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Criminal Law/Restraining a minor

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Expert: - 9/4/2009


Question
Can parents restrain a minor child who is intoxicated, physically abusive and destroying property.  My friend locked her daughter in her room, the daughter called the police and they advised the mother she could be arrested for holding her daughter against her will.  Again, child is a minor, drunk and has a history of physically abusing her mother (broken facial bones)

Answer
Janet,

There is no "yes" or "no answer to your question.  The entire totality of the circumstances would have to be evaluated which would include me talking to both the teenager and the mother, knowing the age of the girl, past episodes, and the law in your state.  I want to also add that the law in every state is different so what might be true in MY state is not necessarily true in YOUR state.

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Jack Toomey

Expertise

Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.

Experience

I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.

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