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Love will never reject others.
It is the first to encourage and the last to condemn.
To arrest someone, the police need
‘probable cause’ to believe a crime was committed and that this suspect
did it. A judge rules on the facts, not the police officer. To convict
someone of a crime, the court must find “beyond a reasonable doubt” that
the defendant committed the crime - a high standard.
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Discipline
Laws
It's the Law in Minnesota and There are Consequences
When a student has contact with police
due to a drug or alcohol offense, police must notify the student’s school
of contact
(MS 121A.28)
Tobacco Laws
(Minnesota Juvenile Code 260B.007,
Subd. 16, Minnesota Statutes 609.685)
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It is against the law for
anyone under the age of 18 years to purchase, possess or use tobacco
products.
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A person who lends a driver’s
license to another who then tried to buy tobacco may lose their license
for 90 days (MS 171.171,4)
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The law does NOT allow
parents to give their children permission to use tobacco products. It is a
misdemeanor punishable by up to $700 fine and 90 days in jail for anyone
to furnish tobacco to a person under age 18 years (MS 609.685, Subd 2)
However, an Indian may furnish tobacco to an Indian under the age of 18
years if the tobacco is furnished as part of a traditional Indian
spiritual or cultural ceremony (MS 609.685, Subd 5)
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Selling tobacco to a
person under age 18 is punishable by up to 90 days in jail and a $1,000
fine. (MS 609.685, Subd 1a)
Alcohol Laws
(Minnesota Juvenile Code 260B.007,
Subd. 16-17, Minnesota Statutes 340A.503)
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It is against the law for
anyone under the age of 21 years to purchase, consume, possess or
misrepresent their age in order to purchase alcoholic beverages.
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It is unlawful for any business
selling liquor to permit any person under age 21 to drink alcoholic
beverages in their establishment. This is a misdemeanor punishable by up
to 90 days in jail and a $1000 fine. (Sub 1a{1})
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It is unlawful to sell,
barter, furnish or give alcoholic beverages to a person under 21 years of
age (Subd 2) This is a gross
misdemeanor punishable by up to a year in jail and a $3,000 fine
(MS340A.702)
Marijuana Laws
(Minnesota Statutes 152.027)
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It is against the law for
anyone to sell, purchase, use or possess marijuana. Possession of sale of
a small amount (42.5 grams or less) is considered a petty misdemeanor.
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It is a misdemeanor to
possess more than 1.4 grams of marijuana in a motor vehicle.
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It is against the law to
possess drug paraphernalia if the paraphernalia has been used and has
residue on it from illegal drugs.
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A person under 18 who
receives a citation for any of the above offenses will probably have to
appear in juvenile court. The court may impose a fine, require chemical
dependency evaluation, order counseling or other consequences.
Curfew Laws
(Minnesota Juvenile Code 260B.007,
16a)
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In order to keep young
people out of trouble and out of danger police in all cities enforce
curfew laws.
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Parents must insist that
you are home by curfew time because it is against the law for them to
allow you out past curfew. If they let you stay out past curfew, a
complaint could be issued against them. The complaint would be a
misdemeanor that is punishable by up to 90 days in jail and up to a $700
fine.
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Businesses will ask
young people to leave because it is against the law for a business
establishment to allow kids to remain in their building during curfew
hours.
Truancy Laws
(Minnesota Statute 120A.22)
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A child under 16 years of
age must attend school
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A child 16-17 years of age
cannot drop out of school without parental consent.
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A juvenile who misses
seven days of school or seven class periods on seven different days can be
charged habitual truant under CHIPS (Child in Need of Protection or
Services) Court (Minnesota Statute 260C.007, Subd 14)
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A parent who contributes
to the child’s truancy from school may be charged with a misdemeanor under
Minnesota Statute 260C.335 that is punishable by up to 90 days in jail
and/or a $700 fine. A child is educationally neglected if the child is
absent from school due to the failure of the parent to get the child to
school (Minnesota Statute 260C.163, Subd. 11)
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A youth who is suspended
from school should not be out on the street during school hours. They are
to be at home while under suspension.
Runaway Laws
(Minnesota Statute 260C.007, Subd 20)
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An unmarried youth under
age 18 years who is absent from home of the parent or other lawful
placement without the consent of the parent, guardian or lawful custodian
is considered a “runaway youth”. In other words, anytime youth leave home
without permission from their parents or fail to return home at the time
specified by their parents, their behavior fits the legal definition of
runaway youth.
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Any person who encourages,
causes or helps a child run from home is guilty of a misdemeanor (MS
260C335) An adult who commits a misdemeanor could receive up to 90 days in
jail and a $700 fine.
Sorry Kids IT'S THE LAW
You’re Busted!
Most parents take the time to talk to
a child about smoking, sex and drinking. They talk about grades and
getting a job, learning to do chores and dating. Often we forget to teach
our children how to deal appropriately with a security officer, police
officer or similar authority figure. A young person who has thought about
this issue is better prepared to handle it if the experience occurs.
The American Civil Liberties
Union’s “Bustcard” recommends:
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Be polite and respectful,
lower your voice, speak slowly.
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Stay calm. Do not get into an
argument with the police. Never run away.
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Keep your hands where they can be
seen. Never touch an officer.
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Write down everything you
remember (officer’s badge and patrol car numbers, witness names, etc.)
as soon as possible. You can ask for their business card politely.
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Attitude is what can be the
difference between going home and Juvenile Hall.
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Ask for a lawyer when it is
“CLEAR” you are under arrest or not free to leave the scene. If you are
“REALLY” arrested, don’t make any statements without a lawyer present
card.
A Trip to the Police Station
If your teen ends up in the police
station, by his own hand, what should you do? Your job is to be protect
and advocate for your teen.
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Be polite
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Listen carefully to what the police
have to say. Make no verbal attacks on the teen or the police.
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Get the facts, find out the names of
the officers handling the case. Try to ascertain just what happened.
Did my child make any
statements? Get copies
Did he/she take a
sobriety/drug test? Get the result
Who is the complainant?
Were their any witnesses?
Was there property
damage?
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Be careful about what you say to the
police. Children in foster care have confidentiality issues. In an
effort to cooperate it is possible to say too much.
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Call the child’s social worker or
SOS line to determine what to do if the child is a foster child.
Some parents think a night or two
in jail does some good for a teen, most juvenile justice professionals
would disagree with this idea.
A Trip In Front of a Judge
If your teen is in detention or
appears in front of a judge
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Make contact with the child’s social
worker if the child is in foster care.
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If the child has a disability and is
in special education, be sure to make this known in writing. Provide
IEPs, past hospitalizations, medical and school records to social
services.
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If consequences are being imposed
that that been already tried and failed. Make this information known.
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Follow court procedures. Be
respectful and non-emotional.
- Advise the teen
to be respectful in behavior and appearance.
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