between his breakups w/ new gf...so my daughter started pranking her. We couldn't see her until the next day (after she was arrested at school). They wouldn't release her to us until the next day when we got to see the judge. She has been on house arrest until the pre-trial which is the end of this week. What will her charges be and can they go to such extremes for a 1st time violation? They had her shackled and hand cuffed when we finally got to see her infront of the judge. Don't minors have civil rights? And noone read her the Miranda rights??? Any one with legal knowledge in Ohio would be appreciated. This has been very traumatizing, please be nice.
2007-03-27 02:37:47 · 26 answers · asked by noodle 3 in Politics & Government ➔ Law Enforcement & Police
kokopell~~~ you are a genius......I would hate to see your offspring!!!!! I'm sure that you are the perfect woman!!!! : )
2007-03-27 06:58:39 · update #1
In Ohio telecommunications harassment is a First Degree Misdemeanor. So arresting and jailing her is definitely within the law. I do not normally see juveniles jailed for offenses like that but you may be in a County with a more aggressive Juvenile System. For a charge of telecom harassment you need only to call someone after they have told you not to call, OR to make harassing (IE. the prank calls) or threatening calls.
As far as the strip search, if they are going to house her in a jail facility (even a juvenile facility) they have to make sure nothing illegal is coming in. That has nothing personally to do with your daughter, they have a policy to search EVERYONE coming in so nothing can get in that shouldn't. The same thing would apply for the shackling and handcuffing. Those procedures were not at all intended to single her out or punish her, that is how all of the juveniles in that facility are treated I am sure. I sometimes transport prisoners to and from different facilities and it is a black and white policy that ANY prisoner has to be shackled at all times, no exceptions or it is a write up.
As far as the Miranda Warning goes: that is a popular misconception. She is in custody and not free to leave, and has been charged with a crime. Certainly Law Enforcement cannot question her without first advising her of her Miranda Rights. But, she does not have to be read those rights simply because she is under arrest. If no one questions her they don't need to read her any Miranda Warnings.
What happened as you describe is within appropriate actions for that charge; but like I said it is more zealous than I usually see telecom harassment charges. Is there more to this than maybe even you know? Did she make threats to someone on these phone calls?
2007-03-27 03:04:25 · answer #1 · answered by Kevin 6 · 3⤊ 1⤋
Oh sweetie I am so sorry for you!
I'm in Ohio too, and no, minors don't have a whole lot of rights here.
This state will jump right in your business and tell you you have nothing to say about what goes on with your kid and those of you who don't live here don't even need to comment because you don't even know until you've seen it. And you wouldn't believe the unwarranted police presence in the schools here!
Even worse, the laws differ from county to county.
Then you have these small town police officers that have nothing to do, watch too much TV and act like the smallest infraction is the bust of the century. They must be real proud of terrorizing a fourteen year old!
Get you a lawyer or the two of you will be walked all over chewed up and spit out by the so-called legal system in this police state.
Please email me. I tried to email you immediately because I know you've both got to be just emotionally battered and mentally fried.
There's nothing worse than watching this state have a go at your child.
Again, please email me; it's accessible through my profile.
I wish I could give you both a hug, a cup of tea, and offer you a safe quiet place to deal.
2007-03-27 03:09:42 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Well, sadly, she is in trouble now.
Minors do have civil rights, and based on what you wrote, she is being granted her full rights. Shackled and handcuffed is normal treatment for people in jail. Also, once she is arrested and charged, only a judge can release her. She is probably going to be charged with various communications law violations, as well as harrassment..
As for the Miranda warning, the police only need to administer it if they plan to question her or take a voluntary statement. Otherwise there is no need for it.
Since this is a first offence, there is a good chance she will probably only get probation / community service.
