HOW TO UNDERSTAND CHILD'S RIGHTS AFTER BEING ARRESTED

When a child is arrested, he or she usually has the same rights as an adult under federal law. Local regulations may provide additional protection for both minors and their parents. It's important that you know these rights to make sure there are no violations that can affect your child's ability to receive a fair trial.

Instructions

• Hire a juvenile-crime attorney immediately if your child has been arrested in order to make sure his or her rights are being upheld. The attorney can give you an in-depth explanation of local laws concerning these rights.

• Find out about the charges against your child. The police have a responsibility to inform you right away if your child has been arrested and tell you why he or she is being held.

• Find out whether your child will be tried as an adult or as a minor, as their rights may vary accordingly. An attorney can explain the implications of being tried as an adult.

• Learn whether or not you will be held liable for your child's behavior. In some states, parents are required to pay restitution to victims for their child's crime.

• Contact the American Civil Liberties Union (ACLU) to find out whether the rights of your child have been violated (see Resources below). The ACLU exists to help those who aren't familiar with the law understand and receive all of their fundamental rights, as guaranteed by the Constitution.

• Follow up by asking whether your child's court records will be available to the public. Some states may not allow juvenile records to be accessed by anyone except juvenile officials; others may allow educational institutions and prospective employers to have access to these records.

Tips & Warnings

• You have the right to know that your child has been arrested and where he or she is currently being held.

• Being arrested can be traumatizing psychologically for both you and your child. Should your child be required to serve a jail sentence, this mental anguish can be further exacerbated. Therapy may be able to prevent long-term psychological scarring.