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  #1  
Old 01-02-2016, 05:03 PM
HisMom2001 HisMom2001 is offline
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Unhappy Son being arraigned for class A felony next Friday

Hello all,
My only child who suffers from ADHD, ODD , Aspergers and PTSD is going to be arraingned for a class A felony on the 8 th...
He's not even 15...
The crime took place on April 17 th...
I'm at a loss for words...
If convicted he's looking at 103-129 weeks in a facility named Echo Glen Children's Center in Snoqualmie WA.
I don't know much about courts and read everything I can find but I still don't know enough.
Do they make plea deals with juveniles? How often can I call him and see him there? Can I send him letters? Did anyone have a child at Echo Glen here?
I am fighting to keep it together for him but the thought of him going away is killing me...
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Old 01-02-2016, 05:52 PM
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Welcome to Prison Talk. I'm sorry for what you and your son are facing. Not knowing what that will actually be is the hardest time for all of you, but stay strong and take care of yourself.

His lawyer is the best source of information about what to expect in court, and in the juvenile prison/center, if he does end up there. His lawyer is also his best advocate for a more lenient sentence.

Echo Glen is under the Washington State Department of Social and Health Services, not Corrections.
https://www.dshs.wa.gov/ra/juvenile-...n/institutions
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Old 01-02-2016, 06:30 PM
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I'm so sorry to hear that you and your son are facing this situation. As someone who's been to juvie, I can tell you it's not Disneyland.

I'll keep you both in my prayers. This is going to be a difficult time but know that you can find support here.
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Old 01-02-2016, 07:42 PM
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I am sorry to hear what you are going through. Its true that the waiting and not knowing is the worse time. When you have the sentence and you know for definate where he is going that will help.
Hopefully if this place is run by social services they maybe some support programs there which may help your son.
Wishing you you well.
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Old 01-02-2016, 10:01 PM
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Okay, first things first - you will be able to visit with him, you will be able to talk with him on the phone, you will be able to send letters. Relax on that part.

Now, you're using the PD or getting him a lawyer, right? Yes, they have to have you or a lawyer present before any questioning and the like, but there's a big difference between you, a parent, and a lawyer, not the parent of the kid. Doesn't matter if you have a law license in all 50 states, you should not be representing your kid. You can't - you're the parent and your base level concerns and responsibilities are those of a parent, not somebody fit to litigate your child's defense. So, don't try to be a lawyer - get a lawyer for your kid and let that lawyer do his/her job.

Now, you, as the parent, can help the lawyer do his/her job. You want to get documentation in front of the defense attorney (not the judge, not the state). Get your kid's therapist and treatment providers names. Sign and help your kid to sign HIPAA requests so that the attorney can consult with those treatment providers. I won't mince words here - you need to be real careful with the ODD thing. Many prosecutors look at kids dxed with ODD as "just too young to be dxed psychopaths". Do not tell the State that your kid has ODD. Let the attorney know, and have the attorney talk with his treatment providers so that ODD, if brought before the court, is brought in a way that says that your son, you, and his treatment providers have a well formed alliance, and that you all are on board in terms of a treatment plan to deal with it. And, this is just a slip that will not happen again, given a revamped treatment plan created as a result of this current problem.

Now, one other thing - don't talk with your son about the facts of the case. There's no such thing as "parent/child confidentiality". You do not want to be a witness to the facts for the state. You're already a witness - they will ask you about taking him home and what sort of structure you can provide for him, along with what sort of supports from the State can be used to help you with your journey as the parent of a child on the verge of delinquency.

Listen, if the crime involved violence, there's a good chance that they will want him to get a taste of juvie, enough to scare him to enough to make an impression. If the crime did not involve violence, there's a much better chance that he'll be released to you provided you can supply adequate supervision and services. Don't let the arraignment maximums scare you - they are maximums meant for people who repeatedly offend, don't have a ton of parental involvement, don't go to school, and are highly likely to re-offend quickly, creating peril for the community. Nobody gets the max unless they know by experience that they are getting the max, especially on a misdemeanor.

