Juvenile Archives · Terry Sherman®

Even online, “anything you say can and will be used against you in a court of law.”

by Terry Sherman | All, DUI, Juvenile, Sex Crimes, Underage Drinking, Violent Crimes

Anyone who has spent more than a few minutes on social media, you likely read abusive and offensive statements posted or left as comments to a post.

Justin Olsen, an 18-year-old Ohio man has been arrested and is facing state and federal charges after investigators claimed he made threats against federal law enforcement and Planned Parenthood. The FBI investigation found multiple entries in which Olsen posted his support of mass shootings, and cited a target of Planned Parenthood.

Olsen was arrested on Aug. 7 and told the FBI that his posts were “only a joke”. He was booked into the Mahoning County Jail on state charges of telecommunications harassment and aggravated menacing, and the federal charge of threatening a federal law enforcement officer.

Is abusive language unlawful?

Although the Justin Olsen’s charges are severe for online behavior, a malicious or threatening post may qualify as defamation. Defamation is the publication of a statement about someone which hurts their reputation in the eyes of members of society.

Abusive language is always in bad taste but it is unlikely to break the law unless threatening or contains criminal intent.

Can I be arrested for releasing a video?

Richard Godbehere, a Hawaii native, knows all too well about the repercussions that come with “over-sharing”. In February, he uploaded a 5 minute video of himself driving, then cracking open a beer and taking a drink. He made a joke stating “We all know drinking and driving is against the law. You’re not supposed to do that. But they didn’t say anything about driving and then drinking.”

Even though he knew he was posting a video of himself doing something illegal, he was still surprised when the police showed up at his house prepared to arrest him on charges of consuming alcohol while operating a vehicle.

Although Godbehere stated the video was meant as a parody and claimed there was no beer in the bottle, the Police Chief Darryl Perry stated “Our traffic laws are in place for a reason, and Mr. Godbehere’s blatant disregard for those laws is the type of behavior that won’t be tolerated.”

Severe consequences.

In Steubenville Ohio, social media played a part in the case against two football players who were found guilty of raping a drunk 16 year old girl.

The victim says she doesn’t remember much of what happened that night when Trent Mays, 17, and Ma’lik Richmond, 16, assaulted her at a friends party in 2012, and was only made aware of it after a video popped up on social media. A key piece of evidence was an instagram photo of the boys carrying the girl out of the house by her arms and legs.

Legal experts say photos and videos, whether posted publicly or obtained by police, have to meet certain criteria:

They must be authenticated, meaning the prosecutors have to prove the images are what they seem and have not been altered or staged;
And they can’t be shown out of context

Additional charges were later brought against two teenage girls after police were shown twitter posts threatening the victim physical harm if she didn’t drop the charges.

When the accused admits to posting the materials themselves, the incriminating posts put them in the awkward position of having to disavow their own words. The boys each served 2 years in prison.

If you or someone you love is in need of an experienced and aggressive criminal defense lawyer, call Terry Sherman.

5 Common Juvenile Crimes Committed During Summer Break

by Terry Sherman | All, Drug Charges, DUI, Juvenile, Sex Crimes, Underage Drinking

Summer break. It’s a time for barbeques, pool parties and…getting arrested? For some juveniles, the answer might be yes. Studies show that kids have a tendency to get into more trouble with the law during the months when they are not in school.

While overall juvenile arrest rates may be down, the number of teenagers who face criminal charges each summer remains high. The short and long term effects of a guilty conviction are harsh and can include:

Impacting their ability to get a job or to get a Commercial Drivers License
Impacting their ability to get public housing
Impacting their ability to enlist in the military
Depending on the severity of the crime, they may be prevented from carrying a firearm
Drivers License Suspension
Possible impact on return to school or transferring to a new school
Having to pay fines, court costs, and restitution where assigned
May affect immigration status

The following are 5 of the most common charges against juvenile offenders:

1. Operating a Motor Vehicle while Under the Influence (DUI / OVI)

While Ohio’s blood alcohol concentration (BAC) limit for adults age 21 years and older is 0.08 percent, minors are subject to a law known as “zero tolerance.” What this means that a juvenile driver can be arrested and charged for DUI / OVI if they are caught driving with any amount of alcohol, marijuana, or drugs in his or her blood. Teenagers who are arrested for drunk driving may also face related charges, such as underage possession, and use of a fake ID.

2. Possession of Marijuana and Other Drug Offenses

A significant portion of juvenile arrests involve marijuana and other drug-related offenses. Although juveniles caught with small amounts of marijuana are typically only hit with a fine, any juvenile conviction for a drug-related offense can potentially have implications for school enrollment, employment eligibility, and driving privileges.

3. Sexual Assault

Sexual assault crimes are prosecuted in Ohio at both the adult and juvenile levels. Prosecutors can seek to charge younger juveniles as adults depending on age and severity of the crime. Any teenager facing sexual assault charges, regardless of the severity, should seek legal representation immediately.

