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Texas - 17 yt old charge vandalism

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  • Texas - 17 yt old charge vandalism

    Long story will try to shorten...
    17-year old nephew - last weekend him and 7 friend keyed a car of some boy they were mad at for some stupid reason - $4000 in damage - Monday at school the school cop heard the rumor - the school cop who is a retired county constable started taking kids out of class and questioning them regarding the keying of the car - he then was able to narrow it down to my nephew and the other 6 boys who he took out of class and interrogated Monday, Tuesday and Wednesday - Thursday he takes them all out again and proceeds to tell them that he has photographic evidence from a witness and that he has filed papers with the court and had them all classified as adults - he tells them that if they sign a confession he has made an arrangement with the DA that they will only pay $1000 and go to county jail for 3 days - if they dont sign the confession then they will go to the nearest prison (Huntsville) for several months and that he hoped they like to be F*&*ed in the *** because that is what was going to happen - of course the boys freaked out and all "confessed" - my nephew text messaged his mom with the simple message "mom come get me I am being arrested at school" - His mom called and at first they could not locate him - the principal had no idea that the "investigation" was even happening - they were all shocked and are now scrambling because there was no evidence, no rights were read and no parents were called - What can we do? I have found out today that the boys are all supposed to be arrrested Monday when they go to school - evidently there is some law that says they can do this? Being that it is the weekend I dont know who to call or what to do.

  • #2
    If I got this right - nephew:
    1) got "arrested" at school
    2) confessed (signed confession)
    3) now home but may be arrested Monday at school.
    My only suggestion is to get an attorney as soon as it is possible.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

    Comment


    • #3
      My sister (his mother) and his dad are going to see an atty Monday morning and are basically hiding him at relatives homes until then. All of the parents/kids met today and decided on a plan of action. I guess we are all seeing this as two issues. One his rights were violated because he was not read his rights and two why this took place during school hours on school campus when the vandalism took place in our neighborhood in front of the other boys home on a Saturday. It seems to me that this school cop abused his authority but I am hearing from others that he was within his rights to do this. We all feel that my nephew should pay and they probably would have agreed to let the school cop scare him a little if the cop had called my sister and told her what was going on. Not to mention the classes he missed while he was in his daily interrogations. Does anyone know if the ACLU gets involved in situations like this. We are definitely going to go after the school authorities and the school cop.

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      • #4
        ANYWHERE in America, if you are arrested and questioned, tell the cops "I have nothing to say". The magic five words that can save you from a lot of trouble, no matter your guilt. Now, get a lawyer. Since your son was takne into custody and interrogated and apparently not Mirandized (read his rights), the confession should be tossed out. And if that school cop is not POST schooled and/or POST certified with a local or state Law Enforcement agency, he likely had zero authority to do even an investigation much less an arrest as in most states where one can do a citizen's arrest they must have first hand knowledge (i.e. witness) the act committed.
        I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
        Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
        I also may not have been either sane or sober when I wrote it down.
        Don't worry, be happy.

        http://www.rcfp.org/taping/index.html is a good resource!

        Comment


        • #5
          Originally posted by TX Deputy Sheriff
          Get Over It!!! A Texas Ranger Is A Texas Peace Officer As Is Everone Else That Is A Peace Officer, Including But Not Limited To, City Police, County Sheriff, School Police, Dps Troopers, Game Wardens, Constables, L.c.r.a. Police, And Texas Rangers.
          Didn't they teach you how to write in deputy sheriff school?? Do You Fill Out Your Reports Like This?

          Oh...And as a "peace" officer one would expect that you would know that in Texas 17 is still a minor! Age of Majority is 18...
          Baystategirl
          Senior Member
          Last edited by Baystategirl; 04-09-2007, 08:09 AM.
          Please Note: My "warm and fuzzy" font is not working, therefor my posts will be direct and to the point.

          Thank you in advance for your anticipated understanding.

          Bay

          Comment


          • #6
            The age of majority may not have anything to do with it. There's no federal issue with the juveniles being interrogated without their parents present. There may be state case law on the matter though. Juvenile procedure varies from state to state.

            From the OP's statement, it's hard to say if rights were violated or not. It sounds exagerated. I would question the admissiblity of any statement gained with a promise of liency.

            I am a school resource officer, and I can interrogate children without their parents present. If the child isn't in my custody, then Miranda doesn't apply. If the child is in custody, then I have to wiegh several factors such as the age and education of the child. Most of the time, it's just as easy to contact the parent if I want to have a nice air tight case.

            This Texas bar site seems to indicate that 17 year olds are charged as adults in Texas.
            Militant Agnostic- I don't know and you don't know either.

            Comment

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