2007-03-27 02:44:52 · answer #3 · answered by Chief BaggageSmasher 7 · 5⤊ 0⤋
She gets the same treatment everyone else gets when a criminal is arrested, like she was. Her Miranda rights do not need to be read to her if they were not asking her any questions about the crime. If they had enough to arrest on harassing phone calls then they probably didn't need to ask her anything. But if she was released at a Juvenile hearing the next day her rights were read to her by the judge and she had to acknowledge them or she would not have been released. The officers are under no legal requirement to do it.
Regardless of the technicalities you are trying to throw, she did do the crime according to your admission. Why not address that fact instead of pointing fingers at everyone else? Why wasn't she supervised properly? Handle the problem not the effects.
2007-03-27 04:49:30 · answer #4 · answered by dude0795 4 · 3⤊ 1⤋
For a start why has your 14 year old got an ex boyfriend and why does she think it is OK to harass a young girl over the phone. Hopefully this will give her a sharp wake up call over not to be such an awful little bully and you should be backing this up by taking her phone away so she cant bully anyone else.
It must have been traumatizing to her victim as well to get all these prank calls. It must have been threatening calls to make this girl contact the police. So think of that the next time you are thinking about how much your 'poor baby' has been traumatized.
2007-03-27 04:22:32 · answer #5 · answered by Lady Claire - Hates Bigotry 6 · 3⤊ 2⤋
they are handcuffed and shackled for their safety,as well as for the safety of the judge and court personnel, People who have committed crimes don't always act rationally when they are sentenced.
You claim she wasn't read her Miranda rights, were you there when she was arrested, or did your daughter tell you that? I'm not trying to be a smart @$$, please don't take it that way.
Your daughter's sentence will depend on her demeanor in court, the judge will probably take into account that it's her first offense, which doesn't necessarily mean you daughter will get a light sentence, the judge will also take into account the facts of the case.
2007-03-27 03:01:14 · answer #6 · answered by evil_paul 4 · 1⤊ 0⤋
Unless you can PROVE no one read her the Miranda warning, then you don't have much of a case.
As for so-called "pranking" it is also called stalking and harassment. While minors have rights, SHE violated the rights of another girl. She can probably be charged with assault (battery is the actual beating part) of some sort. Where there threats involved in your daughter's calls?
I think the "extreme" was a good one. Maybe, just maybe she'll think twice before doing something so stupid again. I hope it teaches her a lesson. It is called tough love, something YOU should be doing.
2007-03-27 02:48:31 · answer #7 · answered by Anonymous · 2⤊ 1⤋
well as i am 13 i know alot of people prank but she shouldnt have and if the police were called it was definatly upsetting the other girl so what about her im sorry for your daughter but im also sorry for the other girl oh and if your daughter wasnt read her miranda rights im sure she will get off , however the police were only doing their duties so dont be mad at them be thankful they forgot or didnt do miranda rights so she can most likely get off btw her ex caused this make it clear that you dont want him calling and if he keeps calling after you warn him call the police on him for harrassment he likes getting your daughter mad and in trouble get him in trouble if he doesnt leave your daughter alone and try not to get your daughter in to much trouble just ground her from the phone so she isnt tempted to call and yell at the girl or her ex
2007-03-27 07:08:54 · answer #8 · answered by Anonymous · 0⤊ 0⤋
If she was not mirandized and was fully charged then a good defense attorney can get her off for her rights being violated.
The police are simply taking the case seriously. Don't blame them, you would want them to take this kind of action if the other girl was calling and "pranking" your daughter. Especially dependent on what was said.
Now, since it is a first time violation she will most likely be given a slap on the wrist as long as she did not threaten violence against the other girl.
2007-03-27 02:43:51 · answer #9 · answered by Chali 6 · 2⤊ 1⤋
minors do not have the same "rights" since thier court is set up different, and they are suppose to be looking for the welfare of the child.
You don't have to be read any miranda rights to be arrested, only before you are questioned, obviously they have her phone record as proof, so they most likely had not need to question her.
And all are transported hand cuffed and shackled for everyones protectoin, that is just procedure.
2007-03-27 14:23:47 · answer #10 · answered by Anonymous · 1⤊ 0⤋