4. Criminal Traffic Offenses

Most traffic violations are misdemeanors; distracted driving, disregarding a traffic control device, speed exhibition, and speeding. Others may accompany criminal charges; DUI / OVI, causing bodily harm by the operation of a motor vehicle, evading an officer, and failure to stop at the scene of an accident.

5. Theft (Shoplifting)

Theft is another common juvenile offense. In Ohio, the penalties for theft are determined by the value of the property stolen, with the felony offenses carrying the potential for significant fines and even imprisonment.

If you or your teenager has been arrested, we encourage you to contact us for a confidential consultation. We have extensive experience in Ohio criminal matters, and we can help protect you or your child.

Should Kids Be Allowed To Waive Their Miranda Rights?

by Terry Sherman | All, Juvenile

Chances are that you’ve heard some version of the Miranda Rights before. You don’t have to be involved in a crime to have heard it, thanks to crime TV shows.

The Miranda Rights start with the famous “You have the right to remain silent…” It’s likely that you can recite the rest, but surprisingly, a lot of people don’t understand what the Miranda rights actually protect.

Protection Offered by the Miranda Rights

By law, a law enforcement officer is supposed to read the Miranda rights to the suspect at the time of his/her arrest. The major benefits include:

That you’re not required to speak to the police
That you are permitted to have an attorney advocate on your behalf at all times throughout police questioning

A defendant may choose to uphold these rights or waive them. In the event that the defendant chooses to waive his or her Miranda rights, and chooses to speak directly to officers in the absence of an attorney, then under the law, such correspondence is not coerced or involuntary.

Miranda Rights and Juveniles

Law enforcement officers also read Miranda rights to juveniles if they’re suspects. The issue is that juveniles often don’t fully understand the rights read to them, or even worse, the implication of waiving their Miranda rights. Because of this, the rate of waivers among juveniles is alarmingly as high as 90 percent.

This makes us question…Why?

One reason is of course understanding or lack thereof. In 2014, the Harvard Medical School and others identified 371 variations of the wording of Miranda rights. Of this number, an impressive 52 percent required at least an eighth-grade reading level for proper understanding. Comprehension becomes even more difficult once you factor in the added stress that plagues juveniles under arrest.

Another reason is the limited memory of all the rights that are included in Miranda. Taking advantage of one’s Miranda Rights goes far beyond understanding the verbiage. It’s equally, if not more important to remember all the rights later, after the arrest and during the interrogation.

Waiving of Miranda Rights by Juveniles

On the heels of these shocking stats are several cases relating to the waiving of Miranda rights by juveniles. On one hand are cases that dispute whether a juvenile actually waived his or her Miranda rights at all. On the other hand are cases that dispute whether the rights were stated in a way to make the juvenile understand what rights were protected.

A number of states are currently considering adopting a revised Miranda standard. This would address many of the concerns regarding Miranda rights and juveniles. Proposed processes that would address some of these concerns include:

Implementing a version of Miranda specifically for juveniles that are easier to understand.

Stipulating a minimum age requirement, meaning that juveniles below the age limit would be legally unable to waive their Miranda rights, make a confession or even speak to a police officer in the absence of a parent or guardian.

The foremost importance of Miranda rights is to protect against self-incrimination during questioning. Therefore, it’s critical to consult an experienced defense attorney like Terry Sherman if you or a loved one is of the belief that Miranda warnings were not properly provided or were improperly or unfairly waived. Call us now.

Can police question a child without a parent present?

by Terry Sherman | All, Juvenile

Even the most precious children are capable of committing heinous crimes. And while parents may be willing to do nearly anything to protect their children, police do not have to allow parents to be present during an interrogation. The best thing a parent can do for a child facing a police investigation or criminal charges is to hire a qualified juvenile justice attorney.

In fact, when conducting certain investigations, such as those involving abuse, or neglect, by a parent, officers usually question a child privately to avoid parental coercion. While parents can tell their child to refuse to speak with police investigating a crime, refusing investigators from Child Protective Services might result in some serious consequences.

What are the constitutional rights of juveniles?

Children have the same protections as adults, and may even have more protection since their age makes them more vulnerable. Historically, courts have ruled that children are entitled to being Mirandized, and may even be entitled to an earlier and more detailed Miranda warning than adults.

But, apart from identifying themselves, children do not have to talk to police at all. The constitution provides them with the right to remain silent, and children also have the right to have an attorney present during questioning.

Parental permission to speak with the police.

Parents often get upset when they learn that their child was questioned by police officers without their expressed permission. Juvenile justice varies from state to state, but most jurisdictions require parents be notified when a child is detained, and others will ask for parental consent before questioning a minor, even though doing so is not constitutionally required.

Typically, law enforcement officers will attempt to contact parents for the sake of health and safety, as there may be important information for officers to know about, such as a severe peanut allergy. Also, parents can unwittingly provide helpful information to officers.

Many older adolescents and teenagers may be more inclined to speak to officers if parents are not notified. It should be noted that officers are under no obligation to tell the truth concerning parental notification. Further, teens should understand that giving up your right to remain silent can be a very dangerous choice without consulting your own attorney. A parent cannot represent their child in the criminal justice system.