Do not put him in Echo before you've talked with his attorney. Yes, arraignment maxes are scary as hell, but they are meant to only inform you of the max the child could face - a lot more goes into figuring out what your kid actually deserves than just the sentencing max. Breathe.
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  #6  
Old 01-03-2016, 07:19 AM
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Thank you all for the replies.
I just feel so incredibly lost...
I don't have any experience with the courts much less with juvenile courts and felony charges...
I read everything I can possibly find and try to calm my nerves.
My son has never been in trouble with the law before...
The reason behind my thinking it will be Echo Glen is because that is the only facility in WA where kids that were convicted for this kind of offense go.
How likley is a plea deal?
Or lesser charges?
My son has an below average IQ of 77 .
Yes he has an assigned attorney but I was told we will not get to see or speak to her until the arraignment.
She is a public defender.
How in the world can she prepare a defense if we don't even get to speak to her until arraignment?!
How likley is it that I can bail my son out and how much do they ask for?!
I spoke to a probation officer which told me the fact that my son has not been arrested means that police and prosecution think my supervision does not require him to be incarcerated.
I am in shock and I , like probably all other mom's here, never thought I would find us in this horrific situation..
I am greatful for any and all advise and I will not mention his ODD.
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Old 01-03-2016, 08:50 AM
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The court process is comprised of many steps, the arraignment being only the first. If you can have a thorough discussion with his PD then, not talking to her before that hearing won't matter.

Write down all of your questions, and your son's too, so you won't forget to ask. Judge her interest in your son, and his case after your interview. If she seems disinterested, or is too busy to devote enough time to her most important client (for you, your son), then find a different lawyer.

It's too early to read the tea leaves, but the fact that he has not been arrested is definitely a measurement of the state's opinion of the potential danger your son poses in the future, which is a good thing. Be patient, otherwise you will make yourself ill.
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Old 01-03-2016, 09:14 AM
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I am sorry that you are going through this. For the last year and a half we went through the entire process with my 32 yr. old son. Arrest, arraignment, incarceration, bail, preliminary hearing, and plea deal in the LA Superior Court System. My son is not a juvenile, so I have no knowledge of juvenile perspective. I can imagine it's very scary for you. He has a PD because you cannot afford a lawyer? If you can afford a good lawyer it would help you tremendously. The cost for all 3 phases of the legal proceedings was 45K. I know, it's a lot of money. What state are you in?
I will be praying for you, and please stay in here for answers to questions. You need support. The process is long and sometimes confusing. There are other groups to join in yahoo groups as well, like "Families of Prisoners." Please pm me with any concerns or questions that I can help you with. God Bless you and your Son.
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  #9  
Old 01-03-2016, 11:04 AM
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I just wanted to echo to you that patience is going to be your best friend here.
Its all so terrifying to a parent to have their child in this situation.
Try NOT to dwell only on your son. Remember yourself in all of this, and be kind to you.

I know how scary it can be. How horrible you feel.
Hopefully you have other family, friends, spouse or sig other to give you the hugs YOU need.

((((((((((((HisMom2001)))))))))
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Old 01-03-2016, 02:50 PM
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not much happens at arraignment. Talking to the attorney before hand will not help you.

Plea deals are quite common in juvenile court, just as in adult court. However, most juvenile court cases get a lot more attention and scrutiny. I don't know if this is common across the lands, but in IA and IL, juvenile cases can have judges that do nothing but juvenile law. As a result, the judges see a big cross section of kids, with the emphasis on rehabilitation whenever possible.

Remember this little factoid of juvenile legal history - the first ever juvenile court was created in Cook County, right in the heart of Chicago. The purpose of this special court was to rehabilitate children, give them a second chance without a felony record hanging around their necks their entire lives. The idea was that young people are special - they are not fully formed adults, rarely have a good idea of what the consequences of their actions are, and with a bit of guidance from the court can grow to become productive adults. The first kid adjudicated in Chicago's new juvenile court was that of a 14 year old. The kid was belligerent with his parents, refused to attend school, and was hanging out with a nefarious crowd of kids. Henry, if I remember the kid's name correctly, was told that his parents refused to take him home even if the court let them. Instead, he sent the boy to his grandparents farm in Upstate New York, but only because the kid wanted it, the grandparents wanted it, and it gave the kid the fresh start he needed.

Most juvenile judges are there because they genuinely like kids and want to see them succeed as adults. Same thing goes with the state and the public defender. They are there because kids are special.

Absolutely agree with the poster who said write down questions for the PD.

