can a public ofender or a d.a for the other side call a 13 y.o in for question?without the guardain being

Question

being there or even aware of the minor being question..my grandchild who is 13 is being accused of fighting and beating-up a13 year oild girl which was filmed on tape..the the public offender took her in a small room without me or my consent only to emerge later saying they were taking the case to court..what are my rights...modesto ca

Answer 1

No, they can not legally call them in unless the parent or guardian is present.

Answer 2

In California the police or DA can question a minor without a parent or guardian present. The minor can, like any other suspect, decline to answer any questions without a lawyer present, but has no right to insist on a parent being present.

I really don't understand the rest of your post though. "Public Offender" is a slang term usually used by stupid people to refer to a court appointed defense attorney. Such an attorney wouldn't usually be appointed until AFTER the suspect is already charged.

A meeting between a defense attorney and his client, whether that attorney is court appointed or privately retained and paid for, should ALWAYS be one-on-one (except for someone like a paralegal) because what the client tells her attorney is privileged, and cannot be inquired into by the DA. That privilege is broken if someone outside the defense team is allowed to listen in. What she says in the presence of her parents is NOT privileged, and the parent can be called to the stand and required to testify as to what her daughter told her, OR what her daughter told the lawyer in the presence of the parent.

Richard

Answer 3

Well, first of all, you probably mean Public Defender. If one has been appointed for your grandchild, then that person is responsible for protecting your grandchild's rights and is the attorney for your grandchild.

Your rights depend on your relationship. If you are merely the grandparent, then you don't have very many rights at all, if you have any.

Rights belong to your grandchild (and are restricted since he is a juvenile), and to his parents. His parents rights are probably restricted to being present during police questioning. Once your child has an attorney, they may be frozen out of conversations (depending on the jurisdiction).

Probably very little questioning, if any, has been done since they appear to have a video tape of the assault.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Answer 4

I have seen and personally know of police officers asking minors questions about an incident. Rights are different if the person is not being arrested. There are so many variables in each situation that I would recommend contacting a lawyer for an answer as it applies to your situation and the laws in your area.

Answer 5

If by public "offender" you mean public defender, they are going to talk to your grandchild without you present. They represent your grandchild, not you, and regardless of your grandchild's age, the attorney/client privilege applies. They do not have to talk to you as they are representing their client's best interest, not their client's guardian's best interest. The rights in a criminal case belong to the defendant (in this case, your grandchild). The d.a., however, cannot talk to your grandchild once she is represented by counsel without the public defender being present.

Answer 6

As a grandparent, you have no rights at all unless you are the legal guardian.