Los Angeles County Juvenile Defense | Law Offices of Jerod Gunsberg

Los Angeles, if you believe the statistics, has very few hate crimes.

In a city with a population of almost 4 million, the FBI reported that in 2010 fewer than 200 crimes constituted hate crimes.  This figure is almost certainly low given that hate crimes are defined broadly.  They include assault, battery, and intimidation, and cover a wide range of discrimination, including racial and ethnic bias.  Does anyone really believe that in the entire city of LA there is less than one incident per day that meets the definition of a hate crime?  The answer seems rather obvious—there are many more incidents in which people threaten each other and use a racial, ethnic, racial, or religious slur.

So what gives? Why are the cases so rare?  Is there something unusual about the cases that make the list of official hate crimes?

The recent arrest of 7 teens in Palmdale answers these questions, and shows what is wrong with so much of the prosecution of hate crimes.  As reported in the Huffington Post, 7 students ranging from ages 13 to 16, are charged with attacking a 15-year-old student who was walking home from school.  When the facts are described in this way, the alleged crime seems fairly typical, doesn’t it?

But there are two factors that make this case stand out. One is that the teens who were arrested are black and the alleged victim is Hispanic.   Oh–and one more thing—the attack was captured and broadcast on YouTube.

The video shows as many as 10 boys surrounding the victim and challenging him to a fight. The suspects then began hitting the teen while others watched. During the beating, the teens made racially derogatory statements that were captured on the video, Ford said. After the victim fell to the ground, the assailants kicked him multiple times in the head, knocked out several teeth and left shoe impressions on his skin, Ford said. The victim was able to get to his feet and escape the onslaught, and will need to undergo dental surgery.

There in a nutshell is what causes prosecutors to file hate crime charges—an explicit statement referring to the victim’s race, national origin, religion, or some other category that is covered by the law.

This is a perverse way to try to control or deter criminal behavior, especially among teenagers.  Hate crime statutes provide for enhanced penalties for conduct that is often times incidental to the harm that criminal law is trying to prevent.  If the teens arrested in Palmdale had been caught on tape trash talking the football team that the alleged victim rooted for, would their conduct have been any less serious?  Whatever these teens did or did not do, and they are entitled to a presumption of innocence, it wasn’t more severe because of what some of them may have said during the incident.  That, unfortunately, is not the law. What is said during the incident can matter a lot.

Thus, defending juveniles who have been accused of hate crimes often requires a great deal of digging. When groups of people are accused of working as a pack, their interactions are complex.  Just because one person may have uttered an anti-racial statement doesn’t mean that they were motivated by racism.  And it is even harder to know the motivations of other teens in the group. That is why it is critical, as the defense attorney, to challenge the evidence presented by the prosecutor and paint a more complete story of what may have happened.

If your child is being investigated for a crime in Los Angeles or anywhere in California, he or she should not speak with the police until you contact a qualified Los Angeles juvenile defense attorney.

Here are some common situations in which your child may be questioned by police and the applicable rules.

If Your Child Has Been Arrested in California

Within one hour of being arrested, your child has the right to make two phone calls:  One call to a parent, guardian, employer or other responsible adult and one call to an attorney.  If you receive this call from your child, no matter how angry you may be, advise your child to not make any statements to the police.

If your child is arrested or otherwise in custody, the police must advise your child of his/her Miranda rights (right to remain silent, warning that all statements will be used against your child, right to an attorney).  However, the police are not required to advise your child of their right to have a parent present during questioning.  Your child should ask police that a parent be present during questioning.  Also, a child asking for a parent is not an invocation of Miranda rights.  Your child must specifically say that he or she is not going to answer questions or wants an attorney present.

Under California Law, Police May Not Be Required To Inform Your Child That A Parent Is Available

What happens if a child has not requested the presence of a parent for questioning, but a parent is available and wants to be there?  Under California law, the police may not be required to inform the child of a parent’s availability unless the child has requested the presence of a parent.

In other words, if a child does not ask for his mom to be present at questioning but mom wants to be there.  Depending on the circumstances, the police may not be required to tell the child that you are available.

If, as a parent, you find yourself in this situation, it is important to contact a qualified juvenile attorney immediately. You also need to write down the names of the police officers you’ve spoken to, the times you spoke to them and a summary of the conversation.

Statement to a Probation Officer

If your child is to be detained at juvenile hall, he or she will be interviewed by a probation officer. The probation officer is also required to advise your child of his or her Miranda rights.  While statements made to a probation officer cannot be used against your child to prove guilt, they can be used against him or her in other ways that may negatively impact his case. Your child should not discuss the facts of his or her case with a probation officer until first consulting with a qualified juvenile defense attorney.
Police Tactics In Interrogating A Minor

The police are allowed to deceive a child when questioning him or her.  They are allowed to imply that there will be some benefit to a child confessing to a crime by telling him or her to “help yourself” by confessing or that it’s “your last chance to tell us your side of the story.”  The police are also allowed to tell a child that “the victim has already identified you” as the perpetrator of the crime or that “your friends already told us you did it.”

The police can also tell you “that they’ll talk to the prosecutor to give your case special attention because you told the truth.”  DO NOT FALL FOR ANY OF THESE TRICKS. Once again, your child should not make any statements to the police without first consulting a qualified juvenile defense attorney.

If Your Child Has Not Been Arrested

If your child has not been arrested, the police are allowed to question your child without reading the Miranda warning. If your child has not been arrested, your child has no right to have a parent present at questioning.

If your child has not been arrested, the police may pull your child out of class at school to talk to him or stop him on the street.  The police may be very friendly and tell your child that they “just want to hear your side of the story.”  Once again, your child should NOT talk to the police.  Your child should ask if he is free to leave, and if the police officer says “yes” then your child should politely excuse himself and immediately contact a parent or an attorney.  Remember anything your child says CAN and WILL be used against him or her, even if they are not under arrest or read their Miranda warnings.

This is why it is important that your child not discuss criminal activity with ANYONE until after speaking with an attorney. This means no statements about criminal activity to school teachers, no statements to school administrators, no statements to friends, no statements to ANYONE until after speaking with an attorney.