parents legally responsible?

Can a parent be arrested for something a child has done? If someones child has done something (phone or internet related) the law says is wrong, can the parents be arrested, especially if they did not know about it?

The answer could depend on the act and the jurisdiction where the incident took place.

If you’re referring to a criminal matter, then speaking in very general terms, I would say no. Typically, in criminal matters, a person cannot “substitute” for the person who committed the act, so it follows that a parent would not be arrested for their child’s actions. The child may be arrested and charged; but again, this would depend on the jurisdiction and its laws regarding the age at which arrest can occur and at which criminal charges may be brought.

A civil matter may be different. Again, in very general terms, children can usually be sued, as long as an adult litigation guardian stands in on their behalf; and note that in such cases, it is always best to have a lawyer represent both the child and the adult litigation guardian. If the child loses the case, someone will have to pay the damages–so, if the child cannot, the parents may be expected to step in and make good on the damages.

Note that I am giving very general answers. As always, the best advice is that if you find yourself or your child in such a situation, consult a lawyer licensed to practice in your jurisdiction. He or she can give you a definite answer based on the laws in your location.

Truancy. I knew a couple frequent absentee kids who’s parents ended up before the local magistrate being threatened with jail time if their kids kept skipping school.

I don’t think this answers the OP because IIRC, most education laws require parents to send their children to school (ignoring home schooling) but do not require the students to get themselves to school.

The parent in question says their teen daughter had made some prank calls before and had some charges in juvenile court. Now she apprently did something on facebook and the detective told her she would be arrested if her daughter even went on facebook again. I hope that clarifies it some.

It sounds like she got in trouble and the judge ordered mom to do something to keep her in line. Just thinking out loud with no legal experience here, but it seems logical that she could be arrested for contempt.

The daughter hasn’t come to trial yet. The detective said every time the girl sends a message to a friend on facebook, the parent will be charged; 20 messages, 20 charges.

IANAL nor do I play one anywhere but somehow this bothers the hell out of me. I wish I knew a lot more about whatever it is we are talking about here. I think the answer to the OP’s question has far to many dangling “ifs” to be answered factually.

Charging someone and making it stick are two different things :slight_smile:

Are the messages to a friend or are they messages to someone involved in the case? If it’s someone who doesn’t want the messages, it could be harassment.

I can’t see any other logic to it. It could be illegal if they have been ordered to stay off facebook, but they apparently haven’t. If an activity is normally legal and a judge hasn’t said you can’t do it anymore, you can usually do it.

Of course, it’s easier to stay off Facebook than find out the hard way that the cop was right…

Get. A. Lawyer.

I can’t believe I"m the first effing person to tell you this.

A “detective” does not have you interests first at all. He is probably lying and should not be trusted under any circumstances.

Get. A. Lawyer. Find legal aid if you can’t afford it. Anything. But don’t go this alone.

Find an unemployed recent law graduate. Anything is better than nothing.

The girl does have a public defender.

Okay then consult HIM, don’t consult a message board or listen to a detective.

And for god’s sake monitor the shit out of her computer usage. Jesus. Put a password on it if she has access while you’re not at home.

I have no need to do that, I am not talking about myself.

Oh. Whew. Well in that case, don’t sweat it!