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Is it required by law that an parent or guardian attend a probation appointment with a...

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josecole | eNotes Newbie

Posted June 10, 2008 at 3:21 AM via web

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Is it required by law that an parent or guardian attend a probation appointment with a juvenile sentenced to adult probation?

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dbello | High School Teacher | (Level 1) Educator

Posted June 13, 2008 at 12:26 PM (Answer #1)

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Yes, law enforcement cannot speak to a juvenile without a parent or guardian present.  Regardless of the status of probation, the reason juvenile law has different mandates regardless of probation status is that juveniles do not have the cognitive capacity to fully understand the law, juvenile or otherwise.

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urzula | Teacher | (Level 1) Adjunct Educator

Posted August 13, 2008 at 9:36 AM (Answer #2)

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Yes, if a juvenile is being questioned by law enforcement, a parent or guardian would have to provide consent for any interrogation.  However, in this case the facts suggest the minor has already entered a plea or had a trial, which could alter the situation. It sounds like the juvenile is being treated as an adult under the law and that means a parent probably does not have to attend. Does the child have an attorney?  In that case, the attorney would "speak" for the juvenile. Regardless of the situation, it is always important for a parent to be in court and show support for the child. Some judges take this into consideration when determining a sentence.

Because each state has different laws, you should consider contacting an attorney for legal advice for your specific situation. Most bar associations have a referral service where attorneys will provide the first visit free or for a low cost. You could contact your state bar or county bar for assistance.

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yungclas | College Teacher | eNotes Newbie

Posted November 4, 2008 at 9:16 AM (Answer #3)

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Actually, this may differ depending on state.  In Wisconsin, as long as the juvenile understands his/her rights, and what is going on in reference to the investigation, a parent need not be present.  In all cases that I am aware, the child needs to be present.  This may seem like common sense, but some parents wish to appear for the child which is not possible

I agree with the response from urzula as well.  Definitely get in contact with an attorney, especially if he/she is being treated as an adult.

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