Has anyone been to court? *Update

[Serena]

My supposedly intelligent teenage daughter has to appear before the judge tomorrow and I'm wondering if I should do or take anything to court with me.

I'm going to take all the paperwork that we've gotten, just in case.

 

[SDAngel101]

I can't help you out there, but good luck and i hope everything will work out for you guys.

 

[Serena]

I've never been to court or anything so I don't know what to expect or do.
We did get a dress code. lol
The probation officer did tell us a little bit. He asked her if she's going to plead guilty or not guilty.
Seeing how she admitted to the sheriff that she had something to drink, and took a breathalizer(sp), I saw no point in even thinking about her saying "not guilty".
Besides, she did it, we all know she did it, and there is no reason to say anything else.

 

[WillyJ]

Serena,

I have two cousins who are attorneys, and I can tell you what I've learned from talking to them. .

I'm not sure what your daughter was arrested for, but I wouldn't advise her going in and just pleading guilty. . .

It's not about whether she did it or not, or about trying to beat the rap, it's just that in most cases involving non-felonies the judge has a pretty wide range of possible penalties. .

The way it usually works is that your attorney pleads you "not guilty" and then the judge sets a trial date. Then the attorney works out a deal with the prosecutor to reccomend an "average" sentence to the judge (fine, jail time, probation. . ) Then on the trial date you go in and plead guilty and the judge will almost always go along with the penalty recommended. .

If you don't do that and just plead guilty right off the bat, there is a good possibility that the judge will impose the maximum possible sentence, and it could be the difference of say 10 days in jail suspended and a $500 fine vs 90 days in jail and a $5,000 fine. . .

Again, I don't know how serious the charges against your daughter are, but I'd think it would be in her best interest to at least try and talk to the prosecuter or a public defender and find out what the range of penalties are before you go to court. .

What ever you decide, I hope things work out for the best, and I'm sorry to hear your dealing with this kind of situation. .

 

[Serena]

Thanks Willy.
I'll tell my dh and dd this and see what they think.

 

[Pooh93]

I'd just like to say {{hugs}} and hope all works out.

 

[browneyes]

Here's some **pd** to take with you. Good luck to you and your dd.
Hey, we have all done stupid things atleast once in our life (some of us do more than one stupid thing). I hope your dd has learned her lesson and this is her last stupid thing. {{hugs}}

 

[Serena]

Thanks again everybody. We'll see. Good thoughts please.

 

[Poohbear123]

Many times with my X-Husband. Just make sure you listen very closely to the judge call your name, as sometimes when you are standing in the back of the court room, you do not hear very well. {{{Hugs}}} to you.

 

[nativetxn]

Thinking good thoughts for your dd and you, Serena. I hope everything works out in the best possible way. {{HUGS}} sweetie

 

[Deb in IA]

I think you should speak to an attorney.

I personally would not walk into court on a personal matter without counsel.

But yes, I have been to court, but only as an expert witness in child abuse cases and as a juror.

Best of luck to you and your daughter . . .

 

[jan/cape]

Like Deb, I have only been to court as a juror. I remember years ago my brother (as a young teen) had to go to court to testify to vandalism that he had witnessed. He told my mom the story and then asked her what he should say in court.
My mom didn't offer any other advice than to
"Tell the truth."
Don't know if this helps in your situation, but I think they are words of wisdom.

 

[Serena]

It was interesting. We sat in the audience and were able to see a few cases before we came up. The judge was strict, the prosecuter was harsh. But, I don't think either one was unreasonable.

She did plead guilty, and judge appreciated it. They are counting on her to be a witness against the guy that gave her the alcohol. With her guilty plea, they've got the guy and her friend that she went out with.
They weren't as harsh towards her. In fact I think the judge was almost kind. The prosecuter did get the point across that she may have been killed and she is lucky to be home at all.
Her punishment is 2 weeks house arrest; no tv, radio, or phone. She can't go anywhere without one of her parents. She isn't allowed beyond 3 feet while we are outside.

She is on probation for 3 months, with a good chance of early release. The rules are stuff that I no normally. Like she can't go anywhere without me knowing where she is. Homework done, everynight, she can't use a cell phone and she has a 6:30 curfew.
She has 10 hours community service, and a behavior contract as well.

She's more upset with her daddy's reaction than the sentence though. He is almost gleeful. He is feeling so rightious that I have to follow the rules exactly. The house arrest is what he said that she was to have for the full month. I didn't agree. I'm finding out that he has been so angry with me for a loong time. I'm learning alot.

 

[Disney845]

I am a poly sci major with a background in criminal justice. I am possible heading off to law school in a year and a half (if I don't decide to get my masters). I had been a teen court and peer court advisor when I was in high school. I have been to court many many times (nothing pertaining to myself thankgoodness). You have already gotten the best advice on this thread. Seek counsel. Even if this is a minor infraction. It is best to head into something knowning what all the possibe outcomes are. Also I have to agree that pleading guilty may not always be the best line of defense. You may think that the case is obvious especially after your daughters confession to the police and to pead guilty might get you leniency from the judge but that is almost never the case. Not wanting to get too personal, but since you already mentioned drinking, which I asume is underage, what was your DD charged with? Did she sign a written confession, or did the police office get her on tape as confessing?

Glad you mentioned the dress code. You would be surprised at some of the outrageous things I have seen people wear to court, from shower caps to bedroom slippers. Think of this as a Sunday Best occasion. Men should wear button down shirts and ties at least if not a suit. Women should wear nothing revealing or skimpy, a nice pant suit or skirt and blouse would be fine. You will have to go through a security check when entering the courthouse so don't bring anything that could conceivably be a weapon, like pocket knives, nail files, .... Definately bring all court related documents, it looks better if they are in a folder than if you are carrying them. You may want to bring a pad of paper and a pen to write down some of the things the judge says. Most importantly be on time. In fact be well ahead of time. You will probably be kept waiting as court proceedures often exceed expected times, but you do not, I repeat do not, want to keep the judge waiting on you. This looks terrible. Also if you have any younger children do not bring them as they will be a distraction that no one, not you, your daughter, the judge, or the other people in the court room need.

 

[Serena]

She was charged with minor in consumption. It was her first offense.
Her awards, certificates, Psat scores, and her report cards helped her a lot I think.

Long story shorter- when her and her friend arrived at home the mom noticed her friend getting sick everywhere. She didn't know Bri had been drinking too. Bri admitted it later.

Since the mom wasn't supposed to let her daughter out of the house, she was worried that she would be put in jail for disobeying a court order. Or something like that. She called the sheriff on her daughter.
When the sheriff arrived he thought that only Jessi had been drinking. Brittany told him that she had drank too. He did a breathalyzer on them both.
He released her to my custody.
Jessi had a probation hearing the next day. It was to end her probation. They took her to jail and she got out a week later.


After reading Willy's advice I got nervous, and I'm glad it went the way it did. Now I think that maybe we were really lucky.