Beyond that, support your kid emotionally. Let your kid know that he's loved and missed and help him know that he's not totally fucked by all of this. Since he's a lower IQ kind of guy (77 isn't that low, so there's a bonus), and he's on the Aspberger's spectrum, you're really going to have to help him navigate the social situation in juvie. The structure of his day may really be helpful for him, but the social interactions are going to be tough. I mean, how many gang bangers has he met before today? Most kids not caught up in gangs and drugs are there because law enforcement was an integral part of the worst day of their lives, but distinguishing a drug dealer from a kid who's there because of domestic violence - that can be hard. Assuming your kid is actually trying to hang out with other kids in his current facility - you're going to have to help him navigate. With kids with lower IQs than your son's, it's hard for him to distinguish between his attorney and the attorney for the state. Further, he has a habit of trying to be engaging and helpful in any way he can. He should know that if his PD is not there should he encounter strange adults outside of his current juvenile facility, he should keep his mouth shut. His PD will be telling him this, but you need to inform the PD that he's a lower IQ sort of kid - some kids look perfectly normal in their understanding simply because they are used to pretending. throw in the litany of dxs that your kid has - let his PD know about all of his dxs. All go towards whether he's able to continue on, whether he needs a GAL, and what he's actually able to understand. Further, a PD aware of these things will take more time with such a client.

Anyway, worry about your kid's mental health and his overall mood - that's where you can do the most to help your kid and his case. And help him navigate those juvie interactions.
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Old 01-03-2016, 09:27 PM
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Thank God so far he has not been arrested.
In fact , we didn't hear a word about the case between May 17 th and December 23 rd when I pulled the arraignment paperwork out of the mailbox.
From all I know there is NO physical evidence and all they have is the statement of the other kid.
My son has no rap sheet, never got in trouble with the law but got in plenty of trouble at school.
The school he had to transfer to after he was served with a protection order was against him from the start due to the allegations against him.
He has a line of sight plan that could not be worse.
He can't even go to the bathroom alone.
The line of sight para educator hates my son and has come up with totally off the wall stuff that got my son in trouble.
He went so far as to say my son said he had a sexual relationship with the mother of a friend which is utter bs since ever since this case started in April we didn't leave my son out of our sight for A MINUTE.
There's been an investigation that of course came to the conclusion that my son never had any sexual relationship with anyone.
The school has it out for him and my son reacted with pure VERBAL aggression.
He has NO record of any physical violence even though he has a very big mouth when he feels helpless and does make threats as in " I will beat your ass, we'll get in a fight..."
Never once has he actually laid hands on anyone though.
The school expelled him just before Christmas due to my son telling the para educator he'll get in a fight with him if he doesn't leave him alone ( the para made fun of him and wripped a sheet of paper out of his hand).
That will now count against my son....
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Old 01-04-2016, 08:27 AM
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aahhhhh geez. Sounds like the para *educator* needs a new job.

(for the record....most 14-15 yo do have big mouths that get them into alot of trouble)
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Old 01-04-2016, 12:41 PM
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Hismom2001,
In order for us all to give you a better insight on what may or is likely to happen, we will need a better understanding of your son's situation.

Is he currently being housed in a juvenile detention facility or is he residing with you?

If he is residing with you is he under any special orders from Children's Services or the judicial branch, such as mandatory counseling, school attendance, no contact orders?

Is the Class A Felony charge / allegation sexual in nature?

I doubt the Juvenile Court will remand him to custody if he has not been detained since the allegation was reported nearly 9 months ago, unless there are mitigating circumstances such as DNA or a continuing investigation that caused the delay.

I did some research on Echo Glen and the average stay is 6 months, although some youth can stay there longer based on their lack of progress in the program. It appears the program is used more for probation / parole violators than first time offenders direct from court.

Take Care, Chris
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Old 01-04-2016, 09:31 PM
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Yes it is a sex offense.
He is accused of Rape of a child in the first degree.
And no he has not been arrested, detained or questioned.
The cops wanted to talk to him but we were advised by an attorney to not let that happen.
There is a sexual protection order against him .
We got served with that in May and that was the last we heared until December 23 rd when we got the arraignment packet in the mail.
He is not under any kind of court ordered supervision as of right now but due to the allegations the School District imposed the line of sight plan as soon as he switched schools which he had to due to the protection order.
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Old 01-04-2016, 09:49 PM
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[quote=HisMom2001;7500220]Yes it is a sex offense.
He is accused of Rape of a child in the first degree.
And no he has not been arrested, detained or questioned.
The cops wanted to talk to him but we were advised by an attorney to not let that happen.
There is a sexual protection order against him .
We got served with that in May and that was the last we heared until December 23 rd when we got the arraignment packet in the mail.
He is not under any kind of court ordered supervision as of right now but due to the allegations the School District imposed the line of sight plan as soon as he switched schools which he had to due to the protection order.[
No DNA was ever taken.
The " victim" which my husband saw minutes after the alleged offense had no injuries, was not in distress after alleged incident...
According to what the papers state my son supposivley had oral and anal sex with the kid that is 2 1/2 years younger and much smaller than my son.
The mother of the alleged victim did not even take her son to the hospital until more than 24 hours later.
There were no injuries what so ever, no physical evidence and it's the statement of the " victim" that the charge is based on.
My son has no history what so ever of sexual abuse whether as a victim or a perpetrator .
His old school was just as shocked as we are.
There never was a single incident where my son got physical whether it be sexual or violent in nature.
/QUOTE]
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Old 01-04-2016, 10:42 PM
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Not trying to be Debbie Downer here and I'm sure whoever asked you for more information was only trying to help but for your childs sake don't disclose information about his case on the web where everyone/anyone can see it and have access....it's not good. Just a little free advise there. l
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Old 01-05-2016, 12:29 AM
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Hopefully your state has a Romeo and Juliet provision that's at least 3 years.

