13 Yr Old In Trouble, Do I Need A Lawyer?
Hi everyone, I posted originally about this situation in r/CPS I believe because I wasn't sure where to turn and a lot of people suggested this sub instead. I posted about a week ago and decided to post here after learning more.
Original post: https://www.reddit.com/r/CPS/s/DASPgEfB7p
Location: Florida
If you don't want to read a whole other post, basically I got a call from the school that my daughter was not going to be on the bus because she was a part of an investigation. They couldn't tell me anything but said the school resource officer would call me. They didn't and I called back after an hour to see if I needed to come get her or what. When we got there it was explained to us that my daughter and another student were making fake tiktok accounts to harass another girl in their grade. It was explained that the accounts were only made the night before and they were telling this girl to end herself. I was very surprised and upset because my daughter is not typically that type of kid but she has been struggling mentally recently, she made an attempt of her own about a month ago. Cops took my daughter's phone and the other kid's phone who was involved. Then they followed us home and searched her bedroom for weapons.
My daughter was pretty distraught and depressed afterwards. She didn't want to talk at first but finally she was ready. I asked her questions and I listened without scolding her. I asked what had led up to her deciding she was going to do this and she said she was tired of this girl spreading rumors about her, bullying her, and now apparently bullying her friends now as well. She said she was upset because one of her close friends was hurt by this girl, and she said her friend is so sweet and good that it made her angry. (I believe i did mention in my original post, maybe in the comments, that we've had issues with this girl in the past and we know she's been spreading rumors about my daughter. I thought this may have led to what happened but wasn't sure and didn't want to excuse what my child did, and i did not mention that thought out loud). I asked when she made these accounts and it was the night before. I know some people were saying it couldn't have just been one account she made and they were right, she said she made three, but it was all in one night. I asked how the other kid got involved in the harassment and she did admit that she asked him to join. She couldn't explain why. When I asked why she did this she started crying and said she wanted this other girl to feel how she has been feeling, how the girl has been making her feel.
Then I wanted to know how the school and police handled things. She said the school administration called her up and asked her if she had made those accounts and she said yes. She said after that the police instantly started questioning her first, then outside police came. She said the female officer was very mean, yelled at her and made her cry, but from what it sounds like my child was cooperating and answering honestly about what she did. I don't understand the need for aggression. She said the male officer was calm. The male officer apparently asked her if she would have been able to live with herself if the girl had actually done something amd my daughter said no, and I believe her. I asked if they had their body cams on and she said yes. My partner asked if they made her write a statement and she said yes. We asked if they ever offered to let her have her parents present and she said no. We asked if they ever even said they were calling her parents and she said no. She said this started about 3pm. The school did not call me until after 5pm when my kid would have been on the bus home.
She has an iPhone. I asked if they asked her for it or if they just took it and she said they just took it. I asked if they asked for her password and she said yes. I asked if she gave it to them and she said yes. I know from past experience that Apple doesn't like to give access and if she had said no they probably wouldn't have been able to get into it. My brother was arrested years ago and he did the same thing, he gave up his password because he didn't know. Obviously a 13 yr old doesn't know her rights and I know cops are manipulative. But I also asked why she didn't hesitate to tell the truth and she said that if they were asking they probably already knew she did it so she didn't want to lie.
My partner briefly spoke with a lawyer and was told that legally the school officer is allowed to question kids without parents present and without calling us, which is why they do these things at the school so parents don't have to be involved. But the second it turned into a legal investigation we should have been called.
I'm sure there are some details I'm forgetting at the moment because it's been a long week for me but feel free to ask questions. Police still have the phones and apparently are investigating so I'm worried they'll try to add more charges later. They said the parents aren't pressing charges but because the girl didn't come to school that day there is an "interference of school functions" charge that my daughter has a citation for. Should I be talking to a lawyer? Is it possible they could add more charges? Why would they take the phone and continue investigation if she's already been cited?
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