Contributing to Delinquency Charge After Children Were Caught on the Roof of a School
My question involves criminal law for the state of: Ohio I let my eldest daughter 15(16 in one month) take her siblings ages, 12,11,9 to the park at the end of our street. There is a school building there that is used now for meetings. My eldest let them sit on the roof of the school. The police showed up, my eldest text me to come get them. When I got there I was informed of what they were doing and told either all four of them would be charged or I would, because the school was pressing charges. I know it was wrong for them to be up there and no they were not smoking or vandalizing anything. The cop believed I gave permission for them to be up there and wanted to take me to jail. The other 2 cops and janitor didn't want me to go to jail. So the cop charged me with contributing to the delinquency of a minor, and gave me a summons for the city court. The nice cop told me to go city hall and talk to the prosecutor and explain the situation and I probably could it reduced to trespassing. So I went to city hall and they told me I couldn't talk to him until right before I go to see the magistrate. His secretary assured me they would not put me in jail for this, but it's not up to her. So my question is if I talk to the prosecutor without an attorney before I see the magistrate and he won't work with me, can I plead not guilty. If so will I get a trial and chance to get an attorney then or will he sentence right there? I don't want to go to jail. I've never been charged with anything in my life and I've never been away from my kids. My husband doesn't think we need to get an attorney, that we should meet with the prosecutor first, but I am scared of being put in jail when I go before the magistrate. Any advice would be appreciated. Thank you.
Re: Should I Meet with Prosecutor Without an Attorney
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Quoting
mauribar
My question involves criminal law for the state of: Ohio I let my eldest daughter 15(16 in one month) take her siblings ages, 12,11,9 to the park at the end of our street. There is a school building there that is used now for meetings. My eldest let them sit on the roof of the school. The police showed up, my eldest text me to come get them. When I got there I was informed of what they were doing and told either all four of them would be charged or I would, because the school was pressing charges. I know it was wrong for them to be up there and no they were not smoking or vandalizing anything. The cop believed I gave permission for them to be up there and wanted to take me to jail. The other 2 cops and janitor didn't want me to go to jail. So the cop charged me with contributing to the delinquency of a minor, and gave me a summons for the city court. The nice cop told me to go city hall and talk to the prosecutor and explain the situation and I probably could it reduced to trespassing. So I went to city hall and they told me I couldn't talk to him until right before I go to see the magistrate. His secretary assured me they would not put me in jail for this, but it's not up to her. So my question is if I talk to the prosecutor without an attorney before I see the magistrate and he won't work with me, can I plead not guilty. If so will I get a trial and chance to get an attorney then or will he sentence right there? I don't want to go to jail. I've never been charged with anything in my life and I've never been away from my kids. My husband doesn't think we need to get an attorney, that we should meet with the prosecutor first, but I am scared of being put in jail when I go before the magistrate. Any advice would be appreciated. Thank you.
You must have seen a cop show at some point along the way. What is it they warn in almost every one?
"Anything you say may be used against you in a court of law."
Anything. You have no idea what things so say or not. If you decide to meet with the prosecutor yourself, then accept the fact that meeting will determine what will happen. You will not be able to successfully fight it and get an attorney later as you will say something incriminating. Decide now as to if you will be getting an attorney. I would think being accused of a crime is the time for an attorney in all circumstances.
Re: Should I Meet with Prosecutor Without an Attorney
If you meet w/o council, stick to your claim you had no knowledge and only went after the call your children had been detained.
Re: Should I Meet with Prosecutor Without an Attorney
What council is he supposed to be meeting with?
They are generally not obliged to warn you that they are the opposition. Miranda only applies to questioning when you are in custody.
The prosecutor is NOT on your side, he is the enemy.
Re: Should I Meet with Prosecutor Without an Attorney
No, actually I haven't watched cop shows, but I have watched movies. They told me I could sign a plea absentee, I believe it's called and pay a fine, since I am moving from Ohio. I don't want to plead guilty to contributing to the delinquency of a minor. No one has informed me to get a lawyer. If I plead not guilty, they will sentence me right there on the spot or give me a trial? And no I'm not stupid, just scared and unaware how these things work. My husband who makes most decisions, says we don't need a lawyer, so I just wanted some feedback to give him.
Re: Should I Meet with Prosecutor Without an Attorney
You agree to being sentenced in absentia you will be found guilty of a crime and you will have a life long criminal record and be seriously doubted about the ability to care of your children. When they say it will be EASIER IF YOU PLEA, they mean it will be easier for THEM.
YOU NEED A LAWYER. Your husband is WRONG.
If you plead guilty (or agree plea in absentia) you'll be found guilty.
If you plead not guilty, you'll be scheduled for a trial. It won't proceed immediately (unless you are stupid enough to insist).
Re: Should I Meet with Prosecutor Without an Attorney
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Quoting
flyingron
You agree to being sentenced in absentia you will be found guilty of a crime and you will have a life long criminal record and be seriously doubted about the ability to care of your children. When they say it will be EASIER IF YOU PLEA, they mean it will be easier for THEM.
YOU NEED A LAWYER. Your husband is WRONG.
If you plead guilty (or agree plea in absentia) you'll be found guilty.
If you plead not guilty, you'll be scheduled for a trial. It won't proceed immediately (unless you are stupid enough to insist).
I am not going to sign the plea, when they handed me the paper I read it and saw I had to sign that I was guilty of that crime. I am moving to Indiana today. This happened to me 2 days ago, while we had the movers at the house. I don't have time to get a lawyer before I leave Ohio. But what you're saying is I can appear for my summons and plead not guilty and have a court date set? Then I can retain a lawyer for my hearing, if I don't get one before then? I am going to try to before my summons date, but it is only 12 days away and I can't come back here till that date. People I've talked to have said that they can sentence me there on the spot even if I plead not guilty, which makes no sense to me.