Listen, what you need to know is that kids cannot have any sort of sexual contact with other kids without being accused of rape. It really sucks because such laws do not take into account the normal sexual development of kids. Nor do parents, especially when it comes to sexual conduct between same sex kids (most parents do not understand that sexual contact and exploration is quite common among "tweens" and even younger kids, especially boys). Things that can complicate matters include whether or not one or both parties were developmentally delayed, have a low IQ, or have a history of sexual abuse as much younger children. Any sexual conduct between juvenile peers, penetrative or not, is considered rape since a juvenile cannot consent.

They don't have to ask for a DNA sample from your son right now. If there is DNA evidence with the victim, they can motion for a sample from your son at a later date as discovery continues throughout the duration of the case.

Fwiw, even otherwise consensual sexual conduct between minors is considered rape, and a violent crime. Keep that in mind when you're thinking about the charge. Remind yourself that most of the junior and senior class would be considered violent rapists after prom, not because they actively physically attacked strangers, but because they had some form of sex with their romantic partners. You don't have to draw blood to rape somebody when you're a kid - all you have to do is have sexual congress with your boyfriend/girlfriend.

Here's where things get really scary - a conviction for a sex offense as a juvenile is special. He would have to register even as an adult, perhaps for the rest of his life. Further, he will be considered a child sex offender for the rest of his life even though his victim is of a similar age/cohort as him.

It always bothers me when the State takes their sweet time in prosecuting juveniles. A year (or 9 months, whatever) is a lot of time for a kid, it's a lot of growing for a kid. Too often, they'll wait until the scrawny, thin, acne ladened boy has matured into somebody much more physically mature before prosecuting. It's very difficult for a jury or a judge to look at a 6' tall, broad shouldered kid with a noticeable beard and see a prepubescent kid, a foot shorter, awkward and all, and see that small kid sexually interested in another small kid similar in age. No, the visage of the kid/almost a man before the judge or jury wins out, and they see the almost a man with the little boy, and things become unnecessarily worse.

Listen, it's late here and I need some sleep, but when you try to help your son make decisions about his case, you need to be the parent and remember that conviction of a sex offense will not go away just because he attains his majority. It is usually much better in the long run to do time for a non-sexual assault than it is to walk free with a conviction for a sex offense.

But, right now, keep all of that in the back of your mind. Support your son as best you can right now - lean on him when it comes to grades, make sure he's adhering to his schedule and doing what he's supposed to do, keep him in therapy (assuming he's there for ODD and the like). Normalcy and routine can really help him deal with things, especially when they are up in the air.

You want to ask his attorney questions about things like Romeo & Juliet provisions to statutory rape, the impact of a sex offense once he attains him majority, and get a clear understanding of your state's rape laws.

It sounds like he's out, living with you atm. This is very good as the familiar surroundings and routine will keep him de-stressed even if you are completely stressed by what's happening.

remember the motto of this sub forum: breathe. It sounds trite, but breathe. Do deep, slow breaths and it will help you dial down the stress.

So sorry you're going through this.
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Old 01-05-2016, 09:33 AM
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Yeah I know what you mean. My son is NOW 5'9 and 175 pounds.
Then he was 5'4 and 140 pounds.
As far as the SO registry goes, we are very lucky because my son was / still is 14 which in our state means after everything is said and done ( detention and probation done) he only has to remain on the registry for 24 months.
Which is a huge blessing.
I hope to God that the sex thing is gonna go away and the PD can work something else out.
My kid is by no means a sexual predator .
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Old 01-05-2016, 04:19 PM
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Yourself has given you great advice and I hope this all works out for your son.

I would recommend double checking the SO registration time as many states have mitigating circumstance clauses that enhance the time on the registration, even for juveniles and weather they are made public or not.

Take Care, Chris
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