My question involves criminal law for the state of: Arizona
My 12 year old child recently molested my 4 year old child. I reported the situation to the police and they investigated it. The police report recommended the 12 year old child be charged with two class 2 SO felonies (13-1405 and 13-1410) and have referred the case over to the DA to determine if they will prosecute. I am currently awaiting the DA's response.
My 4 year old just started receiving therapeutic services and my 12 child is no longer living in my home, but is now living full-time with their other biological parent. (Their biological parent and I have been divorced for years, we both have joint legal and joint physical custody, and I am remarried).
Other things that might be important to note with the 12 year old are (1) they have a professionally diagnosed, specific learning disability and have been receiving supportive services for several years and (2) they have a professionally diagnosed, specific mental disorder diagnosis and have been receiving supportive therapeutic services for the past several years.
My biggest questions revolve around what now...?
1) Is it reasonable to expect that the 12 year old will be charged with something?
a) What should I expect if they are charged?
b) Would a public defender be provided for them? (Neither parent has the ability to pay for an attorney.)
c) What could I expect my role be in the situation since I am the parent in common for both the offender and the victim?
d) What could be the long term consequences of this, if they are adjudicated (sentencing, SO registration, records, etc.)?
2) What should I expect if they are NOT charged?
3) Pros/Cons of getting the 12 year old get into specific SO counseling before anything has been decided by the DA's office.
Any advice is appreciated since I am in uncharted waters.