Minor arrested and ticketed

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Minor arrested and ticketed

My daughter was arrested for fighting also ticketed. But she was defending herself this is the 2nd time she has been attacked by a gang of female and male. Police wants her to attend a 10week program to avoid any court hearing. I have made the school and the police is aware of what is going on. I have proof that these people did commit this crime. I have the comments made by them from Facebook.

Asked on June 19, 2009 under Criminal Law, Michigan

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Although I do not practice law in the State of Michigan, here are my initial impressions.  If your daughter was arrested, and there may be valid self-defense claim, she should consult with and/or retain a criminal defense attorney prior to submitting to any "anger management-type" programs.  Although the procedures may be different in Michigan, I do not know under what authority the police can compel anyone to attend any types of counseling/programs.  A judge, or a prosecutor, of course, could make a resolution of the charges contingent upon program participation; however, that would necessarily happen only after your daughter had appeared in court.  Therefore, rather than simply submitting to the police's conditions, I recommend that you consult with and/or retain a defense attorney on your daughter's behalf to evaluate the merits of both the state's case and her defenses.


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