What do I do if the police want to talk to my child?
- Your child is NOT obligated to speak to the police
- You are NOT obligated to bring your child in for an interview with the police
- Things to keep in mind:
- The police officer is trying to do their job and clear the case; they want to determine what consequence is appropriate for your child
- Anything your child says to the police can be held against them
- If you choose NOT to speak with the police, your case can still be referred to court
What happens if I allow my child to talk to the police?
- Your child has the right to an attorney to be present with them during the interview
- This would be a private attorney hired at your expense
- If you have the means, at least consulting with an attorney prior to the interview is recommended
- If you choose not to get an attorney and proceed with questioning, questioning can stop at any point to get an attorney
- In order to prepare your child for the interview, it is important to let them know the following:
- Anything he/she says will be recorded
- He/she cannot take anything back
- Remind them to be respectful/courteous
What is the role of the juvenile police officer?
- This officer may be present in the interview with your child
- He/she is a police officer that works with juveniles, not necessarily an advocate for your child
What do I do when my child is held in custody?
- The child must be brought in front of a judge within 40 hours for a detention hearing
- This does not include holidays, Saturday, Sunday
- Your child will be housed in the Kane County Juvenile Detention Center
- If your child is in treatment/the hospital at the time of arrest, the 40 hours will not begin until they are released from the treatment facility
What is a detention hearing?
- Held to determine probable cause
- State’s Attorney will file a petition against the child that explains the charges against the child
When is the detention hearing?
In Kane County, hearings are held at 1:30 PM each day.
Do I need to be present at the detention hearing?
- Yes, parents need to be present
- If a parent is not present, the child will remain in custody until the court can get a parent to attend
- It is important to note that the law REQUIRES that you have an attorney present as well
- Can hire a private attorney OR the court will appoint one
- If you intent to hire a private attorney, but do not have a chance before the hearing:
- The court could continue the hearing (your child would remain in custody until the next court date)
- A public defender could be appointed just for that particular hearing
Will the court continue to detain my child after this hearing?
- During the hearing, the court will determine whether or not there is an urgent and immediate need to detain the child
- The child could also be placed with the Department of Child and Family services if necessary
- If there is not an urgent or immediate need, the child will be released to the parent
- The child may have certain conditions if released, such as curfew, home detention, or restricted from seeing certain people
What is the next step after the detention hearing?
- If the child is released to the parent or placed back into detention, the case will move forward to trial or a plea agreement.